answered on Jan 16, 2023
Use of trademarked and copywrited products and characters in other products for sale is not permitted and will subject you to possible lawsuits and damages which will include forfeiture of all profits from such sales, payment of attorney's fees and court costs, plus possible punitive or... Read more »
How much would that cost & what could be the time span...?
answered on Sep 18, 2022
Dear Mrs or Mr,
cost can be from 500$ per application filing for one class of goods or services (with an attorney) and a time of registration can be around 1 year if no objections from office or third parties are raised.
I have a phrase that I would like to trademark. How do I apply for a trademark?
answered on Apr 29, 2022
Many trademark are slogans or simple phrases, used to suggest properties of goods or services. If the proposed phrase is not confusingly similar to a mark already registered, and can be shown to be associated with your goods or services, it can probably be registered. Consult a competent... Read more »
I want to use the name for a sweatshirt Brand I’m thinking of starting and I looked up if the name is trademarked on Justia Trademarks and it says Status: 606 -Abandoned - No statement of use filed. Status date : 2020 -06-15
answered on Dec 5, 2021
The more appropriate place to be checking to see if a trademark might be valid to use would be the USPTO site, not Justia. I would advise doing a cursory search there first. However, this is just a preliminary step and would only pick up obvious instances of your proposed Mark being used. You... Read more »
Here is the article or document that offers details about the trademark. My last name is not common in the US nor around the world, I wonder how they got it and trademarked it.
answered on Oct 28, 2021
Are you talking about given name or surname. Under US trademark law, a mark which is “primarily merely a surname” cannot be protected as a trademark without proof that it has “acquired distinctiveness.” A mark is considered to be “primarily merely a surname” if its primary impact or... Read more »
answered on Aug 10, 2021
Its going to depend. You did not really provide any details. For example are they still using the mark?
Best bet would be to consult with an attorney
I'm also interested in the trademarked "TurboWash." It's a term for a feature of the LG company's washing machines. Could I use the term "Turbo Wash" [added a space between the words because I hope to use it in the novel that way] for an attack/ability that a... Read more »
answered on May 19, 2021
You should make an appointment with an attorney and contract for a consultation so you understand what you need to do. You should also have a business plan and budget legal support.
answered on Jul 23, 2020
Not necessarily as the owner may be still be using it and claiming common law rights or even excusable non-use prior to reapplying. Having a trademark search and legal analysis conducted should provide you with a much better idea though. Feel free to call or email with any further questions.
answered on Jul 11, 2020
Well, depending on when the mark was registered, it's either a Sec. 8 affidavit, which people often incorrectly refer to as 'renewals' or the combined Sec. 8/Sec. 9. Filing the initial Sec. 8 occurs between the 5th and 6th anniversary from the date of registration, while the Sec.... Read more »
I’m a independent cosmetic brand and skinlights is trademarked by Revlon.
answered on May 15, 2020
It depends on the use of the prior mark. If in a non-related channel of commerce where there is no likelihood of confusion, there could be some options for you.
Bill Hulsey / bill.hulsey@hulseyiplaw.com / 512-478-9190 / www.HulseyIPLaw.com
answered on May 1, 2020
What you will register with the USPTO is the actual mark you are using. By way of example, if your mark is "25 Peaches" for sunglasses, then that is what you get. However, if you are intending to have variations of the mark, such as "Twenty-Five Peaches," be part of your... Read more »
I am opening a designer gift wrapping business, where people have their gifts professionally wrapped. I would like to use licensed, real products like Harry Potter gift wrapping etc.
1. Does a store need a special agreement or license to sell trademarked goods?
2. Is it a trademark... Read more »
answered on Apr 26, 2020
This series of questions requires substantial counseling and a legal opinion. Great questions, but not the kind of questions whose answers will be posted on the Internet.
Happy to address these in a more formal and reliable setting.
I am creating an online course about selling on Amazon and my sharing my personal experience and tips to students. I do not sell any physical products that Amazon.com sells. I am only selling a digital product that I created on my own. The digital product is to educate other people how to start... Read more »
answered on Apr 10, 2020
That is the fastest way to get a complaint and maybe a proceeding that will take your domain name.
Try something else.
Consult an attorney.
I've been going through my old notebooks from when I was 7 (2007-2008), and there's a full 50 page on my own design and ideas for a cloud hosting service. I have flowcharts, pricing models, and even a market outlook.
answered on Mar 11, 2020
Lots of people dream up big ideas and never act on them, then someone else comes up with a similar idea on their own and implements it. What can you do about it? Nothing. Ideas can’t be patented, and if you fail to bring an idea to market or fruition as a product or service, you can’t claim the... Read more »
answered on Mar 4, 2020
It's going to depend on the actual mark, but "Howard" and "Bowie" themselves are weak marks and will likely not be granted a trademark. "Howard" is a common first and surname and "Bowie" is a location. The USPTO does not grant trademarks to generic or... Read more »
answered on Oct 23, 2019
If "Grind in Silence" is the name of company producing the t-shirt products which you wish consumers to associate with that term/name, you can contact a trademark attorney to discuss running a full clearance search prior to filing a an application for trademark application with the US... Read more »
I own a CBD brand and we sell terpene infused vape pen cartridges. One of our flavors is “Fruit Loops”. We own the image on our packaging but I’m curious if the use of the term violates any trademark/patents owned by Kellogg’s. Thanks so much!
answered on Nov 17, 2018
Almost certainly your use violates their trademark, and the penalties for exploiting their trademark for commercial gain to sell your product are severe (you not only pay all of their attorney's fees, but penalties and forfeiture of all profits earned as a result). Kellogg's will hire... Read more »
answered on Jun 29, 2018
Its never a good idea to completely ignore cease and desist letter. At the least, you should consult with an attorney on whether there is any merit to the letter. Doing nothing could make the situation worse by subjecting you to being accused of willfully infringing a trademark, which could... Read more »
They say they have one common word trademarked! HOW can this be, with that word, which is used by many.
Can we keep our non profit name?
answered on Apr 19, 2018
Have they actually filed suit (in which case, you are being sued), or did they merely send a threatening letter? I doubt you are in actual legal jeopardy of losing the word, “Heroes”, from you company name or losing a damage suit in court. My guess is that they are trying to scare you into... Read more »
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