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

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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

An attorney would need to know much more than just the two names to answer this questions. There are a variety of factors to consider, such as the similarity of products and how the two marks are presented to consumers. It is also important to know who used the mark first and what is claimed in... View More

If a person has a legitimate basis for objecting to a trademark application filed by another, there are a couple of approaches that can be pursued. One is to contact the other applicant and attempt them to abandon the application based upon whatever basis there is for objection. Another is to... View More

There are a lot of people that are pretty unclear on the difference between patents, trademarks, and copyrights.

I cannot see a way for John Deere to own generic images of tractors under a utility patent. They could chase protection for a particular way their actual tractor (or a toy... View More

Filing a trademark application is easy and inexpensive. Expect a $275 fee to the government and a small amount of professional time to prepare the application. The more expensive and complicated part of the trademark application process is responding to the government attorney's legal... View More

Did you receive an initial response from the USPTO (usually within about three months of your original application)? It can take a year to a year and a half before your trademark registration is completed.

I would encourage you to find out the status of the application you've... View More