Get free answers to your Trademark legal questions from lawyers in your area.
I want to purchase the rights to ownership of this trademark:
Serial # "78338468", Registration # "3204956", Status "710 - Cancelled - Section 8".

answered on Oct 19, 2021
It depends on what your profession is. If the use of the trademark of the other could leave average person to be confused about the source of the goods, it could be. Whether it is registered can be found out with the help of an attorney.
I have a question about how my life would be if I got this company and how much money would be made for my future and family is it sure success in the business or what I do need to know if I going to make my money back in wholesale or whole period

answered on Oct 7, 2021
This question is very general. Many issues you need to address to stay out of trouble. The most common matter is your trademark. You should conduct a research and make sure you are not using others' trademark. Preferably, you should register your own trademark. Other matters include... View More

answered on Sep 3, 2021
You need to invest in a consultation with an attorney to analyze your case and provide options.
For example Coke makes brands like Sprite and Fanta. Their the same soda brand that have different soda. That’s what I am trying to accomplish. I have an LLC already in Georgia. Do I just make buy another LLC? Is there like a box I fill out out under my already owned LLC?

answered on Aug 3, 2021
You do not need any more LLCs
You need to register the brands to get protection against others who would want to use the same name
You need to consult with an attorney
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

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.

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.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.