It is an original photo that I took to use as a header on our church website and the name, "Sony" is in view on the side of the camera
You don't need permission to use your own photo. However, depending on what your website is about, it would be best to avoid displaying someone else's trademark.
I’m planning on opening a sports cafe in Indianapolis area
If you're going to be a Chicago Cubs themed bar, you might need a license from the team. Even if that specific phrase is not trademarked, you could run into problems, and I recommend allocating some of your startup budget to legal counsel on this issue (and perhaps proper licensing, business... Read more »
Fascinating hypothetical. The answer probably depends on a few things: Was the tattoo a reproduction of another artist's creation, or based on an existing trademark? If so, have those rights now lapsed or terminated? Was the tattoo a part of the film's original creative makeup? If so, has... Read more »
Yes, you could be sued for trademark infringement. You don't get a freebie trademark infringement.
I have an LLC and I provide HR serives and business consulting
A lawyer is not required to register a trademark but hiring one is always advisable. Preparation of the registration application can be tricky, and an experienced attorney knows how to address Office Actions that may come from the USPTO examining attorney. If you decide you would like to use an... Read more »
Not entirely clear on what you are asking, please provide more detail.
Without the permission of Bob Ross's heirs or Bob Ross, Inc. (whichever is the appropriate rights holder), you will almost certainly open yourself up to legal liability if you print images of or produced by Bob Ross for resale.
Photo, quote, trees
**Using Bob Ross's Paintings**
Bob Ross was born in 1942 and presumably began painting some time before hosting The Joy of Painting, which first went on the air in 1983. I'll assume you're talking about using paintings created on his famous show.
If Bob Ross's... Read more »
Wondering if I can use the logo or image from a business that has been defunct for a long time on t-shirts that I'm selling online.
It is unlikely, especially if the store is defunct, that anyone current holds a trademark to the logo or company name on the sign. You would be best advised to conduct a trademark search (federal and state) or have one done for you by the many online services offering that function.
If someone is using my trademarked name as a domain name registered in the USA is there any way I can get them to stop using it so I can register it?
it depends. there are alot of factors. you are welcome to call our adam sedia to give him more detail and get an idea. there is no charge for the phone call. you can check him out on our website: rubinoruman.com
Well, the Trademark Office (either Federal or State) will conduct their own trademark search, but it will not be "for you;" it will be to determine whether your mark is confusingly similar to another registered mark. If they find a conflict, they will reject your application, and you will... Read more »
A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a... Read more »
A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a... Read more »
No. You can establish rights in a mark based on use of the mark in commerce, without a registration. However, owning a federal trademark registration on the Principal Register provides several important benefits, including: Public notice of your claim of ownership of the mark; A legal presumption... Read more »
Yes, this is always a good idea. Actually, you should conduct a search before you even start using a mark, to reduce the risk that another trademark owner will send you a "cease and desist" letter after you have invested money in promoting your trademark.
Paul... Read more »
A good starting point for conducting a trademark search is the US Trademark Office website, at http://www.uspto.gov/ (then click on Search marks). As you are in Indiana, you can also search Indiana trademarks at http://www.in.gov/sos/business/2374.htm
Paul... Read more »
According to the Lanham Act,a “famous” mark under the Lanham Act is: (2) Definitions (A) For purposes of paragraph (1), a mark is famous if it is widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark’s owner. In... Read more »
The registration does not become invalid, although unless you intend to continue using trademark, you could be deemed to have "abandoned" the trademark, making it unenforcable. A Federally registered trademark is presumed to be abandonded if it is not used for three years. Specifically,... Read more »
You might be sued if the names are so similar that consumers might be confused by the similarity. A domain name can constitute a trademark or service mark, and domain names can be registered with the Trademark Office. However, depending on where you are located, you may not be subject to the... Read more »
A trademark is used in connection with products (such as TIDE for laundry detergent), while a servicemark is used in connection with services (such as ROTO-ROOTER fo plumbing services). Some marks can be both a trademark and a service, such as DAIRY QUEEN, which is used for both restaurant... Read more »
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