Get free answers to your Trademark legal questions from lawyers in your area.
I just want to know if I can use the phrase, "Basketball Mom" without the period on the end?
answered on Oct 11, 2024
There is a pending application to register the mark BASKETBALL MOM ending with a period, used as a brand for t-shirts. The punctuation is not significant, that is, the mark would be infringed by usage as a source identifier for t-shirts whether or not the period followed the words. There is no... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2024
You can potentially claim a trademark that is listed as "abandoned - No Statement Of Use Filed," but you would need to refile for the trademark yourself. An abandoned trademark is one that the previous applicant did not complete the required steps to maintain.
You would need to... View More
Like is this copy infringement of the name. Its called “Steelers auto detailing” his photo he’s using for advertisement is also black and yellow…
answered on Jul 25, 2024
Using the word "Steelers" in a business name, such as "Steelers Auto Detailing," and incorporating black and yellow colors, raises several legal concerns, particularly related to trademark infringement and the right of publicity. Here's an analysis based on the provided... View More
Like is this copy infringement of the name. Its called “Steelers auto detailing” his photo he’s using for advertisement is also black and yellow…
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024
To answer this question, we need to consider trademark law and how it applies to this situation. Here's a breakdown of the key points:
1. Trademark protection: The term "Steelers" is likely a registered trademark of the Pittsburgh Steelers NFL team. Sports teams vigorously... View More
I am aware that the Felix the Cat theatrical shorts are in public domain, but the character is trademarked by Dreamworks. Because of this, what should I do to avoid trademark infringement if I want to create a derivative work based off the original shorts?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 7, 2024
When creating derivative works based on Felix the Cat's public domain shorts, you'll need to be very careful to differentiate your creation from the trademarked properties owned by DreamWorks. Focus on using only elements directly from the pre-1923 shorts, and make clear visual and... View More
answered on Oct 26, 2024
If the trademark expired you are free to register a new application for the mark. However, it is recommended to work with a trademark attorney to conduct a trademark search for similar or existing marks prior to filing for the trademark application.
I am curious as to IF Amanda Bass has a trademark on the phrase "BE REAL, RAW, AND UNCENSORED" which was applied for in 2020.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 17, 2024
The status code 622, "Misassigned Serial Number," indicates an administrative issue with the application process. It doesn't directly mean that the phrase lacks a trademark, but rather that there may be a technical error in processing the serial number. This could happen if the... View More
No any trademarks registered in this name. But IBM objects. Please help me to draft a mail to them. Most urgent . Thank you so much. Regards Sankar S.K.
answered on Sep 27, 2023
There are several federal trademark registrations of marks including WATSON, which is a surname. IBM does not have an exclusive right to the word, and does not have a registration in the category for financial services, so you should be able to register WATSONX.
What steps do I need to take?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2023
Absolutely, if a trademark application has reached a status of "602 - Abandoned-Failure to Respond or Late Response," it means that the previous applicant has lost their rights to that trademark due to their failure to respond to a USPTO office action within the allotted time frame.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2023
Claiming a "Status 602 - Abandoned-Failure To Respond Or Late Response" in a trademark application or registration involves several crucial steps. First, you should access your USPTO account and review the current status of your trademark. It's essential to carefully examine any... View More
The phrase is "Keep America Gay". It is owned by Keep America Gay Corporation but I am unable to find this entity anywhere nor can I find a point of contact.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2023
If you want to use a phrase that is already trademarked by someone else, such as "Keep America Gay", you will need to obtain permission from the trademark owner. Here are some steps you can take:
Conduct a trademark search: Before using a trademark that belongs to someone else,... View More
Can I use team names from the NHL? Or a list of movies in the MARVEL Cinematic Universe? A list of books written by Stephen King? I want to expand my hobby to the creative side, but don't want to open myself up to a copyright or trademark lawsuit.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023
Using names and other intellectual property (IP) in your own work without permission or a license may infringe on the rights of the owners of that IP, potentially leading to legal issues such as copyright or trademark infringement.
Using team names from the NHL, a list of movies in the... View More
I am establishing a small business and coming up with a company name is confusing to say the least. We will be a soap and skincare company.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023
It's difficult to give a definitive answer without knowing more details about your business and the products you plan to sell, but in general, using "Black Label" as a company name may be problematic because it's a common term that is used by many companies in various... View More
I am looking to trademark the name Bitsy Boop. I found THIS on your website: BITSY BOOP - Trademark Details
Status: 710 - Cancelled - Section 8
answered on Jan 30, 2023
BITSY BOOP, with a design of a little girl, was registered by the Hearst corporation in 1998 for tee shirts, and one half of Hearst's interest was assigned to Fleischer Studios in 1999. The joint owners failed to maintain the registration with a required statement of continuing use in 2005,... View More
How long does it typically take for a trademark to be issued?
answered on Jan 27, 2023
Federal trademark registration is not necessary for use of the trademark, and the mark may continue to be used by its owner pending its registration. Until the registration has been issued, however, its owner does not have the ability to sue in federal court for its infringement.
Current... View More
I am planning on making them and selling them in the Gatlinburg and Pigeon Forge area of TN. We would get a small business license, and pick our own messages. But I'm wondering if I legally can't, based on this patent. And if this patent doesn't stop me, are there other patents that... View More
answered on Sep 16, 2022
This is not a patent. It is a published patent application that was abandoned a long time ago. If you need a patent search to see if any other patents out there would present a problem, you're gonna have to engage a patent professional. But this patent application would not be a problem.
answered on Apr 26, 2022
HEE HAW was registered as a mark for entertainment services in 1992 and has been renewed. Your proposed mark would be considered infringing if used for similar services, and the minor difference in spelling is of no significance.
answered on Nov 29, 2021
You need to be watchful whether registered or not.
Use gives you some rights, but you are the one who has to enforce them.
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.
