Get free answers to your Trademark legal questions from lawyers in your area.
My partners and I have been following an abandoned trademark. When we were ready to take action, we found out another entity has submitted an initial application for said trademark. Can we still put in an application for this trademark? Does the fact of having created merchandise, logos, and... View More 
answered on Aug 21, 2017
When it comes to rights to use a particular trademark in conjunction with particular goods and/or services, the most important issue is the date that a party first used the mark in commerce in conjunction with the offering of those goods/services. Thus, the first to use the mark in commerce wins... View More
I am starting an online-marketplace platform for buyers and sellers. Giggle will mean - services offered by sellers. Is this a potential infringement?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2017
Based on the limited context that you've given it sounds dissimilar enough to not be infringement, but reasonable minds may differ and a much more thorough analysis would be necessary in order to guide you properly. You're best served by retaining an attorney who is experience (such as... View More
I just finished shooting a video with my friend and we're both minors. What release forms do I need and how/where can I get them?
answered on Aug 13, 2017
You may need a lawyer to draft such documents so that they're tailored to your needs. If you're a minor, then a parent may need to hire the lawyer for you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More
The First Sale Doctrine
The unauthorized use of another’s trademark is also permitted under the “first sale” doctrine. Under this doctrine a business that resells genuine, non-adulterated goods bearing a true mark cannot be held liable for trademark infringement, even if the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2017
Not unless you get permission. That's potentially trade dress infringement.
I saw it on a brand trademark I'm interested in purchasing one day.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2017
It literally means exactly what it says... But if you want further explanation please give the exact detailed context of where you saw that...
I ran a search in TESS for a stage name that I would like to use and came across a DEAD (since 2007) trademark for it under the IC 009 category. They were using it for a "series of musical recordings..." which is what I would like to use it for.
I have found the contact... View More
answered on Aug 7, 2017
You probably do not need anything from the original owner if the mark expired 10 years ago. Once a trademark expires, the registration terminates. The former owner no longer owns a federal registration. Although, there could be some other common law rights to the mark. To be certain the mark is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 31, 2017
The fee I charge is $2,000.00. There also is a USPTO filing fee for TEAS Plus is $225, so the total would be $2,225 and it is partially refundable if upon my search I deem that it is unlikely to proceed to registration of the trademark (there are some factors after the application is filed that... View More
WMAP RADIO - Trademark Details
Status: 641 - Non-Final Action - Mailed
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 31, 2017
It means your application was defective / rejected for some reason that they will inform you of via mail. You can correct the defects or whatever other issues they had and work with the examining attorney to hopefully get a mark published to the register. I'd be happy to assist if you like... View More
I know someone with the name sweetees that is running a tshirt business. I wanted to know if this is legal.
answered on Jul 25, 2017
You may face a challenge for IP violation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More
I ran a search in TESS for the stage name that I would like to use and came across a DEAD trademark under the IC 009 category. They were using it for a "series of musical recordings..." which is what I'd like to use it for, however it was filed in March 2006, and abandoned in April... View More
answered on Jul 25, 2017
You will need to conduct a search to see if the mark is still in use. A trademark may be still valid at common law despite being listed as "dead" at the USPTO. If the mark is in use you may contact the owner for permission to use it, via a transfer of rights or trademark license. If the... View More
answered on Jul 23, 2017
If you go to the Trademark Office and look up the mark, assuming it is registered at the USPTO, it will state who the owner of the mark is and you can write to them.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 17, 2017
Yes, but new registrant must tread carefully.
We have been selling a brand of ink and toner cartridges since January 2015. This year, a company from China decided to try and trademark our brand. We have never got around to filing the trademark as we were advised that it is not a requirement and that we still have full trademark rights if we... View More
answered on Jul 12, 2017
You may need to object to the trademark and contact the company to cease and desist from any IP infringement. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my... View More
I had tried selling a T shirt with the phrase " You're killin' me smalls" and I was reported for legal infringement of a trademark of "you're killing me smalls". Is that the same thing? I don't think killing and killin' is the same, is it?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2017
It's substantially similar and the context is the same... This most likely is infringement....
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2017
A Federal Trademark will offer you protection in the States that you do business in and the Madrid Protocol / System can protect you overseas since the U.S. is a signatory to that treaty. That said, the strength of your Trademark really depends upon how famous and recognizable it is in those... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2017
Yes, ever here of Ford?
Here's a question- A bunch of us worked at Eagle Comtronics (fact). We started a facebook group so that those that quit or got laid off can still keep in touch. (fact). We named the group Friends at Eagle Comtronics (fact). Can the owner of Eagle Comtronics threaten to sue us for using the... View More
answered on May 22, 2017
I don't hear an IP violation here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... View More
how can i go about it
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2017
Easiest thing would be to do a new application and explain in a note that you are reviving the cancelled one and either never discontinued use or discontinued use for a period but started using again. More specifics could be helpful and you can always look on the USPTO website which has a ton of... View More
i did not sign any release forms
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 10, 2017
Looks like a violation of your right to publicity and privacy, a violation of the following law
NY CLS Civ R § 50
NEW YORK CONSOLIDATED LAWS SERVICES
CIVIL RIGHTS LAW
ARTICLE 5. RIGHT OF PRIVACY
NY CLS Civ R § 50 (2000)
§ 50. Right of privacy... View More
I have a trademark for the same name and same class but different goods, the trademark is named "RapidEffects" it's for teeth whitening kits, and teeth whitening gel. The current registered trademark is for "Rapid Effects" it's for Conditioners; Hair care preparations;... View More
answered on May 5, 2017
It may be wise to be more creative to avoid possible IP infringement claims.
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View 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.
