I've had my business for over 20 yrs but only recently contacted an online legal services company about trademarking the name. A few weeks later that company contacted me by email informing me that someone else was applying to trademark the same name and if I did not respond in 2 days, they... View More 
answered on Dec 16, 2023
You should speak to a trademark attorney who can conduct a trademark search to see if someone else has already registered a trademark with the same or similar name with the USPTO in the same or similar class of goods. A trademark attorney or specialist can conduct a quick search to see if any marks... View More
I've had my business for over 20 yrs but only recently contacted an online legal services company about trademarking the name. A few weeks later that company contacted me by email informing me that someone else was applying to trademark the same name and if I did not respond in 2 days, they... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 16, 2023
You need to retain an experienced New Jersey law firm, that has an attorney who is highly experienced in not just trademarks but all intellectual property and also has an attorney that can help you set up the right corporate entities and contracts as well as show you want being a digital... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2023
On Monday, April 27, 2020, a trademark application was filed for ROWDY MERMAID with the United States Patent and Trademark Office. The USPTO has given the ROWDY MERMAID trademark a serial number of 88890277. The federal status of this trademark filing is REGISTERED as of Tuesday, June 22, 2021.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023
To determine if "The Rowdy Mermaid" is already a trademark for a store front, you should conduct a thorough search of the United States Patent and Trademark Office (USPTO) database and other relevant sources to check for existing registrations or pending applications. This will help you... View More
we will produce a hot sauce from Costa Rica made with actual Tabasco peppers. Can we say on the label "made with Tabasco peppers" or will we have problems with the Tabasco McIlhenny company? Thank you!
answered on May 15, 2023
No one can guarantee you that a company using the term "tabasco" as part of their name won't TRY to create "problems" for you. That said, it would be very difficult for any such company to prevent you from using the phrase "made with tabasco peppers," as... View More
we will produce a hot sauce from Costa Rica made with actual Tabasco peppers. Can we say on the label "made with Tabasco peppers" or will we have problems with the Tabasco McIlhenny company? Thank you!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2023
The term "Tabasco" is a registered trademark owned by the McIlhenny Company, specifically referring to their hot sauce brand. The use of the term "Tabasco" on your hot sauce label could potentially infringe upon their trademark rights. It is advisable to avoid using the term... View More
I make cups with bluey images on them. Are bluey images copyrighted?
answered on May 2, 2023
Generally, copyright belongs to the creator or author from the moment they create or author something, whether they register it or not, and you can only use something for commercial purposes if you created it, bought it, or "licensed" it. (There are some exceptions to the general rules,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023
The use of "Apollo" as a brand name will depend on various factors, including the nature of your business and the goods or services you offer. It's possible that the term "Apollo" is already registered as a trademark by another company in your industry, in which case you... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2023
NO you cannot do so. The name "Tater Tot" is a registered trademark of Ore-Ida. You would end up paying a significant sum of money since you would be infringement of their trademark. What you need to do is develop a business plan and a different name for your product that is catchy.... View More
Also includes the words "the new" at the beginning and the word "revue" at the end; (i.e, the new.......revue). As a tribute to the orginal activity, which is no longer in business, would this be an infringement issue?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2023
The first step in filing for copyright protection for an ongoing activity or event is to determine if the work is eligible for copyright protection. Generally, original works of authorship that are fixed in a tangible medium of expression are eligible for copyright protection. Once it is determined... View More
Also includes the words "the new" at the beginning and the word "revue" at the end; (i.e, the new.......revue). As a tribute to the orginal activity, which is no longer in business, would this be an infringement issue?
answered on Mar 13, 2023
It would not be infringing to use the name or trademark of a company that is no longer in business, and even if it were, the use would be "nominative fair use" which means you are simply naming it for identification purposes.
The title format "the new ... revue" could... View More
I’d like to start my own business selling dog bandanas with a scrunchie back rather than a knot, which I saw the idea from company Hunnypotpup. I also wanted to make matching scrunchies with it, which that idea comes from the Foggy dog. I believe they are both trademarked. Is it legal to use both... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 28, 2023
Here are some general points to consider based on your description:
Trademark vs. Copyright vs. Patent:
Trademark protects brand names, logos, and other brand identifiers from being used by others. It doesn't protect the idea or concept itself.
Copyright protects... View More
I received a letter regarding trademark infringement for a product that i have been selling for years with the same product name, i noticed that the trademark was filed recently although the company that sent the letter claims they have been using the name for years
answered on Sep 1, 2022
Dear Mr or Mrs,
the proper answer for you would depend on further information you would need to provide such as the content of the letter, segment of products, registered trademark goods/services and so on. Also some evidence of you selling the products with this trademark would also help... View More
There is a skincare and tech company that use the word MERAKI and I’m planning to use the same word for my clothing brand. Is that considered copyright. I have a different logo though
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2022
First, your issue falls under trademark rather than copyright. Second, why do you want to use a word associated with an existing company? You may be able to obtain a mark due to your logo, but it is not the best approach. You should strive to come-up with a unique name for your company and/or... View More
I am a small business wellness consulting company providing services to non-profit and health care organizations and I would like to know what terms should be included in my contracts? Additionally, are there any pro-bono resources that can assist with this? Thank you!
answered on May 2, 2022
You can begin to understand the basic components of a contract here:
https://www.contractstandards.com/public#contracts
Choosing among clauses, authoring the right clauses, and assembling a contract that makes sense for you is the job of an attorney. It is a skill and an art, and... View More
answered on Feb 21, 2022
In the United States, cancellation could happen for a variety of reasons. The most common ones are (1) Failure to renew it; (2) Failure to file an statement of use after filing an intent-to-use application; (3) Non-use at the time of the application (where the application was based on an existing... View More
answered on Jan 19, 2022
Trademarks are "owned" as intangible property by the person or business using them in commerce to identify the source of the goods or services. If the trademark owner sells its business, the trademark rights are generally transferred to the buyer as "goodwill" along with the... View More
answered on Dec 22, 2021
Check with the registered owner in the database.
Consult with an attorney.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2021
Determining whether a trademark exists is not so simple. You really need to meet with an intellectual property attorney and you also need to have the correct corporate entities in place to protect you and your business against personal liability. You also need to have all your intellectual property... View More
To renew and transfer the trademark.
What can I do to accomplish this
answered on Aug 12, 2021
You need to consult with an attorney and file a new application
Best luck!
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.
