Get free answers to your Trademark legal questions from lawyers in your area.
The cease and dissist letter stated, since we are using the word Eden in our name they want us to abandon our trademark, or they will take legal action. As I have stated, we Trademarked the name back to Edens herbs shop and theirs is Edens food. Is this legal?
answered on Aug 31, 2022
Unfortunately, it is not possible to provide a meaningful answer to this question without having much more information. Generally speaking, goods/services do not have to be the same for a trademark infringement to occur so if that herbs shop sells edible herbs, that may be a problem. But the... View More 
"Elf Bar" Trademark. Is this updated? Is this trademark currently taken?
answered on Jun 12, 2022
There is no existing registration for ELF BAR, in any class of goods or services.
There is a pending application to register ELFBAR (and design) for electronic cigarettes and related goods, based on use since Feb 2022; and another pending application to register ELFBAR BC5000 also for... View More
This may be a complex question, but I am trying to figure out the right way to ask.
Lets say I legally research & purchase a dead trademark and/or copyright today. Pretend it is an old obsolete cereal & the purchased logo & word is (Dazzlecorn).
Now I want the domain... View More
answered on Jan 21, 2022
A trademark registration might have expired or been cancelled, but the owner might still have valid rights in the mark unless the owner has "abandoned" the mark. If another person begins using it, the owner can claim infringement. Whether the mark was abandoned would be determined by... View More
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answered on Nov 16, 2021
If the previous owner is not still using the mark (a mark does not have to be federally registered to stop your registration), or if the trademark was not abandoned due to opposition by a 3rd party (who may turn around and oppose your use), or if no one is currently trying to register the mark (the... View More
Can I get in trouble for selling them.
answered on Jul 1, 2021
Very possible.
Reselling a product with another person's brand for commercial purposes can be infringing.
Consult with an attorney.
answered on Mar 23, 2021
Trademarks do not pass into "common use" unless the owner has stopped using the trademark and abandoned it with no intent to resume. A trademark registration is not required to have rights in a trademark, and even if a registration expires, the trademark owner retains rights in the mark... View More
answered on Dec 30, 2020
You should consult with an attorney for a search and assesment of your risks.
In most cases your brand is the only asset your business has.
Protect it.
Edited details. Didn't know it was shown on public forum.
answered on Dec 22, 2020
You can reach out to a trademark lawyer on this site or search for one on another site. I would be more than happy to give you a quote for trademark registration services.
answered on Oct 5, 2020
Not necessarily. A trademark that is shown as being abandoned on the Trademark Office's website can still theoretically be used by the owner. Consult a trademark attorney to do a proper trademark search and give you an opinion on moving forward.
What can I do to protect my work from others trying to reduplicate it without my permission ?
answered on Aug 2, 2020
Copyright protects original works of authorship. In cases of original works, copyright registration would provide notice to others that your work is protected by copyright and that you are the copyright owner.
If I trademarked a word like Spider-Man (Which is trademarked to Marvel, just using it as an example), will that also trademark the name Spiderman, Spider Man, or any other variation of. Thanks!
answered on Jul 15, 2020
Trademark infringement is based on – at least partially because there is more than one factor -- the similarity of the marks – where the marks do not need to be exactly the same to be considered similar. This can be sound alike or look alike – and other elements of similarity.
This... View More
begun using it in the same class? Is there a period of time after which a trademark is listed as abandoned or dead that it is ok to beging using it?
answered on Jun 28, 2020
Generally, trademark rights are based on use. Using a mark gives common law rights to the user of a trademark. Registering a trademark with the federal government will give extra rights in addition to the common law rights. Therefore, even if a trademark does not have an active registration,... View More
answered on Jun 27, 2020
Just because a trademark registration has a status of abandoned, does not mean that the trademark owner stopped using the mark or that someone else has not started using the mark in the same or related class.
answered on Jun 25, 2020
Names are not patentable or copyrightable. In most cases, not trademarkable either. Use the Find a Lawyer tab to consult a local intellectual property attorney to review with you.
If i go to Starbucks and purchase a reusable cup, am I legally allowed to go home, personalize it with a name or decoration and resell it? I’ve read several things, such as the “first sale doctrine”, and that leads me to believe that this is legal as long as I am not reproducing the logo or... View More
answered on Jun 6, 2020
When you buy the cup, you own the cup, but you do not own the copyright rights associated with the logo. Your additions could be considered as creating a derivative work without the copyright owner's permission. Also, you would be infringing upon the trademark, and, since Starbucks mark is... View More
E commerce seller with business. Wants to sell dumbbells. does not want to be in trouble with patent law. Your help would be appreciated.
Thank you,
answered on Apr 19, 2020
Yes.
Unless there are other details beyond what you have posted, you should be able to buy from anybody a standard product and put your trademark there.
You need to file for a trademark of course.
always consult with an attorney.
Marcos
www.legalbizglobal.com
480 324 6378
answered on Oct 22, 2019
Proper comprehensive trademark search based on your international class of goods or services along with analysis of likelihood of confusion need to be done. It is not possible to give concrete yes/no answer over this forum with out complete information. Search need to happen, before i can say... View More
answered on Aug 16, 2019
Nobody but the owner can tell you it is "allowed." If you do it without the owner's permission, the owner can sue you for trademark or copyright infringement if it finds out about it. The court would then decide if what you did infringed, based on all the facts.
answered on Jul 16, 2019
If you use images of Waldo and other recognizable features of the books, then yes, it would infringe the copyright. Getting permission might be difficult to track down the owner. The book publisher might have the rights, or the author might have retained them. Use the Find a Lawyer tab to retain... View More
I own a food truck business called "Doctor Tasty's Mega Bites" and we are considering franchising.
When I did a mark search, I noticed Churches Chicken trademarked "Megabites" for a chicken nugget they released in late 2017.
Is it likely our mark would be... View More
answered on May 17, 2019
It will definitely be rejected. A patent attorney could very likely overcome that rejection, however. Feel free to set up a consultation with me.
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