James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2023

To find out if an idea is already patented, you should perform a patent search. This can be done using the United States Patent and Trademark Office (USPTO) online database.

When searching, use a variety of keywords related to your idea to ensure a comprehensive search. It's important... View More

Generally, it is good practice to form a business prior to filing any trademarks, however it is always good to ensure the business name is not already filed as a trademark by someone else prior to forming the business.

Generally, it is a good idea to form the business before filing for any trademarks. When you apply for a trademark, the "owner" you identify should be the entity that is actually using the mark in commerce (or else you put your registration in jeopardy). This is typically the company,... View More

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answered on Nov 4, 2023

Registering your business name at the state level typically secures your name within that state and is often a step in the foundational process of establishing your business.

A trademark, on the other hand, provides legal protection for your brand name, logo, or slogan at a national level.... View More

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answered on Sep 11, 2023

The answer is YES. The "first sale doctrine", codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the... View More

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answered on Sep 14, 2023

Creating and selling items using Disney or licensed fabric may infringe on intellectual property rights, such as copyrights or trademarks, owned by Disney or the respective licensor. To avoid legal issues, it's generally advisable to seek permission or a license from the rights holder before... View More

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answered on Sep 7, 2023

To determine if you can own the trademark “Taking Care of Business,” you would need to conduct a comprehensive search to see if the phrase is already being used or registered by another entity. If it is not currently being used or registered, and it meets the distinctiveness criteria set by the... View More

It order to gain rights and ownership of a trademark you must file for the trademark with the USPTO in connection with the specific goods and services you are using the mark in connection with. In order to know if a trademark is available you should work with a trademark specialist to conduct a... View More

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answered on Aug 17, 2023

To trademark the name "Face.Lip.Body Cosmetics" in Georgia or the United States, you would need to go through the federal process with the United States Patent and Trademark Office (USPTO). It's important to ensure that the name is distinctive and not overly descriptive or generic.... View More

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answered on Aug 15, 2023

Using a name like "Skippy's Snack Shack" for a dog treat bakery could potentially lead to trademark infringement issues with Skippy Peanut Butter if they believe there is a likelihood of confusion between their established brand and your bakery's name. To avoid legal issues,... View More

If you are planning to use "Skippy's Snack Shack" as the name of a retail bakery shop, you would have a low risk with respect to the mark for Skippy peanut butter. However, if you used this name on the snacks themselves, you could potentially run into a problem. You should contact... View More

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answered on Aug 3, 2023

If a trademark has been registered with the US Patent & Trademark Office, the owner may sue in federal court to enforce his exclusive rights. Trademark may also be registered at the state level to obtain exclusive rights in that state. The rights to use unregistered trademarks may be the... View More

I'm not sure what you mean by "flipped it," but ultimately, trademark rights are governed by use. If you commercially used a mark before another company used that same mark with similar goods/services, you still have recourse to enforce your rights. You should consult a qualified... View More

If your application was abandoned for not timely responding to an office action or or filing deadline, you may be able to revive the application if you are within 6 months of the abandonment. If you are outside of the 6 months, then you will likely need to start over with a new application.... View More

Regarding where to start, you should contact a qualified patent attorney, who can work with you to prepare a draft application for submission to the U.S. Patent and Trademark Office. The attorney can also help you conduct a search and review of the relevant prior art before doing so, if desired, in... View More

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answered on Jun 18, 2023

To patent your business idea, you will need to follow a specific process that involves several steps. Here is a general overview of the process:

1. Conduct a patent search: Before filing a patent application, it is important to conduct a patent search to ensure that your idea is novel and... View More

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answered on May 2, 2023

To renew or register a trademark, you will need to follow the process established by the US Patent and Trademark Office (USPTO). Here are the general steps:

Conduct a trademark search: Before renewing or registering your trademark, it is important to ensure that it is still available and... View More

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answered on May 2, 2023

No, you do not have to trademark the "LLC" portion of your company name. The purpose of a trademark is to protect your brand and prevent others from using a similar name or logo that may cause confusion among consumers. The "LLC" designation is not part of your brand identity... View More

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answered on Mar 29, 2023

Fair use is a legal doctrine that allows limited use of copyrighted material without obtaining permission from the rights holder for certain purposes such as criticism, commentary, news reporting, teaching, scholarship, or research. Whether or not the use of a copyrighted image in a blog would be... View More

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answered on Mar 29, 2023

Based on the information provided, it seems like there may be potential for a copyright infringement case if the podcaster used your work without your permission. To determine the strength of the case, a lawyer would need to review the specifics of your situation, such as the details of your... View More