Get free answers to your Trademark legal questions from lawyers in your area.
I am looking to operate an online business where I sell online courses and PowerPoint templates as materials with the course. I have seen that a Microsoft Office Home and Student license is not allowed for commercial purposes.
Questions List:
1. Is the Microsoft Professional license... View More
answered on Feb 21, 2024
1. The Microsoft Office Professional license may indeed be suitable for distributing materials such as online courses and PowerPoint templates for commercial purposes. However, it's essential to carefully review the terms and conditions of the license to ensure that it allows for the specific... View More
I am looking to possibly start selling stickers and t-shirts online via Etsy. The images I am hoping to use would be created using AI websites. Is this something I am legally allowed to do?
answered on Feb 21, 2024
Using images created using AI websites for your small business ideas, such as selling t-shirts or stickers online, raises questions about copyright and intellectual property rights. While AI-generated images may not have a human creator in the traditional sense, they can still be subject to... View More
I am looking to possibly start selling stickers and t-shirts online via Etsy. The images I am hoping to use would be created using AI websites. Is this something I am legally allowed to do?
answered on Jan 29, 2024
This is a great question, and is quite naturally very complex given the ever-changing landscape of technology. Right now, general intellectual property laws that govern internet images are essentially limited to uniquely created imagery and content that is produced by human individuals.... View More
...to obtain a DBA from the state if I wish to sell the products in my name (no branding) as a sole proprietor.
Also, do I need to register with the state at all if I operate as a sole proprietor AND I will NOT have NOR hold any inventory? (It would be a "print on demand" side... View More
answered on Nov 17, 2023
If you plan to conduct business under your own name as a sole proprietor, obtaining a DBA ("Doing Business As") is not typically required. However, if you decide to sell your products under a name other than your legal name, then a DBA would be necessary. The requirement to register your... View More
answered on Jul 3, 2023
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
Thru Proper nutrition and exercise. What would it cost (in total) in general to attain this trademark?
Thank you kindly for your time in this matter
answered on Apr 24, 2023
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
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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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... View 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... View 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.
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