If somebody already owns and has registered the trademark you want, then you will have to purchase the trademark from the owner, who then assigns it to you under the purchase contract; or you can lease the use of the trademark from the owner.

If the trademark you want to use is not... View More

In order to find out if you are able to receive a license to use someone else's trademark or make an offer to buy a transfer you should contact a trademark attorney. If the parties mutually agree in the transfer an assignment will need to be filed with the USPTO.

If you would like to... View More

The law prevents attorneys from "price fixing" or agreeing to charge a uniform fee for services so this is not the place to get an answer on fees. That said, I can understand your desire to get a sense of what costs might be involved before you retain an attorney. Some firms might... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

The cost of obtaining a trademark for "Train Like A Freak" would depend on various factors, such as whether you hire an attorney or file the application yourself, the number of classes of goods or services you apply for, and the potential challenges or oppositions to your application.... View More

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... View More

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.

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... View More

You probably should not do it.

Jim Boness Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

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... View More

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

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.

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.

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.... View More

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

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... View More

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.

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.

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... View More

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... View More