Texas Trademark Questions & Answers
Q: Can I trademark the slogan, "Bleed Verde" if there is already a slogan trademarked "Bleed Green"?
It is likely, depending on the difference in the products or services for which that tag-line may be registered, that you will receive opposition to an application for registration with the USPTO.
When considering an application for trademark registration, the USPTO considers the English... Read more »
Q: I made esports org called alleliteclan was wondering if I could use it if there’s a company called allelitewrestling
I want to know if I could use it that wrestling company trademarked allelitewrestling but I’m using AllEliteClan
Maybe. You will need a trademarkability opinion.
Q: Can you use a color out of a NBA, NFL, or MBL team color scheme? Not all colors just a single color?
It depends. I'd need more information.
Q: Is the quote "I'm Your Huckleberry" trademarked or copyrighted?
I'm not sure which terminology fits, but either way I'm making baby onesies to sell and I want to make sure it is not illegal before doing so.
Thanks in advance.
The answer to your question isn't that simple. The scope of others' trademark rights are based on "likelihood of confusion." That means even if your slogan is not already trademarked by someone else, something similar may lead to trademark infringement liability. For example, one person ran into... Read more »
Q: My dad had a trade mark on macho nacho it says status canceled does that mean it’s not in effect any more!?
Please let me know if the trademark is no longer in effect
If your dad's mark has a status of "cancelled" that means the registration is no longer valid. It may mean it has lapsed, or has been canceled as a result of an opposition or lawsuit. But, trademark rights are based on use, so that doesn't mean there are no trademark rights. (These are called... Read more »
Q: Is it possible to get both my Brand Name / Logo Trademark at the same time?
Or If my Brand Name was trademark will it cover my Logo being trademarked?
You can register both your service mark and your design mark (logo) at the same time, but each is treated as separate registration applications and evaluated independently (and subject to their own registration fees).
Q: How do I trademark my rap name
I'm trying to become a rap artist, how do I go about getting my name trademarked?
Discuss with a trademark attorney. A band name or a musical artist's performance name is something that can be trademarked.
Q: How much does it cost to trademark a logo or name or phrase?
The USPTO charges a flat fee of $225, $275, or $325, depending on a few varying factors (i.e. opting for pure electronic correspondence with the USPTO, and also whether you create your own "Free Form" description language or use pre-approved language -- most applications are filed at the $275... Read more »
Q: I need to why is my trademark logo status is saying abandoned, when I payed for the trademark
You cannot buy a trademark. The fee just permits you to file the application. The fee does not guarantee that the application will result in a trademark registration. Common reasons for abandonment are failure to respond to an office action and failure to submit evidence of use. An attorney... Read more »
Q: I created a koozie saying “lake:30”. Was informed on Etsy by Lake30 that they own that exact trademark, however I
Checked trademark availability of the exact saying, “lake:30”, and it shows available. So do they own similar trademarks?
A trademark attorney would need to review the trademark registration and your product to determine if your product infringes their trademark. Generally speaking, exact copying is not required to infringe a trademark. If a consumer would confuse your mark with the other, there can be infringement.
Q: How should I legally start structuring a record label business, register trademark and copyright?
Id like to start it with two other people, get an estimate for how much it would cost to trademark, copyright and would you be able to give me some steps to start with the structuring?
This is a very complex and specific question that cannot be fully addressed on here. As a starting point, this government resource explains the basics of copyright and trademark in the music industry:
https://www.uspto.gov/learning-and-resources/ip-policy/musicians-and-artists-profile... Read more »
Q: Status 606 abandoned , Does this mean it is outdated?
It means the application was abandoned. This resource discusses what that means: https://www.uspto.gov/trademarks-application-process/abandoned-applications
Q: Regarding copyright or trademark infringement, if I were to make a polo shirt to sell online with the words
If I were to make a polo shirt to sell online with the words “American Express” embroidered on the chest without a logo, and in similar but different font would I be at risk of copyright infringement? As long as it wasn’t printed on any type of financially related things that could mislead... Read more »
No you would not be O.K. to sell it. "American Express" is likely to be considered a famous mark and probably protected by federal trademark registration. In addition to potential trademark infringement, you might also be at risk for for liability under federal anti-dilution laws.
Q: I am planning to book/hold a new name I like for my possible business name. I want no one else use or take it
1) I am new to business area. In my future 1-2 yrs down the lane I may plan to take up business. I thought of a name I like. I want it to be registered or trademark so that no one uses the same name in my area of my business lets say Petcare Industry. How can I do it?
2) If I want to use a... Read more »
A trademark attorney can help you protect your business name and advise on potentially conflicting trademarks. You should speak with a Texas trademark attorney in a confidential consultation.
Q: Received letter 2day from Git-R-Done Productions,Lawyers telling me 2 change my comp. name or else from Git-R-Done Limo
I received letter today from Git-R-Done Productions Inc , Lawyers telling me 2 change my company name or else be sued from Git-R-Done Shuttle & Limo to another name. Really how can someone own a word
This production company is owned by the comedian, Larry the Cable Guy who has trademarked the phrase "Git-R-Done" in a variety of different classes. If they happen to own the trademark in the class which would include limo/shuttle services, then they have a right to demand you cease and desist use... Read more »
Q: I am potentially going to register my business name, but am unsure if I am infringing on another company's name.
The established company's name is very similar to mine. . Also if this is not okay, would there be a way to change it while still keeping the word
Registering a business name is a different process involving different rules from registering a trademark. Generally, there are minimal requirements for registering a business name. Often, even if the names are very similar, you can register a business name in Texas. However, the fact that you... Read more »
Q: Writing a famous person tribute.
we are righting a famous person tribute and wanted to know if we have the legal right to use an image, one in which we recreated through visual design software.
Assuming that copyright still subsists in the image, legally, you cannot reproduce the photo without the authorization of the person who created that image.
Q: Do trademark laws apply internationally?
Or do I need to file for registration in every country that my company does business in?
A United States trademark is enforceable only in the United States. If you want to enforce your trademark in another county, you would need to file a trademark application there. There is a simplified international registration process that may be available depending on when your US trademark... Read more »
Q: I sell items I purchased from online Chinese marketplaces. Just accused of infringement and theft of intellectual prop?
Another shop owner in Etsy accused me of stealing her designed item and photos for the items that she says she owns. She forced me to remove cease selling or get sued. The Alibaba site shows the items as unbranded.? They are currently bought & sold & resold all over the world? I find them in... Read more »
An attorney would need to review the specific product and the allegations of infringement to determine whether her notice is legitimate.
Q: Posters with Brand name logos on it. Can I use them in a retail store that I'm opening?
A store is going out of business, I'm wanting to buy the brand name products and posters that advertise them.
Most likely, you can sell the products. Generally, you are free to resell what you rightfully purchased. There is a possibility that one of the brands may have brand use guidelines that restrict how you can market their products. An attorney would need to know more to give a certain answer to... Read more »
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.
