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My small 3 year old online retail business’s name isn’t trademarked due to the cost, but I did register the name as a DBA through the county in Texas. I also operate the website for my business using the same domain name and have a business presence under the same name on all major social media... View More 
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answered on Oct 30, 2024
It depends on whether use of the mark is sufficient to be considered use "in commerce". Through the business the mark would need to be associated with the sale of goods or providing a service, in addition to being associated with social media accounts and websites. If there have been... View More
My small 3 year old online retail business’s name isn’t trademarked due to the cost, but I did register the name as a DBA through the county in Texas. I also operate the website for my business using the same domain name and have a business presence under the same name on all major social media... View More
answered on Oct 30, 2024
Based on your prior use of the mark, even if not registered, you should prevail over a later user of the mark in any litigation or administrative proceeding such as the US Patent & Trademark Office. If the later user has applied for federal registration, and that application advances to the... View More
I'm an aspiring writer and I do not want to overlook any details, so in the book I am writing I intend to use the 'Disneyland' name solely to express that the characters within the book visited the location at one point in the past. No rides or anything else related to the park is... View More
answered on Oct 4, 2024
When mentioning "Disneyland" in your book, you are likely within your rights under U.S. trademark law, particularly under nominative fair use. Trademarks like "Disneyland" protect brand identity, but your use of the name to describe a factual event—such as characters visiting... View More
answered on Jul 25, 2024
If you want to print personal wear (e.g., T-shirts) featuring Evangelion characters and logos for personal use, here are the key legal considerations:
Copyright and Trademark Issues
Copyright:
Evangelion characters and logos are protected by copyright. This means that any... View More
answered on Jul 18, 2024
The concept of "personal use" in copyright law is complex and varies by jurisdiction. In some countries, there's a distinction between making a single copy for personal use and creating multiple items, even if they're not for sale.
In the U.S., the "Fair Use... View More
answered on Jul 11, 2024
Given that it has been more than three years since the mark has been abandoned, it is likely you are in the clear to pursue registration. Yet, the owner of the "dead" trademark may still be using the mark in commerce. If so, they would still have common law trademark rights to the mark in... View More
Is this illegal to shut someone’s listing down when you really don’t hold the approved IP yet? And what are my options.
Thanks.
answered on Jul 25, 2024
Based on the information provided, here's an analysis of your situation:
Trademark Application Status:
Having only an application for a trademark, without approval, does not grant full trademark rights. The applicant does not have enforceable trademark rights until the mark is... View More
Is this illegal to shut someone’s listing down when you really don’t hold the approved IP yet? And what are my options.
Thanks.
answered on Jul 9, 2024
Normally, online marketplaces like Amazon and Etsy require merchants selling items on their platforms to prove they own or have a license to use IP when a complaint is made. People and companies legitimately selling products in online marketplaces can usually provide proof of ownership or... View More
This phrase would be on my website, purely for fun and signifying a linked button that would advance them to another page. I am wondering if this would be considered copyrighting or trademark against LucasFilms?
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answered on May 31, 2024
Using the phrase "This Is The Way" on your website to signify going to the next page could potentially raise concerns with Lucasfilm, as the phrase is strongly associated with their "The Mandalorian" series. While it might seem like a fun and harmless addition, it is important... View More
My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.
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answered on May 1, 2024
If a company is using your unique name on their product, and it's causing significant problems for you, there are several steps you can take. First, consider reaching out to the company directly to express your concerns and the specific issues their use of your name is causing. A respectful... View More
My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.
answered on Apr 30, 2024
Under trademark law, no one can register a trademark with a person's surname (i.e., last name). Companies can still use a name as a trademark/brand and simply not apply for federal or state trademark registration. If a first name is unique, then it might fall under the trademark category... View More
Would this be an issue or would this be considered a different enough business to be allowed.
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answered on Apr 25, 2024
The issue of whether your baseball facility can use the name "X" when there is already a softball facility named "X Softball" depends on several factors. Here are a few considerations:
1. Trademark: If "X Softball" has a registered trademark for their name,... View More
answered on Apr 12, 2024
When considering trademarking "Together We Can," it's crucial to conduct thorough research to ensure the name is available and eligible for trademark protection.
Start by searching the United States Patent and Trademark Office (USPTO) database to confirm that the previous... View More
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answered on Apr 11, 2024
It's possible to apply for a trademark that was previously registered but has since been abandoned. However, there are a few important considerations:
1. Make sure the trademark is truly abandoned. You can search the USPTO (United States Patent and Trademark Office) database to confirm... View More
About a month ago I paid $5,000 total to Trademark Fortress to register my business name and logo in 4 USPTO classes. They told me I was all set, but now they are telling me that someone is contesting my filing, and that I need to pay thousands more to file attestations in all 50 states to protect... View More
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answered on Apr 11, 2024
I understand your concern and frustration with this situation. Here are a few important points to consider:
1. Transparency: A reputable trademark attorney or company should be transparent about any opposition or contestation to your trademark application. They should provide you with... View More
Would I need to pay a trademark licensing fee?
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answered on Apr 5, 2024
The legality of using a play on words and image theme from a classic TV show for your snow cone stand depends on several factors. While you may be able to use a clever play on words, directly using trademarked names, logos, or images from the TV show without permission could infringe on the... View More
Would I need to pay a trademark licensing fee?
answered on Apr 5, 2024
I recommend seeking advice from a trademark lawyer as the answer depends upon the specific name and use of your own name and the TV show name. Depending on the name, the TV show may come after you for trademark infringement. To give some background, trademark infringement for puns hinges on whether... View More
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answered on Mar 8, 2024
To trademark your motorcycle club logo, start by ensuring the logo is unique and not already in use by another entity. A thorough search through the official trademarks database of your country, such as the United States Patent and Trademark Office (USPTO) in the U.S., will help you confirm this.... View More
Hi! my name is Katerina,
I`m a manager in Rollun LC company, we`re owners of https://trademarks.justia.com/877/11/mototou-87711348.htm
Please let me know, if i want to add another service by classification ( goods for fishing for example) - what would be right and easier to do -... View More
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answered on Feb 26, 2024
Adding a new business activity, such as fishing and fishing tools, to your existing trademark registration is possible but may require careful consideration. You'll need to assess whether the new activity falls within the scope of your existing trademark and whether it aligns with the goods or... View More
Hi! my name is Katerina,
I`m a manager in Rollun LC company, we`re owners of https://trademarks.justia.com/877/11/mototou-87711348.htm
Please let me know, if i want to add another service by classification ( goods for fishing for example) - what would be right and easier to do -... View More
answered on Feb 26, 2024
If the mark was already filed for a separate class of goods and services, the USPTO requires a new application to be filed to protect against different or new goods and services. If the goods and services fall under a different class of registration it is best to register the mark as a new... View More
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