Hi, I want to start running leadership trainings by a certain name (let's say ABC trainings). I've done a google search and found another company with the same name that teaches yoga trainings (ABC yoga trainings). Can I still use the company name or is this a bad idea? We're both in... View More 
answered on Nov 2, 2023
Much of answer here is going to be dependent on how the yoga company "registered" its name (or if it even registered its name). If it is only a Fictitious Name Registration (which is more of a "notice" filing in Pennsylvania than an "ownership" filing) or the filing... View More
Hi, I want to start running leadership trainings by a certain name (let's say ABC trainings). I've done a google search and found another company with the same name that teaches yoga trainings (ABC yoga trainings). Can I still use the company name or is this a bad idea? We're both in... View More
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answered on Nov 4, 2023
Using a business name that's already in use, even in a slightly different field, can be risky, as it may create confusion or lead to trademark issues, particularly if the name is trademarked. You should conduct a thorough trademark search, not just a Google search, to see if "ABC... View More
Meaningful beauty, a skincare company, has a similar logo to my clothing brand Miss Boulevard. It looks like they haven’t renewed their trademark. Is it possible for me to submit my logo as a trademark?
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answered on Aug 6, 2023
If the trademark in question has indeed not been renewed and is considered abandoned, and if your logo is not confusingly similar to other existing trademarks, it may be possible for you to submit your logo as a trademark. Since the businesses operate in different industries, that may reduce the... View More
Character/mascot for album cover artwork. Main character in a novel. Main character for an animated film adaptation.
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answered on Jul 31, 2023
Trademarks are registered for use on specific goods or services. For example, the character DAFFY DUCK is registered in International Class 16 for "printed matter ... namely, comic books", and also for toys in International Class 28. The application to register the mark must be... View More
Character/mascot for album cover artwork. Main character in a novel. Main character for an animated film adaptation.
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answered on Aug 6, 2023
The trademark registration must typically identify specific goods or services that are associated with the character. Consulting with an intellectual property attorney experienced in your specific industry can guide you in properly defining and protecting your character's trademark rights.... View More
I'm wondering how I can see if this company's trademark can be considered abandoned if they're not active. The trademark for the business name Fused is taken but I've done a thorough search for this business and I can't find them anywhere on social media or online.
answered on Aug 22, 2023
I agree with James. It is also important to beware that a non-active mark in the USPTO database could still be in use by the original owner, despite the apparent lack of an online presence. Even if you can prove that the original owner has no intention of using it again, you still risk a variety... View More
I'm wondering how I can see if this company's trademark can be considered abandoned if they're not active. The trademark for the business name Fused is taken but I've done a thorough search for this business and I can't find them anywhere on social media or online.
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answered on Jul 28, 2023
f a business name is already trademarked, it is essential to respect the rights of the trademark owner, even if the business appears to be inactive. Trademarks can still be valid and enforceable even if the business is not actively operating or visible online. To determine if the trademark is... View More
That just said "everwild" is the infringing on their trademark?
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answered on Jul 10, 2023
Using the term "everwild" alone for your art, without any additional context or connection to the specific trademarked "everwild music festival," may not necessarily infringe on their trademark. Trademark infringement typically occurs when there is a likelihood of confusion... View More
How I understand it, a work is protected for the authors lifetime plus 70 years, since it was created in the early 2000’s. And since a company or corporation is the author and can’t “Die” when would it go into the public domain? Is it just protected for 95 years and then it’s free to use?
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answered on Feb 25, 2023
In the United States, the length of copyright protection for works created by a corporation, such as Sony owning the Sly Cooper trademark, is generally 95 years from the date of publication or 120 years from the date of creation, whichever comes first. So, since Sly Cooper was created in the early... View More
How I understand it, a work is protected for the authors lifetime plus 70 years, since it was created in the early 2000’s. And since a company or corporation is the author and can’t “Die” when would it go into the public domain? Is it just protected for 95 years and then it’s free to use?
answered on Feb 15, 2023
The timeframes you’re discussing relate to copyrights, not trademarks. For a trademark, as long as the owner continues to use the name and continues to timely submit the proper renewal forms and fees, their protection does not expire.
If a trademark states "covered Goods and Services: Clothing, namely, t-shirts, tops, pants, coats, jackets, swimwear, lingerie, sweaters, denims, shoes, hats, scarves, gloves and underwear". I was selling iron on patches with a trademarked WORD, not even a brand specific word and got a... View More
answered on Jun 15, 2023
ETSY has strict and unique infringement policies separate and apart from the USPTO. While there may be arguments to be made that a patch is not technically a piece of clothing, it is likely an uphill battle to get ETSY to overturn their decision.
I want my YouTube channel name to be called "Postscript." I'll be making video essays in which I'll review, offer critique, and discuss my opinion on various pieces of media, such as films, television shows, anime, video games, etc. I liked the name because it's as if my... View More
answered on Jan 5, 2023
Hello there, you should discuss this with intellectual property lawyer in your area as there is a need for trademark search first for potential infringement of prior rights. Your question can not be duly answered without that. I wish you a good luck with your YouTube channel though.
answered on Nov 22, 2022
If someone does marketing through video ads for his products, he most probably has his product trademarked. However to have complete answer to this a qualified trademark research must be performed. I highly recommend you to seek an advice from intellectual property lawyer in your area first.
If i have the plan for a business can i trademark it on payments if avail
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answered on Oct 11, 2022
The US Patent & Trademark Office fee for filing an application to register a trademark or service mark is from $250 to $325 (for a single type of product or service) depending on filing variations.
An attorney will probably charge you something in the range of $250 to $750 to file the... View More
answered on Jul 9, 2022
A sole proprietorship is not a business organization separate from its owner. This means that there is no legal “person” involved except the proprietor, so there is nobody else who could own property in their own name. A small business owner might register a “doing business as” name, but... View More
I obtained my trademark for "The Cheesecake Fairy" last year. I have been in business for over 7 years and finally decided to trademark my name. A bakery in another state is now calling themselves "The Cheesecake Fairy" and I fear this will cause great confusion for when I... View More
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answered on Mar 12, 2022
Your federal trademark registration for THE CHEESECAKE FAIRY (no. 6377579, for baked goods and store services since 2018) provides the ability to sue infringers in federal courts throughout the nation. Whether you can sue in your own state or in the state of the infringer, is a question that an... View More
Need trademark attorney. I already filed in US through USPTO and now want to file the same trademark internationally with I believe the World Intellectual Property Organization (WIPO). What is the best course of action? I am aware of the Madrid Protocol and can see general prices online.
answered on Nov 19, 2021
You've spotted the most expeditious route: file with WIPO for each of the countries in which you'd like your trademark rights to apply (you'll check which ones you want). For purposes of the WIPO filing, the European Union is treated as one country. However, the application will be... View More
1st Question: Would this fall safely under parody? (Yes I believe it to be parody and not satire as the image and words only produce comedic effect with the knowledge of the video game elements and stand alone does not create a comedic effect)
I used photoshop to impose two copyrighted... View More
answered on Nov 8, 2021
It's not clear from your description what the superimposed images are a parody of. A parody is a "humorously exaggerated imitation" that borrows from a copyrighted work in order to make fun of it. So, it's very difficult to even comment (let alone give advice) without more... View More
answered on Sep 9, 2021
You may be able to get a similar trademark if the marks belong to different classes of goods and services. If your mark belongs to a similar class as the registered mark, then no, the marks are too similar and may cause confusion amongst consumers. You should consult with an attorney.
The owner of trademark sent me this: According to the USPTO, Girl Dad and #girldad infringe on our mark because they would be confused with Girldad. Consider this example, a gentleman applied for a mark using "girl dad" in February (serial number 88805589) and on May 12, 2020 received a... View More
answered on May 27, 2021
They are correct
You should consider an alternative trademark and consult with an attorney
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