I read that I can be sued if I claim the trademark and start using it while the previous owner is still selling items under that name. I also read that I need to figure out if it was denied, and if so, why? That way I don’t run into the same problems.
answered on May 29, 2023
To start you should look at why the mark was abandoned. Was it denied originally due to an office action and the owner let it lapse, or are they no longer using the mark. If a mark is no longer in use and abandoned you may file for an application with the USPTO for the abandoned mark in the same... Read more »
I read that I can be sued if I claim the trademark and start using it while the previous owner is still selling items under that name. I also read that I need to figure out if it was denied, and if so, why? That way I don’t run into the same problems.
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answered on May 31, 2023
Here are the steps on how to claim an abandoned trademark:
1. Check if the trademark is still in use. You can do this by searching the United States Patent and Trademark Office (USPTO) database.
2. If the trademark is not in use, you can file an application to register it. Your... Read more »
The super hero word is trademarked by Marvel company but I don't kbow if i can use it in my book title as : Superheroes drawing book for kids ages 4-8
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answered on May 29, 2023
Absolutely! You can use the word "Superheroes" in your book title, such as "Superheroes Drawing Book for Kids Ages 4-8," with confidence. While the term "Superheroes" is indeed trademarked by Marvel, as long as you are not infringing on Marvel's specific... Read more »
The super hero word is trademarked by Marvel company but I don't kbow if i can use it in my book title as : Superheroes drawing book for kids ages 4-8
answered on May 31, 2023
Copyright and trademark law is complicated. You need to consult an attorney that specializes in this kind of law, also called intellectual property. For example, I think that the use you propose "Superheroes drawing book...." could be a violation of the Marvel copyright, because you are... Read more »
I started a clothing business years ago called Tall & High. A year after starting I found out someone else trademarked it in New Hampshire. They never sent a C&D, but I stopped operating. I am starting back up and want to register my logo so they cannot trademark that too. They don't... Read more »
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answered on May 29, 2023
When it comes to trademark registration, it is important to consider several factors. If there is already a basic word mark trademark for the name "Pep," it could potentially create complications for registering your logo under the same name. Trademarks are granted for specific goods or... Read more »
I am multiethnic and want to create a shirt with a hero inspired character that represents my cultures and offer it for sale to those who share similar culture ties.
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answered on May 24, 2023
In order to avoid copyright infringement, it is generally advisable to create an original work that is substantially different from the copyrighted material. While it is acceptable to draw inspiration from existing characters or works, it is important to ensure that your creation has distinct and... Read more »
Is this possible? How do I do that on my own? I want to see if it will be accepted to be adequate in relation to intellectual property used. If this is possible. What do I do? Forms needed? Thank you.
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answered on May 23, 2023
If you want to assert your rights as the creator of intellectual property and establish its adequacy, it is advisable to consult with an intellectual property attorney who can provide specific guidance tailored to your situation. They can evaluate your intellectual property, advise you on the legal... Read more »
est Husbands and their trademark expired and was abandoned for no response and I'd like to have it assigned to him. Serial Number
Word Mark
HILCREST HUSBANDS HE 602- Abandoned are To
Status Date
2012-06-01
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answered on May 22, 2023
To acquire an abandoned patent, you would need to confirm its abandonment status, reach out to the original inventors or assignees to negotiate an assignment agreement, file the necessary documents with the USPTO, and follow their procedures for patent assignment. Consulting with an intellectual... Read more »
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answered on May 22, 2023
Engaging in the sale of counterfeit or fake products, such as claiming to sell fake AirPods that are not from Apple, can have severe legal consequences. Selling counterfeit items is generally considered trademark infringement and can result in civil lawsuits and potentially criminal charges. It is... Read more »
For example, material/manuscripts from obscure/ancient origins and unknown copyright.
Is it legally permissible to publish a translation of such works and state that the author is unknown?
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answered on May 16, 2023
Copyright Considerations: Copyright laws protect the rights of authors and creators of original works. However, if the author of a work is genuinely unknown, determining the copyright status can be challenging. Copyright protection typically lasts for a specific duration after the author's... Read more »
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answered on May 16, 2023
Using Creative Commons (CC) BY images for your social media accounts can be a great way to enhance your content. However, it's important to understand the specific terms and conditions of the CC BY license and follow them accordingly. Here are some key points to consider:
CC BY... Read more »
I started using the company name “Intentional Artists” and someone has a trademark that is “Intentional Artist” can they tell me not to use it Especially if it’s two different businesses?
I’m based in Los angeles, CA and my business is a artist agency - Their business is based... Read more »
answered on May 9, 2023
Likelihood of confusion exists between trademarks when s) the marks are so similar and b) the goods and/or services for which they are used are so related that consumers would mistakenly believe they come from the same source.
Because the marks are basically identical, the evaluation turns... Read more »
I started using the company name “Intentional Artists” and someone has a trademark that is “Intentional Artist” can they tell me not to use it Especially if it’s two different businesses?
I’m based in Los angeles, CA and my business is a artist agency - Their business is based... Read more »
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answered on May 9, 2023
Yes, it is possible for the owner of the trademark "Intentional Artist" to sue you for trademark infringement if they believe that your use of the similar name "Intentional Artists" is causing confusion among consumers.
Even though your businesses may be different in... Read more »
I started using the company name “Intentional Artists” and someone has a trademark that is “Intentional Artist” can they tell me not to use it Especially if it’s two different businesses?
I’m based in Los angeles, CA and my business is a artist agency - Their business is based... Read more »
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answered on May 22, 2023
Trademark law is complex and specific to each case. However, in general, if the trademarks are similar enough that they may cause confusion among consumers or create the perception of affiliation between the two businesses, it is possible for the owner of the existing trademark to claim trademark... Read more »
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answered on May 7, 2023
Yes, it is generally okay to sell your own card game alongside competitors' card games on your store page. As long as you are not infringing on any copyrights or trademarks of the competitors' games, you are free to offer them for sale. It is common for retailers to offer a variety of... Read more »
I would like to use the lotteria icons on balloons and computer accessories
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answered on May 3, 2023
It is important to note that trademarks are valuable assets and owners of such trademarks have the exclusive right to use and license the use of their marks. In the case of Loteria, it is a registered trademark owned by the Don Clemente, Inc. Therefore, the use of the Loteria trademark on your... Read more »
I was wondering about a very confusing situation for me. Say my DBA name is colorful tees(not real name) but the name is not trademarked. After searching Google, I found someone else is using it but it's named "Colorful Tees by Diane" I registered the website three years before this... Read more »
answered on May 2, 2023
A trademark is something that distinguishes the "source" of particular goods and services from other sellers. Generally, when a term used to market products or services merely describes those products or services, it fails to function as a trademark because it lacks distinctiveness.... Read more »
I was wondering about a very confusing situation for me. Say my DBA name is colorful tees(not real name) but the name is not trademarked. After searching Google, I found someone else is using it but it's named "Colorful Tees by Diane" I registered the website three years before this... Read more »
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answered on May 7, 2023
It may be possible to trademark the name "Colorful Tees" even though someone else is using a similar name with a different identifier. However, it's recommended to conduct a thorough trademark search to ensure that there are no conflicting trademarks before filing for your own... Read more »
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answered on Apr 30, 2023
The phrase "adventure awaits" is a common phrase that is not trademarked, so it is generally considered to be in the public domain and available for general use.
However, it's important to note that certain designs or graphics that are used in conjunction with the phrase may... Read more »
My late husband wrote a classic song back in the 1950s which continues to be played and was recently used in a movie. It has always been wrongfully credited to another author. I was left my husbands intellectual property rights. I know the statute of limitations has run for past damages for... Read more »
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answered on Apr 25, 2023
As the owner of your late husband's intellectual property rights, you may be able to claim ownership and seek compensation for any future use or infringement of the song.
While the statute of limitations may have expired for past damages, this does not necessarily preclude you from... Read more »
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