Get free answers to your Trademark legal questions from lawyers in your area.
Even though you can't physically see air, it is composed of several components that it's created from such as nitrogen and oxygen.
answered on Jan 22, 2020
You cannot claim something natural. It has to be manmade.
You can claim a machine or device that uses air. For instance, a hot air balloon.
answered on Dec 8, 2019
Hi Vasyl I’d be happy to help. Email when you have a moment and we can discuss: jason@altviewlawgroup.com
I’ve had the name longer but they’ve used it first in commerce and it is Not registered
answered on Nov 25, 2019
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... View 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.
I wrote to... View More
answered on Oct 16, 2019
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... View More
606 - Abandoned - No Statement Of Use Filed
answered on Sep 18, 2019
It means that the application was approved, and the applicant had to submit proof of use. A picture of the product or service using the mark. Because of that the application was abandoned, it is dead.
If it was you, you have to start from zero. Contact me if you need help.
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.
answered on Sep 11, 2019
It is not legal, even with the permission of your graphic designer, since the owner of such design is Lamborghini. You may want to ask permission to the owner directly.
This is from their website: https://www.lamborghini.com/en-en/privacy-legal
Always consult with an attorney... View More
Sir, would you tell me the process for getting trademark, and required documents. and how much time it take to get it.
answered on Aug 5, 2019
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... View More
The word is (Lyoko) and is part of the trademarked phrase "Code Lyoko". The trademark for Code Lyoko does not include music production or releases, so does this mean I would be okay because it's a different industry?
answered on Jul 29, 2019
Your best bet is to come up with a name or brand this is totally unique and original. However, you should discuss your proposed trademark with a knowledgeable trademark attorney.
Most trademark attorneys practice nationally, so you should feel free to discuss your artist name with an... View More
answered on May 28, 2019
Trademarks indicate to the public the source of a product or service. So, if your business is associated with a product or service then yes. If it's only a business name, no.
We are being challenged by a company that says they have trademarked (status 700) the name we are using as well. We offer different services and the website uses .us not .com. What options do we have?
answered on May 28, 2019
You will need a consultation. click the link to schedule https://calendly.com/ahajiamospllc/15min
I want to sell a wooden box that is similar to a competitor. It will be pretty built pretty much the same as the competitors. (the box has a base connected to it I want to use in mine). I will use different card designs, stain color, wood, and metal label.
I was told the appearance of a... View More
answered on Apr 23, 2019
The appearance of a product can be a type of "mark" called a trade dress. Trade dress is concerned with the promotional aspects, or image, of a product or service that makes the presentation of the product or service distinctive. Trade dress does not apply to any aspect that is purely... View More
The word im planning to file for trademark is not generic word. It is a made up word but can only be found on urbandictionary.com. But I already have the .com domain name of it.
I am US military veteran, is there a cheaper way to file the trademark beside https://www.uspto.gov?
answered on Apr 4, 2019
The USPTO doesn't offer discounted fees for vets, sorry. As for filing, you'll need to carefully evaluate what products or services you will be selling. Merely having a user name on social media, without selling products that bear the mark, will not be sufficient.
answered on Mar 22, 2019
Correction or change in ownership of a mark is done with a document called an assignment. If there is a co-owner of the mark and you're on good terms with them, have a lawyer prepare an assignment for them to sign, and then record that document with the state or the USPTO (wherever your mark... View More
Or should it be under a copyright. It is for a clothing line.
answered on Mar 19, 2019
Most likely both
depending on what it is and the objective of the patterns and design
Think Louis Vuitton, where the pattern is used as a trademark, but it is also a design copyright, protection
make an appointment to understand your options
The company that is trying to register the brand is overseas and have the same name as the brand we currently hold.
We registered this in 2016 and is currently active.
They have filed it in February 2019 and it is currently pending. We just saw that they had a similar trademark from... View More
answered on Feb 21, 2019
I assume it is in the USPTO.
If so, it is possible, if the class of usage is the same as yours, that it will be refused by the office.
If it is not, you can file protests and oppositions to the application.
You have a limited window to do this so contact an attorney, me,... View More
Good day!
I am writing a recipe book for cooking various dishes using a slow cooker and pressure cooker. One of the registered TM of these devices is called “Instant Pot”. I want to use the "Instant Pot" in the title on the cover of the book. But “Instant Pot” is a... View More
answered on Feb 5, 2019
You should definitely ask for permission.
It is possible that they will come after you and stop you from using that name.
You can consider other alternative names.
If you contact them, it may be possible they grant you the right to use the name, and you should consider... View More
I am looking to open a Game of Thrones pop up bar in NYC. I would like to be able to have it be a Game of Thrones bar, versus a Game of Thrones inspired bar because of the trademarking.
answered on Jan 31, 2019
I would start with HBO's licensing & retail department. A Google search should point you in the right direction. My firm handles these kinds of deals regularly - if you would like assistance, feel free to email me at: Jason@altviewlawgroup.com
Trademark law
answered on Jan 7, 2019
See: https://smallbusiness.chron.com/legal-trademark-persons-name-61523.html
Also, be wary of false advertising, e.g., misleading the public about being a doctor.
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial... View More
The music is from two 1961 episodes of The Twilight Zone that were scored by composer Jerry Goldsmith. How would I go about getting the rights to use that music in a short film I am working on? Would this even be possible? Any idea of what it would cost? Thanks!
answered on Jan 2, 2019
To use copyrighted material, one would need to find out who owns the copyright and contact them for a license. But you'd also need to determine whether your use qualifies as "fair use". More details are necessary to provide a professional analysis of your issue. The best first step... View More
They have used my TM in their highly profitable cartoon and refuse to remove it claiming freedom of expression rights over my TM rights. However, according to the Lanham Act, the manner in which they are using it violates my rights. They've threatened to sue me in court if they win.
answered on Oct 20, 2018
Wow! It sounds like you actually have valid trademark infringement case against Netflix. This is big time. If you do have a registered trademark and the use of the trademark infringes your trademark, you are on the side of the angels. In certain trademark infringement cases, monetary relief... View More
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