Get free answers to your Trademark legal questions from lawyers in your area.
My trademark has all generic words I have a disclaimer for all the generic words on my trademark. however I have noticed a website using my trademark words on their website and company name as well as their domain have a couple words from my trademark. Can I stop them from using those generic words... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2020
It depends on how the words are being used. Usually the disclaimer means that you do not have rights to that word outside of its use as part of your mark. Therefore, their use of the words depends on the similarity in the marks as a whole. With regard to stopping them, you may be able to send a... View More
The trademark is filled in the USA as an international trademark. I want to know if that is enough to stop someone using words from my trademark on their website outside the USA.
My trademark is made up with 3 words and a symbol, I have a disclaimer for the 3 words. However I have noticed... View More
answered on Oct 26, 2020
You need to visit with a lawyer who specializes in intellectual property. I don't know where you are in the state, but if you call The Florida Bar in Tallahassee they can point you in the correct direction.
Good Luck
d
Trademark certificate states:
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE THE FOLLOWING APART FROM THE MARK AS SHOWN: “beautifying skin solutions”
What does this mean?
answered on Oct 26, 2020
A trademark disclaimer indicates that a registrant does not claim an exclusive right to specific elements of the mark. For instance, while the mark is registrable as a whole, it may contain descriptive elements that would not be registrable by itself; and the registrant cannot prevent other... View More
Founder/President was impeached for misappropriation of funds and possible fraud. Sorority registered in Georgia. The Sorority name is trademarked. How can we continue use the name and register the sorority in Florida with a different EIN.
answered on Oct 9, 2020
You're talking about two distinct issues here: Trademark law and fraud. It's a little unclear from the above hypothetical how the two are related.
Unless the fraud was somehow connected to the name itself, or if there was fraud in the registration and/or procurement of the mark,... View More
Founder/President was impeached for misappropriation of funds and fraud. The organization would like to still use the sorority name but incorporate in another state. Organization registered in Georgia, would like to register the organization in Florida with a new EIN.
answered on Oct 9, 2020
Depends on how the trademark is registered and whether there is another entity using the name. If the nonprofit owns the trademark, then it should be able to continue using it in Florida. My nonprofit clients in Florida typically register their marks this way. Consult with an attorney to guide you... View More
So I'm interested if i could for example create my own trademark with the name like Miami Walk Of Fame with my own unique design ? And would i get any trademark infringement from the following trademark? So basically I am asking may i use the "walk of fame" phrase part in my name for the company?
answered on Oct 6, 2020
I'm a little unclear as to what you're intending to do ...
If you adopt a mark that is confusingly similar to the Hollywood Walk of Fame, you will likely be accused of infringement by the mark owner. However, if you just adopt a portion of the phrase and/or alter it significantly,... View More
I want to name my company " viva la vixen" but I see another company has that as their trademark name and name of their company. however the status is showing as abandoned, what do I do
answered on Sep 21, 2020
If this is in Florida you apply for the name once the company has been administratively dissolved for 1 year. If you are not sure what to do you should get an attorney to help you with this process. The old company is able to reinstate their name for a fee and the late filing penalty, but not after... View More
We want to trademark/stripe "Got Your Six"
answered on Sep 15, 2020
You will need to consult with a trademark attorney to assist you with the trademark registration process to ensure that no one else is currently using the trademark in the same or related class that you intend to use.
I'm interested in taking over the trademark to continue the apparel line.
answered on Aug 15, 2020
Work with a trademark attorney to determine whether a trademark is available. Another company may have started using the trademark in the same or related class/category. A clearance search is recommended to avoid claims of infringement.
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
