Although titles of works are not copyrighted, the characters and other elements of the book may be, so steer clear of infringing them. The other consideration is whether the title -- even if not subject to copyright -- may be registered as a trademark. You should consult an experienced... Read more »

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2023

Using the same name for a sci-fi video game as an existing sci-fi book anthology could potentially lead to trademark infringement issues. It is important to conduct a thorough search to ensure that the name is not already trademarked for similar products or services. Even if the name is not... Read more »

This depends on a few factors. A trademark in-use application can cost $250-$350 depending on the form used by the USPTO, which is based on electronic correspondence and goods and services . An intent-to-use application has additional fees to show the mark is used in commerce after the initial... Read more »

Federal registration of a trademark used for a single type of goods or services, including the government filing fee and the assistance of a qualified attorney, will usually cost between $750 and $1000.

Hello, the answer to your question depends various other circumstances such as in which country you are seeking trademark protection, if you are willing to use the lawyer services or not, if you are going to do preliminary trademark search and so on. I advice you to contact IP lawyer and provide... Read more »

Attorney Spila's post is accurate. I would recommend consulting with an attorney to provide you an opinion and/or research whether the phrase you seek to trademark has already been claimed and/or what similarities there are. You can try looking at the site yourself however if there is a... Read more »

Dear Mrs or Mr,

yes, it is possible, but it depends on a few more variables. Trademark is always registered for a certain territory and certain goods or services. If the older quote trademark is registered for software for instance and your business is going to be about providing restaurant... Read more »

All jewelry is within International Class 014, except for toy jewelry which is in International Class 028 (toys and sporting goods).

Check the owner of the trademark and check if they have licensing programs

Sure, anyone can sue anyone else; so f you have $400,000 I am sure you can find a bunch of security lawyers willing to try to slay a giant. But you need to forget about "bribery" and "string-attached manipulation."

Trademarks (for goods) and service marks (for services) are used for identifying the "source" of the goods/services. Business names sometimes are referred to as trade names.

Your question is a little unclear. If you are asking whether a business name can also be used as a... Read more »

There would need to be a side by side comparison to know for sure.

Generally, one can commit trademark infringement if there is use of a mark where: (a) the mark is the same as -- or similar to -- another mark; and (b) that use will cause likelihood of confusion to a potential consumer,... Read more »

Sometimes the band will have their own website that will direct you where to ask for a license. Also you can go to the music publisher – depending – many times that is more for the music itself but they might overlap or direct you to the right person/lawyer in charge of selling the IP of the... Read more »

Probably not

Tania Maria Williams Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2020

The USPTO has the information for either the attorney of record or the mark owner in the TSDR (Trademark Status & Document Retrieval) info for the mark. You can reach out to the attorney or owner with an inquiry.

It would be a bad idea for me to guess what led to the abandonment and what response you filed. It would be a good idea for you to contact the USPTO help desk as they can look into the electronic file and let you know the next step.

You can call 571 272 4200 ( they have several phone... Read more »

It looks like "Lazy Bear Brewing Company" which is a similar trademark was issued in the U.S.

http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4808:za883w.2.1

There are many qualified attorneys on Justia who offer free consultations. Feel free to reach out to some to discuss your trademark.

Probably, yes. A primary element of trademark law is active use.

If the mark is abandoned (formally with the USPTO), then it's a pretty safe bet that you can use it without running into infringement issues--at least with respect to that registration. And assuming the mark is eligible... Read more »

Yes. There is a company called Delta that runs an airline, and a company called Delta that manufactures plumbing fixtures. Because the lines of business are so completely different, there is no possibility of confusion between the two. It gets trickier if there are possible areas of overlap, or... Read more »