Robert Kost Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2021

You may be able to obtain a federal trademark for your business name in connection with the goods or services you offer. To do so, you will file an application with the United States Patent & Trademark Office, describing the mark and the class(es) of goods and services the mark will relate to.... View More

Yes you can, maybe

Consult with an attorney

You need to consult with an attorney to file an application for the trademark

A mark that is primarily merely a surname is not registrable. Branco is a surname. If it has no other distinctive meaning other than being a surname, the application to register it as trademark will be denied.

It depends. You may be able to file under either name (the short name or the long name) but you would need to perform a clearance search to see exactly how everything was filed and then make a determination based on that. With trademark clearances, we would look at names that are the same but also... View More

If someone has the exact mark trademarked you run a high risk of infringement. But it’s possible you could have good counter arguments depending on a number factors. For example, knowing how LK uses this mark in commerce would be highly determinative.

Yes you can be sued.

It will depend on the similarity or difference of the products and whether somebody can be confused as the origin of the products or services.

Consult with an attorney

You may want to consider protecting your toy with a patent, assuming your modifications to existing toys are novel and non-obvious. You will need a patent attorney to help you assessing the patentability of your toy and preparing and filing the patent application.

Please give me a call if... View More

Hi there! Thanks for reaching out. You may be able to trademark that logo if it is different enough from all of the trademarks owned by UTK. It also depends on if "vols" is considered a "famous mark."

I would definitely suggest speaking with a trademark attorney to do... View More

If your name is Sincere you will likely not be able to have it registered in either a state or with the Federal Trademark Office. Surnames are not protectable by Trademark. See a trademark attorney.

There are many factors that are taken into account on a claim of trademark infringement. Generally speaking, trademark infringement is the unauthorized use of a trademark in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake among consumers... View More

Given that most famous people have the Right to Publicity, meaning how they exploit their own fame, you will not be able to use their likeness without their permission. Best to consult with local business/intellectual property counsel to understand fully what the Right to Publicity entails.

Depend on the use you are giving the words on your van.

If they are used to represent delivery of cherries or wild cherries, most likely you are not infringing on the rights of others.

IF YOU are using it for clothing, then that would be a different story.

Consult with an attorney.

Because all of those characters are either protected under copyright on trademark, your proposed activity would result in infringement. To help you better understand the implications of such intellectual property rights, both the Copyright Office and USPTO have excellent informative websites. I... View More

Sorry, but there is very little chance of any attorney taking your case. For several reasons.

Firstly, just because you've filed a provisional application, does not mean that you have a patent. You need to file a regular application, prosecute it, and have the patent issue before you... View More

If you filed a design mark application with a color specimen and registered it with color, the registration protects that specific design exactly as filed. Changing the color will remove the design or logo from the umbrella of protection offered by the USPTO registration.

This is why,... View More

Tania Maria Williams Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2020

I’m not sure what you’re asking exactly. If your asking if the second name infringes on the first, the answer is possibly. It depends on the class of goods and services. If you’re asking if they infringe another mark, I would have to know what that mark is to be able to better assist you.

A trademark application or registration can be considered abandoned for a number of reasons, but there are actions you can take to reverse it.

If you or someone else has applied for a trademark, but for some reason did not continue the process after receiving an Office Action or Notice of... View More

Any word can be registered for trademark purposes, as long as it meets with certain requirements.

Just because it is a common name it does not mean that it can not be registered.

sorry for what is happening to your friends.

always consult with a branding attorney before... View More

Congratulations on your new venture! I hope that it is a great success.

You can start to protect your intellectual property right away. The most important for you will likely be trademarking your product names, logos, etc. You can file for federal registrations before you ship your first... View More