Peter N. Munsing's answer As long as you aren't lifting the entire image and photo reproducing it no. You may paint a subject already painted--many art students do this. I'm not seeing the concern. If you are painting an aircraft shown in a photo it's not a copyright violation. I believe you may be over thinking this but if you have a specific concern why not ask a copyright lawyer.
Benton R Patterson III's answer It depends on what line of business you are in and the scope of the other trademark. I recommend discussing your business plans with a trademark attorney in a confidential conference.
Michael Gerity's answer In your example, the words "fitness" and "gym" are merely descriptive of the services provides. As such, that portion of your example marks would generally NOT be part of the protected elements. In fact, usually the trademark examiner will ask that the applicant disclaim any rights to such descriptive portions of the overall mark except when used as part of the overall mark. So, in most cases, the "example" portion of the mark would be the only part that is really protected, and therefore...
Benton R Patterson III's answer I would need to know more facts to fully answer your questions. Cancellation of a federal trademark registration significantly diminishes the mark owner's rights. Although, it is unsafe to assume that because the mark was cancelled, it is free to use. The owner may have common law rights in the mark or a state trademark registration. Also, the mark may have been cancelled by a court order for failure to meet a registration requirement. If so, the reasons for cancellation may apply to your...
Will Blackton's answer You can find out if someone owns a live trademark on "Philadelphia University" by searching the United States Patent and Trademark Office's Trademark Electronic Search System. Pennsylvania also has a state trademark registration system, so search there also. If someone owns the trademark, contact them and obtain a license for your intended use. If your search doesn't turn up anything, you should contact an attorney in your state to determine your legal liability for using the name and logo...
Nancy L Lanard's answer It sounds like you are asking how to register a trademark with the U.S. Patent & Trademark Office. Although uspto.gov does have instructions for filing. However, this can be a difficult legal process that should start with a nationwide trademark search and then filing in the proper category. I strongly suggest that you retain experienced counsel to handle this for you. The process is lengthy - typically 9 months or more.
Nancy L Lanard's answer You do not need to have a trademark to sell. However, the federal trademark does protect the name so others cannot come in and copy it. I would also recommend that you copyright your recipe for the sauce. Good luck!
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