Get free answers to your Trademark legal questions from lawyers in your area.
I am looking to start a brand, I had started searching through trademarks and found one similar but I have some different design ideas. The owner of mark has been mailed abandonment and things along the lines of that. How do I know if I can start making stuff?
answered on Aug 15, 2021
You need to consult with an attorney to evaluate your options.
I just decided to trademark it and come to find out it already is. I sell clothing and they are a record brand/DJ.
answered on Jul 30, 2021
Your business name is not necessarily your trademark. Even if it is, it is not confusingly similar to theirs. So you can still register it as your trademark. Confusingly similar means that consumers would not assume that the clothing you are selling is from them because the record industry is... View More 
answered on Jun 16, 2021
First of all.. I wish they kept airing episodes!
It might be trademarked. You might not get a hit off a basic word mark search through the USPTO and need an attorney to do a TESS search (they arn't easy--one of the reasons why people hire attorneys)
There might also be... View More
Example:
If I wanted to use the business name “The Fatherhood Project”
The word “Fatherhood” is already trademarked by another company.
Same target audience, different products.
Is this acceptable?
answered on Mar 21, 2021
A trademark should not be used if it is confusingly similar to another existing trademark in use for the same or related class of good or services. Using the same dominant term as another similar trademark may be refused for registration due to likelihood of confusion and may also be deemed... View More
The 1968 film "Night of the Living Dead" wasn't properly trademarked due to an error and ended up in the Public Domain. Various Comic book Characters from the Golden Age of Comics in the 1930s and 1940s also entered the public domain when their publishers went out of business. I just... View More
answered on Mar 12, 2021
First, be generally aware there is a difference between 'registered' copyrighted works, works protected by copyright, and works with expired copyright protections, and 'works' without copyright protection.
Second, intellectual property is quite a bit like any other type... View More
I wanted to know if I could use it as an artist even though they use it for a line for their clothing. Does the fact that I'm not selling jeans with it make it ok?
answered on Jan 14, 2021
Maybe yes, maybe no. The trademark world is divided into 45 different categories (also known as classes). Each class represents a different group of goods or services. If Levi's has the name Denizen trademarked for jeans then they likely have a trademark in class 025 (the class for clothing).... View More
For example making a Boy Mom Vinyl Decal
answered on Jan 12, 2021
Your question is not clear. Are you asking whether your product is infringing upon another party's trademark registration if it is the same type of product?
Or are you asking whether your own registered trademark is being infringed upon by someone else's product or service?
I am a US resident and need to protect my US registered trademark in Australia. I found that someone has stolen my mark and is using it for the same class of products as my brand. Could I use an Australian virtual mailing address to register my mark? On their trademark website, ipaustralia.gov.au,... View More
answered on Sep 23, 2020
Without knowing other key details here, I believe you should be able to do so. But registering your trademark after infringement may impact your claim for damages or injunctive relief. Feel free to reach out to me with any more questions!
The name of my business is GOAT Nails and I am wanting to make sure it is ok for me to use the acronym G.O.A.T.throughout my website.
answered on Aug 5, 2020
Interesting question - I would have thought that G.O.A.T. (greatest of all time) would be too generic to trademark, but I see that some people have successfully done it. You should check the TESS database (tess2.uspto.gov) to search for all of the US registered trademarks with the word GOAT in... View More
602 - Abandoned-Failure To Respond Or Late Response is the staus of a trademark I want to purchase, can I still purchase it?
answered on Jul 31, 2020
A business typically acquires rights to a trademark based on usage. Even if the trademark is abandoned it may still be in use. If by purchasing the trademark you mean registering it, then prior to doing so, work with a trademark attorney to assist you with clearing the trademark to ensure that the... View More
Putting my trademark on these items for my conference
answered on Jun 11, 2020
If you are referring to the federal trademark registration process, then as a part of the application process, you will have to select the applicable classes (clothing, accessories, etc) in which you use or will use the trademark. It is best to work with a trademark attorney to guide you in this... View More
I would like to use the old English "D" with a variation for a 501(C)3 veterans hockey logo. My modification to the "D" is a helmet hanging off of it covering part of the "D" but the "D" is still very visible. Is this trademark infringement?
Thank you for your time.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 27, 2020
It would depend on what the company has registered but you can probably do a more stylized "D" with the helmet and be able to protect the design mark.
I was hired by a publisher to write a non-fiction book on a very popular television show where I discuss the history of the show, the themes, the characters and provide my opinion on each of the series episodes. Publisher states because I'm providing an opinion there is absolutely no copyright... View More
answered on Sep 18, 2019
Your concerns are valid. You should consider seriously getting permission. Make sure the hiring party give you a contract where they take full responsibility or liability. Consult with an attorney before doing anything.
answered on Sep 11, 2019
It would take about six months.
Cost will vary but expect to spend around $1,000 to $1,500
We will need to make some searches to make sure the brand is not taken, and will not conflict.
Let me know at brianrmccaughrin@gmail.com
their wording is registered and my words are arranged differently and missing a word the registered TM has. I also have a distant design for mine and its in use and printed on many things. How will I go about TM my design? Is it possible?
answered on Apr 29, 2019
The question is whether there is a likelihood of confusion. If the designs would cause confusion to a consumer on the source of the product, then it can't be registered as a trademark.
If you are interested in registering your trademark, you may schedule a free intro call with me at... View More
Krimminall23@gmail.com is my email address
answered on Apr 24, 2019
You'll need to file a new registration application with the USPTO. If you need assistance, feel free to email me at: Jason@altviewlawgroup.com
answered on Mar 15, 2019
you need an attorney to do a number of searches on the mark.
It includes not only the name itself, but variations, and even translations in different languages as it may be used that way by other owners.
make and appointment to have a better evaluation of your chances and strategy... View More
What are my options?
answered on Jun 7, 2018
Not necessarily. An abandoned could be revived, and could already or still be in use in commerce so is not necessarily available for use https://www.uspto.gov/trademark/laws-regulations/overview-final-rule-revivals-reinstatements-and-petitions-director
answered on May 2, 2018
It depends on the context you plan to use the phrase in, what is claimed in the trademark application, and how the other party is using the phrase. An attorney would need to review all the facts to answer this question.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
