Get free answers to your Trademark legal questions from lawyers in your area.
I want to use the idea of a brand's logo on apparel that I plan to sell. I intend to change only the wording, not the design or brand elements. Is that legally permissible, and what potential issues should I be aware of?
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answered on Mar 7, 2025
Most likely if the logo is attractive, the company has established common law trade dress protection for its overall appearance. Just changing the words without changing the design could infringe on the trade dress rights and lead to a lawsuit.
I want to use the idea of a brand's logo on apparel that I plan to sell. I intend to change only the wording, not the design or brand elements. Is that legally permissible, and what potential issues should I be aware of?
answered on Mar 7, 2025
Using the idea of a brand’s logo while only changing the wording presents significant legal risks, primarily concerning trademark and copyright laws. Even if you alter the text, the overall design may still be considered too similar to the original brand’s logo, leading to potential legal... View More 
I would like to trademark my personal name, which I use for my doula services and products. I operate with a specific logo that incorporates my name. The services and products are provided in both local and potentially nationwide markets. How can I proceed with trademarking my name?
answered on Feb 20, 2025
You can trademark your business logo to protect your trademark and business. To do this you must file a trademark application with the USPTO. If your mark is already in-use you can file a In-Use application, otherwise you can file an intent to use application. It is recommended to work with a... View More
I would like to trademark my personal name, which I use for my doula services and products. I operate with a specific logo that incorporates my name. The services and products are provided in both local and potentially nationwide markets. How can I proceed with trademarking my name?
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answered on Feb 20, 2025
Trademarking your personal name for doula services involves showing that your name functions as a brand identifier rather than just a personal identifier. By conducting a proper search, filing in the correct class with the correct basis, and preparing to demonstrate secondary meaning if necessary,... 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
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
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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
sunshine character, using the same colors. Is that legal?
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answered on Nov 24, 2024
You have to be more specific because you have not provided enough facts to enable any attorney to provide a meaningful response and guide you accordingly. Good luck.
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
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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
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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
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
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
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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?
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 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
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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!
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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.
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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
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