Get free answers to your Trademark legal questions from lawyers in your area.
DARPA, CDMA, USCCA, USCIS, RealID, E-Sign
answered on Jun 6, 2021
Some are functional. Some are brands. Knowing the difference is important and controls your rights.
answered on May 19, 2021
No, not familiar
let us know your question on trademarks
We became unemployed during this pandemic with my mother and started selling t-shirts over etsy.
We buy all svg and designs from digital svg sellers. Unfortunately we have received a nonsense trademark warning 3 times in the last 3 months.
Finally, a design of our "boy mom and... View More 
answered on Mar 29, 2021
You should certainly contact an experienced intellectual property attorney for a confidential discussion. There are many facts that affect the analysis, and an experienced attorney will be able to explore all relevant facts before advising you. Such an attorney will want to review the complaining... View More
answered on Feb 15, 2021
What trademark are you seeking? An attorney will conduct a search for you and determine if the trademark is available.
Starting a small business creating personalized rugs and want to avoid trademark fraud.
answered on Jan 17, 2021
Maybe yes, maybe no. It depends on how the trademark is registered and how you use it on your rugs and then if and how you sell it. You should also consider that characters can be protected under copyright (in addition to trademark). Please feel free to email me if you have any questions at... View More
The goods and services that the dead trademark provides is not in the same category as what I want to provide
answered on Jan 16, 2021
A trademark might still be in use under "common law" even if the associate federal registration has been abandoned and listed as dead. It's even possible that the registration was unintentionally abandoned and if not too much time has passed, the owner could petition to revive the... View More
answered on Jan 15, 2021
A cancelled trademark may still be in use by the original trademark registrant or some other business owner. In order to avoid claims of infringement, it is important to determine if a mark (or a similar mark) is in use for the same or related goods or services. Consult with a trademark attorney to... View More
Company name is trademarked.
answered on Jan 8, 2021
Yes. You have options.
Assuming you have a solid case of infringement, you could perhaps file a trademark lawsuit in state court, federal court, or start resolution through whomever is hosting the website (likely ICANN).
Please talk to an experienced IP attorney to discuss these... View More
In a fictional book, what is the protocol for mentioning brand names? I'm referring to situations in which the particular company / brand is not being represented in a negative way, but only mentioned casually. For instance, can an author write a book in which their characters are eating... View More
answered on Dec 22, 2020
Depends on the context, purpose and such.
You should consult with an attorney to understand your risks
best luck
Marcos
For example, "world" = "mundo" / "happy" = "feliz" from English to Spanish. So, would a company called "Happy Mundo" violate the copyrights or trademarks of a company called "Happy World" or "Mundo Feliz", since they each have... View More
answered on Nov 24, 2020
Yes
The trademark office considers foreign languages and translations when making a determination on whether to approve or not an application.
Consult with an attorney.
how to find whether it’s the phrase, or actual product itself that’s trademarked, copyrighted, and/or patented
answered on Oct 19, 2020
The USPTO may be searched to find federally registered trademarks. Trademarks may also be registered in individual states. However, it is important to remember that even unregistered trademarks have common law rights against infringement. If a trademark is confusingly similar to another... View More
I have registered a business name this year of 2020. however after checking the USPTO site a company in Rhode Island uses the word Borvani in their business name "House of Borvani". It went dead in 1982. I sale cosmetic and beauty they sale jewelry. from my understanding common law only... View More
answered on Sep 23, 2020
This is a complicated question and you should reach out to a trademark attorney to give you a full and complete response.
The short answer is that it depends on how "House of Borvani" is being used. It's possible it's limited to only one state, but common law trademark... View More
The seller sells a bunch of stickers online. There is one particular sticker design I love that I want to print on a face mask with my own quote along with it. The sticker doesn't have the (C) on it and her website doesn't have any info about copyrights or trademark. Will I get in trouble... View More
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answered on Jul 23, 2020
The artwork in the sticker belongs to the artist even if it doesn't have the copyright symbol on the sticker. The better plan of action is to reach out to the seller and see if they own the rights to the artwork or know who does. Feel free to call or email me if I can be of further assistance.
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answered on Jul 16, 2020
Depending on the reason for cancellation and time since it's been cancelled, you may have to file a new application. Feel free to call or email me if I can assist.
answered on Jul 9, 2020
Unfortunately there is a very limited window to revive your trademark application, once abandoned. You would have to sign a statement that letting the application become abandoned was unintentional, pay a $100 filing fee, and then address whatever the problem was that led to the application... View More
answered on Jul 2, 2020
Well, first off: sorry for your loss. If it's a federal registration that has been abandoned, there could be a 'grace period' for revival. But unless you were in business together, claiming continuous use in commerce could be difficult, unless there's excusable non use. If... View More
I am looking to start a business with with State outline logos for hats, shirts and jackets similar to the Masters, but it will be individual states such as Georgia, Alabama, Texas etc...not the outline of the United States I want to make sure I am not or will not enter any legal issues moving... View More
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answered on May 1, 2020
The geographic boundary of a state is not protected, but you have to make sure that your design doesn't infringe on someone else's. I would contact a trademark attorney to discuss the word mark or design mark (logo) that you intend on using to be able to get more tailored advice. Feel... View More
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answered on Feb 3, 2020
There are various reasons that a file will be considered abandoned by the USPTO. If the file is considered abandoned for failure to respond to an Office Action or to file the Statement of Use, an applicant may be able to file a Petition to Revive the application. However, the petition must be... View More
My divorce was final 4 years ago after my ex husbands arrest. In my divorce decree his rights were taken away and no contact with put in order. he was convicted and sentenced to 30 years in prison. I did not Want my last name different than my daughter's, now she is 13 and would like to... View More
answered on Dec 11, 2019
We would need to review the language in your divorce decree to determine whether you would need his consent to change the name. I would recommend you schedule a consultation with an experienced family law attorney to discuss your specific situation.
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