I received a cease and desist letter from a law firm claiming that my business name is confusingly similar to their client's business name. They claim that it is in violation of trademark rights and that their client has incontestability over the usage of the name.
My question is that... View More 
answered on May 16, 2023
Trademark protection often extends beyond exact trademark matches. For example, when the United States Patent and Trademark Office (USPTO) reviews trademark applications for a likelihood of confusion, what they generally look for is what is referred to as an overall commercial impression. This... View More
I received a cease and desist letter from a law firm claiming that my business name is confusingly similar to their client's business name. They claim that it is in violation of trademark rights and that their client has incontestability over the usage of the name.
My question is that... View More
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answered on May 22, 2023
Trademark infringement is based on the likelihood of confusion between two marks, rather than the exact match. Even if the names are not identical, if they are sufficiently similar and used in the same or related industry, it could still be considered trademark infringement. It would be advisable... View More
I received a cease and desist letter from a law firm claiming that my business name is confusingly similar to their client's business name. They claim that it is in violation of trademark rights and that their client has incontestability over the usage of the name.
My question is that... View More
answered on May 16, 2023
In order to successfully pursue a claim for trademark infringement, it is not necessary that the infringing mark be identical; it is sufficient that the marks are so similar and the goods or services for which they are used are so related that it is likely to confuse or deceive the average consumer.
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answered on May 7, 2023
No, you cannot get in trouble for cosplaying as a fairy similar to Melanie Martinez's new look at her concert. Cosplay is generally considered a form of fan art and is protected under fair use laws. However, if you were to sell or profit from the cosplay, you may run into legal issues as you... View More
I am starting a t-shirt business in Texas and I want to use the tagline Worn and Raised and also put it on shirts to sell. I see it is trademarked twice for business names, can I use it legally or do i have to change its lightly to maybe Worn N Raised?
answered on Apr 8, 2023
You should avoid using someone else's trademark in a way that is confusingly similar. The US Patent and Trademark Office ("USPTO") maintains a website with a lot of general trademark information and offers a webinar on trademark basics. Also, a knowledgeable trademark attorney can... View More
Products bearing my trademark have been maliciously tampered with by a competitor using a high-level Amazon Vendor Central (VC) account,and there are many victims of this type of attack.
The group using this account to launch attacks is mostly from China, and as far as I know, these... View More
answered on Mar 16, 2023
It sounds like you could win if you can clearly identify the perpetrators in China, serve them with process, and acquire jurisdiction over them. You should do your research first to make sure the perpetrators have assets in the United States you can seize to collect any favorable judgment. While... View More
I painted a painting with my coworkers at an event paid for by my manager. It is a painting of my cat with my name on it. I quit working there and wanted the painting back and my manager said if I come to get it back it's theft. Is there anything I can do or do they legally own it because they... View More
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answered on Mar 10, 2023
The ownership of the painting may depend on the specific circumstances of the event and any agreements made between you, your coworkers, and your manager. If there was no explicit agreement made about ownership of the painting, it may be considered jointly owned by all of the individuals who... View More
Hi, looking to use some key words in a small online shop I have opened and am wondering if trademarks are only valid for the category they are registered in. For example: If i wanted to use a term in the title of an item listed for a t-shirt or sweatshirt, is this allowed because the trademark for... View More
answered on Feb 2, 2023
Yes, trademarks are only protect the mark in connection with the class it is registered in as well as the good and services description related to the mark. A similar or identical mark can be registered in a completely different category and in connection with a different set of goods and service... View More
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answered on Feb 25, 2024
Understanding the scope of a trademark is key to ensuring you're not infringing on someone else's intellectual property rights. Trademarks can cover a range of elements, including words, phrases, logos, and designs. If a trademark is registered for the specific design that includes both... View More
I NEED A HELP IN CREATING TRADEMARK LICSESNING AGREEMENT LETTER FOR OTHER GROUPS USING MY TRADEMARK.
THANK.
answered on May 16, 2023
You've posted your inquiry in the anonymous Q&A section. This section isn't used for connecting with individual attorneys to provide legal services, only for receiving answers to legal questions. To connect with an attorney who might be able to assist you, you should try searching the... View More
answered on Mar 21, 2023
You may, it happens all the time.
Consult with an attorney to understand your options.
I have a character that I have designed and I have a name for that character. I plan to feature the character in merchandise, apparel, comic strips, digital media, original stories, posters and other artwork. How can I protect my character and character name from being used by other businesses or... View More
answered on Oct 8, 2022
The cartoon character can be the subject of a copyright registration, and its name can be a registered trademark.
You should register the copyright of a set of drawings that show the character in various poses from different angles.
Then, if the name of the character is novel and... View More
answered on Sep 22, 2022
This depends on other circumstances such as similarity of goods or services you would like to offer under MyNirvana. It also depends on the territory in which you would like to use your company name and in which the word Nirvana is registered as trademark.
I would highly recommend you to... View More
I do post content relative to their service/product but I can remove or change it. I also added “Not affiliated with business name” in the bio.
answered on Aug 8, 2022
This question lacks sufficient detail to provide a meaningful answer. These types of demands are rather frequent and they are always very fact-specific. Sometimes those demands are warranted and sometimes not. The most important question here is whether the company that sent you that demand can... View More
answered on Aug 1, 2022
U.S. federal trademark application No. 88/894,416 ( for the mark DR. D'S REMEDIES " GIVING LIFE TO LIVES" and design) was abandoned on February 16, 2021 for failure to respond to the USPTO's Office Action (an official letter asking to make changes or refusing to register a mark... View More
only, not the software itself - without compensation to or permission of software seller?
answered on May 3, 2022
There is not a patent question here. This is a question of your end user agreement and possibly copyright law.
This will include soft and hard baits, fishing rods, fishing accessories, and apparel.
answered on Apr 30, 2022
There is a live registration for SOULSNATCHAS (phonetic equivalent) in the category for apparel, another for SOUL SNATCHER in the category for adult sexual stimulation aids, and a pending application for SOUL SNATCHER in an apparel-related category, so those would preclude new registrations in... View More
answered on Mar 22, 2022
There are options to revive an abandoned mark, but it is likely at this point that you would need to file a new trademark registration application if you now intend to use it in relation to the sale of a product or service in interstate commerce.
Contact a trademark lawyer to discuss your... View More
Will trademark history be publicly visible?
answered on Jan 24, 2022
You need to consult with an attorney to map out your best strategy!
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