Get free answers to your Trademark legal questions from lawyers in your area.
My Uncle and his associates started a Company in PA Called "WeatherShield, Inc" in 1976 w/ a soon registered DBA of AllWeatherShield for phone book listings. The business was Selling and Installing Siding, windows, Doors, and Insulation Services. What Rights can I push to capture too... View More 
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answered on Sep 15, 2024
Your ability to expand and protect the WEATHER SHIELD mark nationally will be affected by whether there already are other national or regional brands that have been using similar marks for similar goods or services. Your scope of protection will be limited to goods and services for which you have... View More
The trademark was a store chain in a different business sector. I want to use the graphic and use a play on words for the wine label. The idea is to play on nostalgia from the 1980s. Since the trademark is cancelled and I am not using it in the same sector of business and as well, am changing... View More
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answered on Jun 3, 2024
You can use a cancelled trademark from 2006 for your wine label, but there are important considerations to keep in mind. Since the trademark was in a different business sector and you plan to change one word, your use might not be seen as infringing. However, even cancelled trademarks can still be... View More
Started a podcast in 2016 and was planning to trademark the name last year, but I noticed a podcast that started after ours and were former fans of ours, trademarked the name in January 2022.
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answered on Feb 23, 2024
It can be frustrating to discover that another podcast has trademarked a name similar to yours, especially if you've been using it for several years. However, trademark law can be complex, and the timing of trademark applications can impact the outcome. If the other podcast successfully... View More
Started a podcast in 2016 and was planning to trademark the name last year, but I noticed a podcast that started after ours and were former fans of ours, trademarked the name in January 2022.
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answered on Feb 6, 2024
If you started using your podcast name in 2016 and discovered that former fans of your podcast, who started their podcast after yours, successfully trademarked the same name in January 2022, you may still have options to challenge their trademark registration. In the United States, trademark rights... 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
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 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
Character/mascot for album cover artwork. Main character in a novel. Main character for an animated film adaptation.
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
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?
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.
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
I run a chocolate store and want to start a website jpwonka.com (my first name is JP)
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answered on Aug 30, 2024
When considering the use of the name "jpwonka" for your chocolate store website, you need to be mindful of potential trademark issues. "Wonka" is a well-known trademark owned by Ferrara Candy Company, which holds the rights to the "Wonka" brand associated with candy... View More
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answered on Jul 27, 2024
Using "Clear Springs Water Solutions" might infringe on the existing "Clear Springs" trademark, depending on how the trademark is registered and used. Trademarks are protected to avoid confusion among consumers, and using a similar name in the same industry could lead to such... View More
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
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
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