Well, you don't. Trademark rights are acquired by use. A REGISTRATION is not the source of the trademark RIGHT, using a mark crates the right. So the fact that a registration is abandoned doesn't mean you can't acquire trademark rights, and you don't simply take over a dead application. I've...Read more »
I am getting ready to register my company name and logo as a trademark for use as a YouTube brand and on social media. If I want to also send out an e-newsletter for the brand or sell promotional items online with my registered logo on them (t-shirts, hats, mugs, journals, tote bags, etc.), Do I... Read more »
You should speak with a trademark attorney in private consultation. A trademark protects consumers from confusion as to the source and quality of a product or service, and trademarks are registered, therefore, for that purpose. In other words, it's your use of the trademark in interstate commerce...Read more »
I'm rebranding my graphic design business in Raleigh, NC and I've found the perfect name. However, the name is similar to another company's name; the only difference is my new name has an additional letter in it to distinguish it from this other company. My company would be registered as an LLC;... Read more »
Will the North Carolina Secretary of State accept your LLC's articles of organization if the name differs by only one letter from another entity also registered in North Carolina? Yes, the NC Secretary of State will permit registration so long as...Read more »
Creating a website that creates profit, however, I want to know if I'm able to use song titles without any of their physical content (for example without their lyrics or digital media). I only need the titles.
I want protection from others using it for any business. It's a name that will be focused on the marijuana industry with it's logo and brand on products such as clothing, glass, and other products and also online services.
With trademarks, the association between your mark and a PARTICULAR type of goods and/or services is a critical element. As such, you have to pick which particular goods and/or services you are going to use the mark with, and then actually use the mark in conjunction with the offering or sale of...Read more »
I want to sell a product but I'm really not sure the steps I should take. Should I trademark it first or...? I've tried googling it but I really don't know how all of this works on the legal side of things. I would appreciate any help I can get.
Before you even get to trademarks, you should be considering things like forming a business entity, getting a tax ID number, looking into state and local tax (sales tax, use tax, etc) issues, etc. You also need to consider contracts with stores or other sales channels, and if you haven't done so...Read more »
While I'm not exactly sure what the second part of your question is asking, a trademark filed with the USPTO will protect the LLC name if it is distinctive and unique, and that will apply nation-wide. Many local businesses don't opt for this level of protection if they only plan to operate...Read more »
Well, it sounds like you have not started using your mark in commerce, which is what is required to secure a priority date vs. another user. As such, if their mark is actually valid (federally registered marks are entitled to a presumption of validity, but that presumption can be overcome in...Read more »
I'm writing software that's named something similar to, but different from, "Jiffy" (the popcorn). I'd like to use an cartoon version of popcorn popping in a tin bubble for a stylistic effect as a logo. The software has nothing to do with food (popcorn or otherwise). It's just playing on the speed... Read more »
The key question is: will this cause consumer confusion?
This is a question that can only be answered by a judge, but an attorney can assist you. I am not your attorney, and this incredibly fact-specific question would require careful examination of facts outside of what is contained in...Read more »
I'm looking to start a clothing/skateboarding company. I came up with the name of "Scythe" , or maby "Scythe Skateboards". But I looked online and found that there's a musical band called "SCYTHE", apparently they trademarked it like a year or 2 ago. But I in no way had the intention to copy they... Read more »
For what reason? What are the facts? What is the context?
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