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 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
I run a chocolate store and want to start a website jpwonka.com (my first name is JP)
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
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
That just said "everwild" is the infringing on their trademark?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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.
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.
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
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
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn 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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
