Get free answers to your Trademark legal questions from lawyers in your area.
I have other designs and I'm debating whether to seek copyright protection or a design patent.
answered on Dec 18, 2019
Yes, you should be able to seek legal action. Go see an intellectual property litigation attorney.
answered on Dec 16, 2019
You can learn all about trademark on US patent and trademark office's website. Or you can hire an attorney to do it for you to avoid mistakes because it takes 6 months to hear from the government. A mistake is very costly in time sense.
answered on Oct 16, 2019
You can trademark your copyrighted design by incorporating this design on goods and/ or services in interstate commerce. Whether you will be awarded a trademark depends on prior use of the same or similar mark. To determine the availability you need a full trademark search of all databases. If you... View More
If so, how does one go about doing it legally?
answered on Sep 30, 2019
Brilliant observation
YES but not so fast
Just because it is abandoned in the USPTO system does not mean it is not in use
There may be some rights left for the owners
Consult with an attorney before you do anything
answered on Jul 14, 2019
An abandoned mark is no longer registered within that particular class, so yes it’s available to another registrant but you’ll still have to prepare and file a new registration application with the USPTO to claim the mark.
answered on May 30, 2019
Attorneys fees vary, however the application fee{s) begin at $225 per trademark per class/category.
Available as in able to be taken and used on my own product, especially on product in an entirely different field of use?
answered on May 24, 2019
A Section 8 Cancellation of a trademark registration occurs when a registrant fails to file a renewal of their trademark registration. However, whether a mark is available for use depends on many factors including whether the mark is currently being used. Cancellation of a trademark registration... View More
To develop products for motorcycles. Currently the brand owned by another company is not active in any way. From my knowledge. What kind of lawyer do I need to carry out this? I am in the process of opening a company in the United States in the state of Florida.
answered on May 24, 2019
You will need a trademark attorney to assist you with determining whether your use of the name would constitute infringement and with registration or licensing/purchase of the brand name. Just because a company is not active does not mean that the brand name is not being used as a trademark. For... View More
answered on May 6, 2019
Business names are not eligible for trademarks. If you are using the business name is used in association with produce or service, then you may be eligible for a trademark. You should consult a trademark attorney. I offer free consults. https://calendly.com/ahajiamospllc/15min
Can you please let me know what I can do?
answered on May 3, 2019
No, a US registration is limited to the US. You would need to follow the Madrid Protocol to secure trademark rights in other countries. If you are selling products in Turkey, and someone else has a registration, there are several things that need to be addressed (such as whether the person is... View More
My company and it's name were created a few years before the name was trademarked by an individual/person. The individual used sloppy specimens showing use by his corporate entity with no similarity in word mark even shown, and again; filed as an "individual/person" but still got the... View More
answered on Apr 29, 2019
Yes.
You may use your entity status as a defense. However, a plaintiff can choose to sue whomever they'd like.
answered on Apr 23, 2019
It sounds like you're asking for an intellectual property search for your grandfather. If you'd like to search this for yourself, you should search for his assignments in the databases at the USPTO (https://portal.uspto.gov/pair/PublicPair) and the Library of Congress... View More
Posible logo or company name trademark
answered on Mar 30, 2019
Varies.
I charge $250 for the first class/mark for the application. USPTO fees start at $225. The prosecution costs $500-$1,500, on average over the course of about 8 months. The more crowded the field and descriptive the mark is, the more expensive prosecution will be.
answered on Feb 27, 2019
Probably, not or yes.
It will depend if somebody is using it already.
You should have a consult and get a search and analysis of what is registered for the same type of service.
cheers
I have the numbers for the trademark from the Justia site.
answered on Feb 21, 2019
It doesn't work that way. If a trademark is dead or abandoned, you must go through the process re-registering the mark by filing a registration application with the USPTO
answered on Feb 17, 2019
Most likely not.
If you are referring to the show FRIENDS, then definitely not.
The logo very likely is copyrighted or the creators, owners of the show, own some rights over it, so they could come after you and stop you from using it.
answered on Jan 25, 2019
You should discuss with a trademark attorney. A trademark attorney will, as the first step of the service provided, conduct a thorough search of the Federal trademark register, state registers, domain names in use, and other common law usages of the term to find out if anyone is already using that... View More
answered on Dec 26, 2018
Are you selling the product? Mere possession of an item with a trademark is not necessarily infringement. Selling (i.e. generating revenues and profits) is entirely different. Unfortunately, there is not enough information in your question to provide any further insight. Good luck!
We have literally the same logo. Not even joking. I can't find trademark information, but they have been using theirs longer than we have. Are we at any legal risk.
answered on Aug 28, 2018
It may depend upon whether they have registered the trademark at the U.S. Patent and Trademark Office.
answered on Jun 22, 2018
Apple, Inc. is a California corporation. While it's business name is no doubt registered in Florida, as well as everywhere else, you won't get in trouble unless you name your new business "Apple, Inc.", or something similar. Name it something else: "[your first name]... View More
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