Maybe. The standard is the likelihood of confusion. Two companies may register and use the same words as their trademark and not be infringing if there is not a likelihood of confusions between the two uses. There is alot of information on my website on the topic.

You need to find out if someone else is using it. The Navy PX is called NEX and would have at least a service mark if not a trademark. There would be a problem if a Court found there was confusion. So I think unless you get their permission that isn't likely but I would suggest you contact a... View More

You can't use that phrase as it is owned by someone else. There's no way to get around it other than asking for permission to use it and being approved.

Sure - contact Bob Duminiak, Esq. at Howson & Howson in Blue Bell. He's the guy.

Robert J. Duminiak, Esq.

Howson & Howson, LLP

Bldg. 620, Suite 210

350 Sentry Parkway

Blue Bell, PA 19422

Phone: 215-540-9200

Fax: 215-540-5818

Email: rduminiak@howsoniplaw.com

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... View More

I agree that it is a good idea to make sure the application is completed correctly the first time.

Doing so can save money and years of time. Many attorneys provide free consultations and discounted or pro bono services. You can use Justia to locate a trademark attorney.

Your issues are a bit unclear, but these principles might be helpful:

1. The underlying right to use a particular trademark is acquired by actual use in commerce.

2. For a mark used in commerce but not registered with the U.S. Trademark Office, the geographical scope of protection... View More

Hello. You actually haven't provided what YOUR logo is, so it's impossible to compare the two.

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.

You could potentially be liable for trade dress infringement, which is very similar to what you are describing.

You cannot prevent others from entering an entire business profession. However, you can obtain a trademark for lifeguard services that you provide.

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... View More

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... View More

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... View More

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.... View More

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!

Generally you can't just put in a space if it's likely to be confused. Now if they don't have a trade mark or service mark that may be different.

You would have to consult with an attorney, there is not enough information in your post to determine if you're in danger of trademark infringement.

So, you have three options:

(1) make these cover photos without consulting a lawyer and risk a lawsuit;

(2) make these... View More