Lawyers, Answer Questions  & Get Points Log In
Illinois Trademark Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Thanks for the opportunity to ask a quick question. I take note that Cannei has a trademark on the game SET. If I only

incorporated their play mechanics but none of their artwork, would that be allowed under trademark, copyright and patent law? Thanks.

John Martin Hilla
John Martin Hilla answered on Jun 24, 2019

This is a patent question. From the trademark standpoint, the mechanics of a game, or software coding, etc., is not a subject-matter of trademark law or with which trademark registration with the US Patent and Trademark Office is concerned. Trademark protection is extended to the word mark (name,... Read more »

1 Answer | Asked in Trademark for Illinois on
Q: Word Phrases?

Our company just received a trademark violation for “we droppin”. We are using “where we droppin boys” on pajamas. That phrase is not trademarked. They are claiming we are infringing on their trademark. Are we?

Griffin Klema
Griffin Klema answered on Mar 22, 2019

You need to consult a lawyer. It's not possible to provide you with an answer without more information. Send the cease and desist letter to the lawyer so they can evaluate the issues. If it's a federal trademark, I would be happy to discuss this further with you. 202-713-5292.

1 Answer | Asked in Copyright and Trademark for Illinois on
Q: Would I be infringing on Hasbro, Inc. for using "Connect4" or "Connect "Four"" to use for a game for a trade show?

I have a big show (100,000+ attendees) coming up for contestants to win a certificate if they happen to win on a larger version of the Connect4 game. I am making up a sign to use for this game, but do not want to infringe on any trademarks.

The slogan we are wanting to use is "Connect4... Read more »

T. J. Jesky
T. J. Jesky answered on Sep 8, 2018

I checked the government's website at www.uspto.gov and looked-up "Connect 4." Yes, the trademark was filed by Hasbro; however, it appears that the trademark as yet to be issued.

This means that Hasbro does l not have trademark protection during this pending period. If they started using...
Read more »

1 Answer | Asked in Trademark and Intellectual Property for Illinois on
Q: What does abandonment-no statement of use filed

I want to know if someone LLC something. but, when I researched it gave me the statement

T. J. Jesky
T. J. Jesky answered on Sep 8, 2018

The term, "ABANDONED - NO STATEMENT OF USE FILED" is used by the U. S. Trademark Officer. It means when the applicant has not replied to the Trademark office and the applicant has failed to file "statement of use" then, USPTO abandons the mark. The mark is not valid anymore and it is free for... Read more »

1 Answer | Asked in Trademark for Illinois on
Q: I'm opening up a new retail store and want to know if I can use a trademarked company name to describe my store.

I want to remain anonymous so I'll just use a made up example. Let's say there was a company called "Home Improvement Shop" and that company had a trademark on that name. Could I start a company called "Do-It-Yourself Depot", and then under that say "Home Improvement Shop". So I'm not using a... Read more »

Benton R Patterson III
Benton R Patterson III answered on Nov 1, 2017

An attorney would need to review the exact language. Based on the limited information, this probably is trademark infringement because it would likely result in confusion of the source, sponsorship, or affiliation with the other company's trademark. A federal trademark provides nationwide... Read more »

3 Answers | Asked in Trademark for Illinois on
Q: what's the best way to start? I Have My Logo which I Design,I Want To Make tees / caps with my logo I Dont Have Any TM

I Dont Have Any TradeMark register, I'm interest to do it, and basically get my logo protect and my others logos for my respective names of projects (talking About Record Label, Graphics,And Music Productions)

Clothing namely, shorts,caps, hat, jerseys,blouses, shirts, T-shirts,

Yan Zong
Yan Zong answered on Oct 23, 2017

Hi, if you already have the design of the logo, you need to ask a lawyer or agent to help you search whether other similar/same logo existing.

View More Answers

1 Answer | Asked in Intellectual Property and Trademark for Illinois on
Q: Is this legal to use on a tee shirt of your own design https://trademarks.justia.com/858/68/supreme-85868057.html

Can that trademark be used on a shirt like at https://mikethebear.com/

Michael Gerity
Michael Gerity answered on Aug 1, 2017

Hello. The trademark application in the link actually never got registered. They filed the application as an "intent to use" application, meaning that they were not using the mark in commerce at that time, but intended to do so at some time in the future. Their application was allowed back in... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: I want to trademark UNLABELED FOR my clothing brand. Is it already taken ?
Griffin Klema
Griffin Klema answered on Jun 11, 2017

You can search for federal trademarks at the USPTO via the TESS system. There are two possible registrations that may prevent you from securing a trademark: "Unlabeled Society" and "Unlabeled State of Mind." Both are registered in international class 25 (clothing). So, if you pursued a trademark... Read more »

1 Answer | Asked in Business Formation, Business Law, International Law and Trademark for Illinois on
Q: Starting a business. Company in Thailand is already using same name in a related field. Can I use the name or no?

Looking to start a business. Initial research indicated that the name selected was unused. Bought domain. Further research uncovered a company in Thailand using the same name in virtually the same field. Overlap in business/target market unlike as they're in Thailand and I'm in US but not... Read more »

Glenn B. Manishin
Glenn B. Manishin answered on Jan 11, 2017

Trademarks and trade names are jurisdiction-specific. If the name is not used or registered in the US, you are free to use it here...but of course no in Thailand.

1 Answer | Asked in Trademark for Illinois on
Q: If a company uses a new logo, can I take their old one and use it without permission?

I am trying to make merchandise to sell that has a company's logo on it. They did not give me their permission. Now they have a new, different logo. Can I use the old one for my merchandise?

Changi Wu
Changi Wu answered on Sep 8, 2015

It depends. If the company abandoned the trademark, the trademark becomes unenforceable. A trademark is presumptively abandoned if the trademark is not used for three consecutive years. However, the company owning the trademark can rebut the presumption by providing evidence that the trademark is... Read more »

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.