Consider consulting with a trademark attorney. The trademark attorney will intake the relevant facts such as the actual design and what the trademark is being used for – and then execute a search for you.
This answer includes generalizations and there are many caveats. This answer does...Read more »
If you repost your question under the Trademark section, you'll have better chances of getting a response. You're correct in that it is a business law matter, but trademark is a more accurate category for the issues that concern you here.
Would it further enhance my application to submit multiple specimens proving actual use of the mark? I have 5 services listed that are under the same class (009). The specimens would be screenshots, and I intended to attach the same 3 or 4 specimens to each service listed.
According to USPTO guidelines, when you are required to submit a specimen, you must submit one specimen for each class of goods or services in your application or registration maintenance filing. Since you may later be asked to submit additional specimens to properly examine your application or...Read more »
If the goods or services are identical or closely related, yes an examiner is likely to issue a 2(d) refusal for the mark based on the likelihood of confusion between the two. I would suggest contacting a trademark attorney who can do a comprehensive search for you so that you can build a...Read more »
I am a designer and what to create tshirts for women that say 'But...can you pay my bills, tho'?' or 'Can you pay my bills?'. It's for a line of clothing that I want to produce. Since it's a common phrase I figured it would not cause an issue but want to stay on... Read more »
There are a couple considerations for what you're trying to do but the main consideration is if you would be able to protect it even if you used it. You may be able to use the first phrase without infringing on Queen Bey but that doesn't mean someone else doesn't have a registration...Read more »
The use of Spock Media for an advertising agency is not per se impermissible due to preexisting trademark rights. However, there are 42 marks (live and dead) listed in the Trademark Office containing the word "spock" and in various Classes. As such, the mark may not be available for use....Read more »
There is a high probability that the mark will receive a 2(d) refusal for Class 9 because of likelihood of confusion. An examiner could also refuse to register the mark under Class 42 if it could be considered a related class for the registered mark. I would suggest enlisting the assistance of a...Read more »
For example, the trademark "TEES" is registered for "clothing, namely, towel shorts". Does this mean the trademark only applies for towel shorts and not t-shirts? Or is it always the whole class, no matter which items are explicitly listed?
Thank you for your help in advance and best regards!
An examining attorney is primarily going to look at the "likelihood of confusion" between the two marks and marks in the same class have a higher likelihood of confusion. Also, as a side note, if you're thinking of a mark for t-shirts that involves the word tees, you will want to...Read more »
The US is a "first to use" jurisdiction in terms of trademark registration and not a "first to register" jurisdiction. If you were first to use the name and the first to apply to register the name, potentially, you should speak with a trademark registration lawyer--and I'd...Read more »
I'd like to create an illustrated image, print it on t-shirts and sell it online. This image would contain the name "Lambo" (slang for Lamborghini) and car that would look similar to Lamborghini sports car. So basically it would be a bit different.
You need to consult an attorney before venturing into the use of Lamborghini logos. Lamborghini brand is very well known and they most probably have trademarks registered. There need to be a "likelihood of confusion" analysis done by an attorney hired by you before you even manufacture...Read more »
The image would be made by my graphic designer, so I would have his full permission to use it. But I am not sure, if that would be also alright with the Lamborghini company. There wouldn't be visible logo, just the car design.
Trademark applications for US registration are filed online via USPTO.org -- for a new registration, the costs are $275 per mark, per "class", plus whatever service fees your lawyer or service agency charges (if you choose to use assistance) -- It's possible to prepare the...Read more »
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.