Get free answers to your Trademark legal questions from lawyers in your area.
My business name is similar to another business’s name, but I am unsure whether it is similar enough to constitute trademark infringement. Example of the situation I am facing (not actual company names): Company A is named Bob’s Cupcakes. Company B is named Bob Smith’s Cupcakes. Would... View More 
answered on May 11, 2018
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
answered on Feb 1, 2018
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
I am starting a craft business and I have been looking into the law relevant to that. I recently read a blog post about how a person had to take down their clip art listing from Etsy because it infringed on a patent. The clip art design was a green tractor with yellow wheels. She said that there... View More
answered on Jan 19, 2018
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
answered on Nov 17, 2017
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
I filed with Legal Zoom before but I can't find the trademark when I search for it. It was over a year ago, so I'm thinking of just finding a Lawyer.
I need help finding an affordable, legal and professional trademark registration if I can't find the original trademark. Any assistance? Thanks.
answered on Jun 25, 2017
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
If the owner of a company lets me work for them, as a part-time employee, can I then take ownership of their company?
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answered on Feb 23, 2017
Part of this depends upon how they gave you permission. Was it a written permission to use?
The organization has been around since 2012, one board member resigned and board denied him to return in November and he files a trademark on the name and logo in December. Is that even legal?
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answered on Feb 20, 2017
There are common law (i.e. state law) protections available when a name or logo has been used in conjunction with a business activity before it is officially registered or an application made for registration. These rights would in most cases supersede a new application. Also, the individual could... View More
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answered on Feb 20, 2017
Possibly, so long as the good and service are not confusingly similar to the average Joe. You might also be able to vary the mark by stylizing the name of the good in the creation of your logo, providing more grounds for a successful application.
I am a Seattle-based freelance designer that created a logo in 2014 for a client in TN. That client is AnchorYourSoul.com, and the logo was discovered to being used by someone else in 2015. We both told her to cease and desist using it in her social media channels and website. She complied, but... View More
answered on Feb 3, 2017
Have you filed for copyright protection for the image? If so, it's likely that an attorney would assist you for a portion of any money recovered from the person infringing. Filing for copyright protection for a single work of visual art is $35, it's $55 to file for multiple works.... View More
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