Get free answers to your Trademark legal questions from lawyers in your area.
Cosmetic Warriors keeps flagging all of my listings even though the title and description of my listings on Ebay specifically say my brand name, not theirs. They are complaining for using terms such as "(my company name) bath fizzies lush roses" saying it is copyright infringement.... View More 
answered on Aug 11, 2020
This use of the word may fall under Descriptive Fair Use of a trademark when a word is used in a descriptive manner and not as a trademark, and there is no association implied with the trademark owner.
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answered on Aug 4, 2020
Trademark owners are supposed to police their mark, but a cease and desist letter can have some merit, a lot of merit or no merit. It depends on the facts and circumstances surrounding the marks and their use. You should contact an attorney to assist you with determining the viability of an... View More
answered on Aug 4, 2020
A trademark owner or trademark would likely find those trademarks to be confusingly similar and the use of one would likely create a likelihood of confusion with the other, depending on the class/category of the trademarks, etc. Generally speaking, the addition of one letter does not overcome the... View More
I was researching for a brand name and this one appeared as unused in the Justia Trademarks display page. Just the steps to acquire the brand name before using it Online.
answered on Jul 28, 2020
While some people do purchase rights to use a trademark from trademark owners, if the mark is not being used by anyone, then the right to exclusively use a trademark is acquired through use for goods and services. Before filing for registration of a trademark, it is important to determine whether... View More
The order Hello and good evening. I’m wondering how much you would charge me to have a T-shirt made? Two shirts specifically. I World like a saying and four drawing on the shirt.
To get to the point, she asked me to create and i worked tirelessly to do so, finished my design and sent her... View More
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answered on Jul 17, 2020
She seems to be under the assumption that because she commissioned the design that it belongs to her. Unfortunately, many people make that incorrect assumption. The Copyright Act is clear that you need a writing for a work to be considered a work made for hire and only particular works fit within... View More
I registered a trademark (business name) in 2004. In 2007 I sold the business to a large company. I don't remember reassigning the TM. I was doing a TM research today and see I still own the trademark. Do I still have a right to use the name?
answered on Jun 25, 2020
Well, that depends on the terms of your asset purchase agreement, including any provisions concerning IP and common law trademark rights. Additionally, you'll need to examine whether the other party has already started acquiring common law rights through use of that trademark and whether you... View More
answered on Jun 19, 2020
You should consult with a trademark attorney regarding using trademarks that are registered. Generally speaking, trademarks are protected within the class of goods or services in which they are used. If, for example, the trademark owner uses the mark for nutrition/health, your use of the mark may... View More
I can’t even find the trademarked business online.
answered on May 26, 2020
Great question. There are numerous options to consider. If you'd like to discuss them, let us know:
Bill Hulsey
IP & Patent Lawyer
Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers
Regional Economic Developer (M.A.Econ | CEcD*)... View More
Also, if I can register it, would I need to register it as an LLC?
answered on May 26, 2020
Yes. And, we can help:
Bill Hulsey
IP & Patent Lawyer
Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers
Regional Economic Developer (M.A.Econ | CEcD*)
HULSEY, PC
A Gold Standard in IP for a Competitive Entrepreneurial... View More
answered on May 25, 2020
Yes. The word "room" is not the main part of their mark, "VRchat," from the POV of trademark protection.
Are we able to sell it? We don't claim the artwork as ours.
answered on May 16, 2020
https://www.youtube.com/watch?v=2jK8IndKMis
TRADEMARK FAIR USE
Please watch this video.
If we can help, let us know.
All the best,
Bill Hulsey
We are a towing company, and we use different key words phrases on our website. One of them is Miami Towing, for better search traffic from google. We received a letter from Miami Towing company that has a trademark of that phrase. They have recently filled for it. Am i braking law using it?
answered on Apr 14, 2020
Generally speaking, use of a bonafide trademark on a website or advertisements may constitute trademark infringement if such use would likely cause confusion among consumers, such that a person would be confused as to the source of the goods or service that they wish to purchase. However, trademark... View More
answered on Apr 13, 2020
It can be.
Check when it expires.
Also, if you really want it, you may institute proceedings.
There are a number of strategies you can pursue.
Contact for a consultation
480 324 6378
www.legalbizglobal.com
Unsure if I should use Class 09 or Class 42 for my company's brand name. Is making the video games I want to make, but then selling and/or offering them to be played by others considered a service for others?
answered on Apr 7, 2020
The answer to your question depends on the specifics of your business. However generally speaking, a trademark symbol is used to identify the source of 'products/goods' that you are selling; and a service mark is used to identify the source of a 'service'. For example, when a... View More
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answered on Mar 3, 2020
There are a few considerations with abandoned marks. First, what is the reason for abandonment? Here you say there is no statement of use filed which could mean that they never used the mark at all which would be good or that they just simply didn’t file the document, but are actually using the... View More
Hello, I recently started a business in apparel. Initially, I had done a trademark search to see if it already existed so I could register it at a later date. When I did my research I saw that it was already registered under a series of books I didn't think this would be an issue. Later I read... View More
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answered on Feb 9, 2020
In the current climate of branding and merchandising, it is not uncommon for a popular book series to venture into the merchandise space. This merchandise will usually include at least t-shirts like those sold on harrypottershop.com. If you have found that the mark for the series of books is being... View More
Dear Lawyers,
I would like to register part of my company name as a trademark to prevent other companies from using it. I have carried out a search on uspto.gov and there is one record with a "cancelled" status.
I would like to know how much money and time it is going to... View More
answered on Jan 24, 2020
This is difficult to answer with an exact cost because your registration depends on a variety of factors -- namely, how many marks and in how classes will you be registering? Basically, the USPTO charges a filing fee of $275 per mark, per class. In addition, an attorney charges their own service... View More
There's a brand called Public Rec, we're starting a brand called Public Order. Two completely different styles of clothing but could this potentially be an issue?
answered on Jan 24, 2020
Pub Rec is a registered trademark for several classes of goods with 2 filings with the USPTO. You have no registration or application. You need to discuss this issue with a trademark attorney.
it says cancelled
answered on Jan 2, 2020
There is a pending application
unless you are him or his attorney, you should not try to get it as it may be misappropriation of a famous image
talk to an attorney about your needs and plans
Because of their 180 day refund policy but the company says I would receive a certification in 1 yr and now this company isn’t answering calls, changed their email and phone number. How could I get my $ back? I purchased from a gift card I no longer have so I can’t go through the bank. PayPal... View More
answered on Dec 28, 2019
Try with your state attorney, AG, see if they can assist you
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