Trademark registrations are cancelled in most instances due to the failure of its owner to file with the USPTO a statement of continuing use. These maintenance filings are due in the fifth year after registration and in the ninth year to renew for another ten year term.
Artwork and typography are usually protected by copyright law. And brands (company names and logos) are protected through trademark law. The answer to your question should start with figuring out who owns the rights to the image or trademark that you want to use.
I can only guess, based on information provided, that you mean trademarked logo and not patented logo. If this is the case, no you can not use trademark of someone else to create your own product. It could be copyright or trademark infringement. However for more complete answer you should seek a...Read more »
Starting a business to sell hemp-derived CBD products. All products .3% or under. We would also sell non-hemp CBD products. We are not looking to trademark any specific item, just the name of the company and logo which will appear on all items.
There are several pitfalls in registering trademarks for CBD products. One factor is the type of products and services for which you want to register your mark. The 0.3% disclaimer usually overcomes the objections for smoking products. There are additional rules for edible and topical products....Read more »
I invented this word back in 2005 as part of my non profit, Da Jesus Factory and outreach ministry slogan. Where P.E.A.C.E. IS Godufactured 24/7. I recently discovered that someone attempted to get a trademark for it but it appears it failed. Is it possible for me to obtain a trademark for it now.
You should consult a trademark attorney to see if the mark is in fact "suspended," and if so, for what reason(s) is the mark suspended. There can be a number of reasons why this could be the case, some would enable you to refile for the same mark, and others not so much.
It sounds like you want to use it with your brand. If that is the case, then it would be a trademark. It's best to hire a trademark attorney to do a comprehensive search. While that slogan may not be trademarked, there may be one that is so close to it that it causes confusion in the...Read more »
Well, assuming the grace period has already expired and there's no common law use or federal registrations/pending applications for anything identical or similar then you could attempt to register the mark. I'd recommend hiring a trademark attorney to search both the USPTO records and...Read more »
One can commit trademark infringement if there is use of a mark where: (a) the mark is the same as -- or similar to -- another mark; and (b) that use will cause likelihood of confusion to a potential consumer, that both marks are indicating a common source of the goods/services.
I reshared a video on social media urging people to request proclamations for "chronic disease day" another non profit originally created the day, the logo was trademarked but that logo was not used just the phrase "Chronic Disease Day". Are they able to claim these rights? On... Read more »
Yours is a complicated question as to what the originator of the "day" has registered and would want to protect. It would be best to work with a trademark attorney to understand what is the effect of the registrant's disclaimer.
I believe there is an official "Black Lives Matter" group. See: https://blacklivesmatter.com/contact/ There are also a number of applications pending with the USPTO that could be relevant. Check with the BLM group about the best way to proceed with your idea.
My business name was published as of April 2020 but now I have finally designed the actual logo with pictures and the business name. Can I request modification of my trademark to now include the design? Is that considered a section7 filing?
There is no "reinstatement." You'll have to complete and file a new Registration Application and go through the normal registration process. If you need assistance, feel free to email me at: email@example.com
If you're merely trying to protect the design on the shirt, then you'll want to register it for copyright with the US Copyright office. If however, the design is actually the name of your brand, then you'll want to register that brand name for trademark.
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.