Get free answers to your Trademark legal questions from lawyers in your area.
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answered on Nov 29, 2023
Yes, you can trademark your music group's name even if it is already trademarked for other companies in non-music-related industries. Trademarks are granted within specific classes of goods and services. If your music group's name does not conflict with existing trademarks in the music... View More 
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answered on Nov 17, 2023
Yes, you can trademark your music group's name even if it's already trademarked in other, non-music-related industries. Trademarks are generally industry-specific, meaning the same name can be used in different industries without issue, as long as there's no likelihood of consumer... View More
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
Everything is hand drawn by me, and each custom order is an original design.
The design:
I've used one of the characters as a reference, and the movie poster image.
My version of one of the clowns is on the front, the shoulders have a pink that drips down the front and... View More
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answered on Sep 7, 2024
When creating and selling custom art that incorporates recognizable characters or elements from copyrighted movies, it’s important to consider the legal implications. Even if the artwork is hand-drawn and each design is unique, using characters or distinct elements like taglines from copyrighted... 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
answered on Jul 18, 2024
Some of the other considerations include: a) how similar the marks are, b) how similar the goods & services are, c) how distinctive their mark is; d) how long they have been using their mark; e) how long you have been using your mark; f) how long if at all their mark has been registered; g)... 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
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
Currently, I checked and the history remains cancelled with no other application.
answered on Jun 19, 2023
If your trademark was registered and then cancelled because the required renewal paperwork was not timely filed, then you will likely have to file a new application. There is a 2 month grace period after the cancellation notice is sent where you can attempt to revive the registration but after that... 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
answered on Apr 5, 2023
You need to conduct a copyright search to determine whether you are potentially infringing on Sinclair’s IP. You should also run a trademark knockout search to see whether your dinosaur is a registered or common law brand, or resembles one closely enough to create a “likelihood of confusion”... View More
That also sells skincare trademarked my brand name within their slogan. It is three words and the only difference in them is the words "of" & "and" ..would I be able to trademark my brand name?
answered on Mar 28, 2023
If you can show your brand was the first in the market for your products and related categories, you may be able to file a petition to cancel the other company’s trademark with USPTO, because federal trademark law grants legal ownership to the first to use the brand in commerce, not the first to... View More
answered on Mar 24, 2023
Maybe. You must consult with an attorney. The original owner may have rights to the brand.
A colleague (musician-turned-lawyer) and I have written a musical piece together. Can he himself represent the music legally and handle the copyright registration? He would also have to be the legal third-party regarding the publishing company. It seems to me this would all present a conflict of... View More
answered on Mar 10, 2023
If you and him are business partners, one may thing that their interests are aligned. However, it may not be the case for ever. It is a good practice to have independent counsel. Thereafter, you can make an informed decision as to who should be in charge of the legal aspects of the registration of... View More
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