The active registration for THE BUSINESS + CLINIC RX FOR SUCCESS (stylized) would probably preclude the proposed registration for THE BUSINESS CLINIC as confusingly similar.

But even if that registration was not active, it is likely that THE BUSINESS CLINIC would be refused as "merely... View More

As the prior user, the other business could take action to terminate your use, even without a trademark registration. Registration is not required to obtain legal rights in a mark and the ability to terminate infringing uses. Use the Find a Lawyer tab to retain a local intellectual property... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2023

It depends on several factors, including whether the company has trademarked the name "Ten Back" or a similar name. If the company has a trademark on the name or a similar name, then using it without permission could be considered trademark infringement. It's also important to... View More

The only way to find out if it is "alright," is to contact the trademark owner and obtain permission. Without prior permission, there is a risk that the trademark owner could sue for trademark infringement.

Not really a legal question. But it looks like a bit of decoration based on the hammer part of a pistol.

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

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

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

Robert Kost Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Very possible.

Reselling a product with another person's brand for commercial purposes can be infringing.

Consult with an attorney.

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

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.

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.

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.

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.

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

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

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.

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.

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