Depending on how a trademark will be used, trademarks may be registered in your state or nationally via the USPTO. Some businesses also register their trademarks in other countries. You can review information about the process at the USPTO website. It is recommended that business owners work with... Read more »
This course of action runs a high risk of copyright infringement. Copyright protection extends to television characters and television shows. It is also possible this show has a trademark separately on the show name as well. As always, please consult an experienced intellectual property before you... Read more »
My question is about avoiding violating a third-party trademark.
Here’s a quick summary:
A third party, let’s call them “Tower, Inc.” took a dead trademark (which lived from c. 1870-1970) and filed to bring it back to around 2000. Tower, Inc. now uses the trademark in new... Read more »
It depends on how you use the trademarked image. Trademark infringement depends on a lot of factors such as: (1) strength of the marks, (2) relatedness of the goods, (3) similarity of the marks, (4) evidence of actual confusion, (5) marketing channels, (6) degree of consumer care, (7)... Read more »
PAC are the initials of the artist that wants the stage name PacMan. Again no logos would be used from the game, as well as it being in the music industry, I wasn't sure if it would infringe without the hyphen, as well as the use of it for "entertainment"
Yes. Too close.
Avoid it.
5y ago 2 business owners decided to join forces by launching a branded product.
Both operated as 2 separate sole proprietorships, and that did not change with creation of the brand.
Person A registered the domain, did product development and paid for the initial production.... Read more »
Tough, tough situation.
Unless you can resolve it amicably, you will have to resort to litigation.
The best approach would be to move on and pick a new trademark.
I can not believe that the product is so unique that you can not replicate the success.
Consult with an... Read more »
My question is about avoiding violating a third-party trademark.
Here’s a quick summary:
A third party, let’s call them “Tower, Inc.” took a dead trademark (which lived from c. 1870-1970) and filed to bring it back to around 2000. Tower, Inc. now uses the trademark in new... Read more »
If Tower has the trademark, it doesn't matter that it was dead. They own it now. You could try to get them to share the trademark with you. I would definitely consult a lawyer. Good luck!
In the current manuscript draft, the story unfolds in a very large retirement community, the name of which is trademarked. For the sake of this question, let's just say that the trademarked name of the community is Golden Years Estates (it's not!) The novel involves a murder, and the... Read more »
It is possible. They may claim you are defaming them.
Consult with an attorney.
I am a Marine and a certified personal trainer, I named my business Marine fit. My business makes money and I am currently turning it into a official LLC. I should have the LLC done in a few days. I read on Marines website they do not authorize the use of USMC or their logos/brands for other... Read more »
Hi there,
First, thank you for your service! Second, good on you for asking these questions ahead of time! Third, congrats on starting your business!
To the merits ...
Your risk of upsetting the USMC to the point of eliciting a Cease and Desist letter here is relatively... Read more »
If our AAU team wants to use the Bulldogs or Cardinals as its logo on apparel but does not use the same font, style, or color, is it possible to use that logo with different colors, styles, and text although it may be trademarked?
If there will be a likelihood of confusion between the two trademarks, then there will likely be a claim of infringement, especially when both marks are in the same class/category. Also, using a different font in a logo will not overcome the similarity of 'sound' between the text portion... Read more »
Your new work may be considered a derivative work of the original song. A derivative work uses some or all of the original work and adds new elements. The copyright owner has the exclusive right to make derivative works. Therefore, if you made a derivative work without permission it could be... Read more »
Samples without giving my specific brand away would be: Fisherman's Food Network or Hunter's Food Network or Doctor's Food Network etc...
Using the name "Food Network" for your brand may very likely infringe on the trademark rights of the existing Food Network brand. Infringement may occur when there is a likelihood of confusion as to the source of the goods represented by the mark. Adding a word to an existing trademark... Read more »
Hello. I'm looking to officially "start" my business and I've noticed that the name appears to be at least partially trademarked. The company using it is Relapse Records and have "Relapse" trademarked. I'm looking to create "Relapse Gaming".
You need to see what classification(s) has the other party registered their mark in with the USPTO. It is possible that your use for "gaming" would not fall in the same class as "records." For example three parties each own the identical mark "DOMINION". This is... Read more »
We are doing a marching band halftime show in 2020 that is heavily based in satire. I'd like to use the title "Bands Against Humanity" as it perfectly describes the "satire" and humor elements of our theme. I reached out to the game manufacturer for Cards Against Humanity... Read more »
Yes, if they have a registered trademark, then it would include slight variations on it. Trademarks are typically limited to specific goods and services as they are listed within the application. However, by hosting this type of event, CAH could make a claim that you are diluting their brand name... Read more »
The photo is heavily altered, does not use his name or the original book title, and only uses the cover art
Usually the copyright page of the book will tell you who to contact for permissions. You may want to start with the publishing company as they usually get all permissions in the publishing agreement. If they don’t have the rights, they should be able to direct you to the right person.
The Philly LOVE statute has been the source of contentious litigation numerous times. Even though the artist died in recent years, there are others who claim to own the copyright in the sculpture. There is also a claimed trademark registration for various goods for the LOVE sculpture. Artists... Read more »
It says The mark consists of the stylizes wording “BTS” and color is not claimed as a feature of the mark.
Does that mean I can use the word BTS if it’s in colors.
No
on the contrary, when a mark does not claim colors, basically it is claiming any variation of shades and colors.
Stay away from them, specially if you are going to be using it for similar products or services (music, production, videos, clothing, etc.)
Consult with an... Read more »
I see a cartoon character, Thundarr the Barbarian may currently not be trademarked by anyone.
Ookla the Mok say, "Doesn't mean character not in use commercially or protected by US copyright law."
It is always best to create an original brand name, tag-line, or logo.
Is there a website to start this or do I need a lawyer?
You will need to prepare and file a trademark registration application through the US Patent and Trademark Office — uspto.gov
While It’s possble to handle this process on your own, retaining an attorney is highly recommended to ensure the application is prepared properly. If you’d... Read more »
My business sells human hair weft extensions, fusion hair, human hair wigs, eyelashes, bonnets, and edge control.
You should consult with a knowledgeable trademark registration attorney who can properly prepare your trademark application for you and maximize your odds of a successful registration with the USPTO.
I see many align trademarks, so wondering if it is industry that sets them apart or if it's the font? I assume there must be a defining feature to allow them to trademark so many versions of "align".
Also wondering with a tech app, will I need intellectual property or any... Read more »
Trademarks are differentiated by "Class" -- When you submit an application for a trademark registration, you must specifically identify which stream of commerce you are using your mark, and if the USPTO finds that there is no likelihood of confusion with another existing mark, you will be... Read more »
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