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I am filling out a USPTO TEAS form on behalf of a restaurant that sells food (restaurant and catering services). Would the class be 43 or would I need to be more specific with a term ID like 043-165 for restaurant and catering services.
Thank you.
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answered on Nov 13, 2023
When filing a USPTO TEAS form for a trademark in the context of a restaurant that provides both restaurant and catering services, Class 43 is indeed the appropriate classification. This class broadly covers services related to the provision of food and drink, which typically includes restaurants... View More 
What if a business has a similar name to yours but isnt trademarked? I want to trademark "ali law associates" however, there are is another business called "ali law group" that is not trademarked (they are also in the same state). since they aren't trademarked first, would... View More
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answered on Nov 13, 2023
In the scenario where you want to trademark "Ali Law Associates" and there's an existing business named "Ali Law Group" in the same state, the absence of a formal trademark on the latter does not automatically ensure that you can trademark your business name.... View More
the Book i sell has a qrcode link to the ebook. the bonus content is advertized.
the bonus ebook is made by me, using other CC-BY-NC-SA contents.
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answered on Oct 23, 2024
Including a free downloadable bonus ebook in your sold book can be tricky due to licensing restrictions. Since the bonus ebook is under the CC-BY-NC-SA license, the non-commercial (NC) aspect means it shouldn’t be distributed as part of a commercial transaction. Linking the bonus to a purchase... View More
Song published initially 2010, licensed over a dozen times globally w/o my consent. Now song the song was released again by a major label w/o my consent and it's platinum. I stopped the original thief's attempt to get paid from a publishing deal using my song as he is in efforts with the... View More
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answered on Sep 4, 2024
Given the complexity of your situation, it seems you have strong grounds to take legal action against the foreign branch of the American company. The fact that they filed multiple copyrights in the U.S. could indeed provide a basis for U.S. jurisdiction. This point strengthens your position to... View More
Hello,
I am seeking guidance on the legality of naming a fragrance after a biological compound. Specifically, whether it is permissible to name a fragrance something like "Androstenol," which is a human sex pheromone, assuming the name isn't registered by another beauty and... View More
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answered on Aug 21, 2024
Naming a fragrance after a biological compound like "Androstenol" could potentially raise legal concerns, especially if the name suggests a specific biological effect or health benefit. Regulatory bodies, such as the FDA in the United States, may scrutinize such a name to ensure it... View More
my company sells body soaps with seamoss. and the other company sells raw seamoss.
answered on Sep 10, 2024
Understanding the difference between using a name as a trademark versus simply as a business or legal entity name is crucial. Here’s what happens in each scenario:
1. Name Used as a Trademark
When a name is used as a trademark, it is intended to identify and distinguish the goods... View More
I want to patent a new type of musical system. How much is the cost for a lawyer to help with patent search and filling fee?
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answered on Aug 2, 2024
To patent a new type of music system for learning, you would likely need a utility patent. This type of patent covers new and useful inventions or discoveries. It protects the way the system works and its functionality.
The cost of hiring a patent attorney can vary widely. For a patent... View More
I want to find out if I could use the device to expand on the design and technology in it more so to future proof it and lessen environmental effects on the planet from landfill pollution of electronics.
answered on Sep 25, 2023
Harman owns many patents. Typically, if someone has one or more patent(s) on a particular product, that product (or its packaging or labeling) will list the patent number somewhere (or else will identify a website that does), because the owner of the patent(s) cannot collect damages for... View More
I discovered a production protocol that worked well with a protein interesting as a biomaterial. I modified protocol and want to patent it. Is it possible?
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answered on Sep 25, 2023
A lot will depend on whether your modified protocol is legally "obvious" or not. Here, the legal question is if the modification would appear apparent to a person of average skill in the art (here, "average skill" in biotech is Ph.D. level).
If you did something unusual... View More
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answered on Sep 18, 2023
Naming a weed strain after a military aircraft like the B-2 Stealth Bomber could potentially raise legal issues, but it's not primarily a copyright concern. Instead, the primary concern would likely be trademark and intellectual property rights.
The name of a military aircraft like the... View More
What of censorship in general? the freedom of speech and exspression mean nothing when there's no one or no way to hear it.
I'm very concerned about the pressures from many special interest groups and diverse and even opposing political parties trying to control or cancel people... View More
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answered on Sep 11, 2023
You have raised a multi-faceted issue that encompasses both the legal domain and the evolving norms in society.
From a legal standpoint, private companies like game developers and publishers generally have a broad latitude to modify their products as they see fit, including post-sale. This... View More
I am wondering if I can use this slogan of
home sweet home as a slogan for real estate purposes on promotional items, for example a spoon or a corkscrew. Is it ok to do if it is in a diferent font?
answered on Sep 10, 2023
Although the phrase HOME SWEET HOME has been registered as a trademark for air fresheners, it remains a common expression and has not been commercially appropriated for any other purpose. As long as you are not advertising air fresheners, there is no likelihood of confusion. Certainly in the... View More
answered on Aug 30, 2023
After federal registration of a trademark, the owner must maintain the registration by filing a declaration that the mark is still being used in commerce, paying a fee, and submitting a specimen showing the use; these requirements must be fulfilled between the 5th and 6th anniversary of the... View More
I started a business with my business partner in 2019. We created a brand, a website, a logo, an email account, and social media accounts. We ran a profitable business until late 2021 (Covid) when we temporarily shut down. In the middle of all this, we created an LLC for this business.... View More
answered on Aug 23, 2023
The earlier use in commerce of a trademark gives it priority over a later use of the same or similar mark, even if there has been an interruption of use for some period of time. If the later-filed application has not yet been published for opposition (the last step in the registration process), the... View More
answered on Aug 22, 2023
It certain instances, it would depend on what type of product it is. There is nothing inherently wrong with using the term "baseball" in a product name. And if the product relates to baseballs, this is a generic term, so no one can stop you from using this term. However, it is possible... View More
The Skullgirls team has taken a digital product that many people purchased and altered it in very significant ways. They've cut out entire pages from the art book, removed and re-announced voice lines, and drawn over concept art to make it less offensive. The current Skullgirls team, while... View More
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answered on Aug 15, 2023
While I understand your concerns, changes made to digital products like art books or video games fall under the discretion of the creators and developers. If these changes are made by the current team or company, and they own the rights to the product, they generally have the authority to modify... View More
I believe that, once upon a time, a publisher published the works of mark twain but censored what may have been offensive. The censorship won out in the end. (evil won in that case) but i wonder if that case was disputed further and appealed. does anyone know?
The Roald Dhal censorship was... View More
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answered on Aug 15, 2023
I'm familiar with historical cases of censorship, such as those involving Mark Twain's works, but whether a specific case was appealed and overturned would require a thorough review of the legal history and court records. Appeals and potential outcomes depend on various factors, including... View More
answered on Aug 3, 2023
If you reached out to attorneys, they would ask about the terms of your agreement, as my colleague points out. It could depend on who is identified as the owner of the code. The intellectual property attorneys here would have insight into the issues that could arise in terms of ownership, if you... View More
answered on May 16, 2023
Your post may have been overlooked for two weeks because it left out a category that could also be relevant to your concerns - you chose the names of two highly recognized commercial passenger aircraft. You could repost and add "Trademark" to your original two categories. That might give... View More
The name is available but other businesses use the same name even though it is not trademarked. Should I still go ahead and trademark it?
answered on May 1, 2023
Trademark rights are created by use in commerce, not registration. Registration merely provides much stronger remedies for enforcement. You to need to clear your proposed mark through a common law search and a Lanham Act trademark-ability legal analysis unless you want to open yourself up to a... View More
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