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Trademark Questions & Answers
Q: I wanted to file a trademark called Fitwise for wristband but it says one is already there under Clothing
Ali Ebrahimzadeh, Esq.'s answer
Being tricky with the category is not the answer here. You should make sure you have a creative trademark that is not apt to cause brand confusion among typical consumers. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA,...
Being tricky with the category is not the answer here. You should make sure you have a creative trademark that is not apt to cause brand confusion among typical consumers. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA,...
Q: if I was to start a music label could I use the name Universal Digital Group or would that conflict with Universal music
2 Answers
| Asked
in
Business Law, Copyright, Business Formation and Trademark
for
California
on
Answered on May 24, 2017
Answered on May 24, 2017
Walker Weitzel's answer
The test for infringement under Trademark Law looks at the likelihood of confusion for an ordinary consumer. You would ask whether an ordinary consumer is likely to be confused over the provenance of a product or service. Trademarks are product-specific, which is why there can be a Klein Honda as well as a Klein bicycle brand without there being a likelihood of confusion. In your case, however, it seems as though you would be in the exact same product space, and it would be very likely that a...
The test for infringement under Trademark Law looks at the likelihood of confusion for an ordinary consumer. You would ask whether an ordinary consumer is likely to be confused over the provenance of a product or service. Trademarks are product-specific, which is why there can be a Klein Honda as well as a Klein bicycle brand without there being a likelihood of confusion. In your case, however, it seems as though you would be in the exact same product space, and it would be very likely that a...
Q: Here's a question-
1 Answer
| Asked
in
Copyright, Intellectual Property, Trademark and Employment Law
for
New York
on
Answered on May 22, 2017
Answered on May 22, 2017
Ali Ebrahimzadeh, Esq.'s answer
I don't hear an IP violation here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does...
I don't hear an IP violation here. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does...
Q: I started a video game news/blog site. Can I legally use screenshots and game images found online when writing on them?
1 Answer
| Asked
in
Copyright, Intellectual Property and Trademark
for
New Hampshire
on
Answered on May 21, 2017
Answered on May 21, 2017
Will Blackton's answer
To answer your question directly: No, it would not be legal to use screenshots and game images found online when writing for your video game news/blog site.
If you're going to repost screenshots of images created by video game publishers without their permission, you are opening up liability for a copyright infringement lawsuit. Depending on the use, you may have a fairly strong argument that your use qualifies as "fair use," however, fair use is a defense to a copyright infringement...
To answer your question directly: No, it would not be legal to use screenshots and game images found online when writing for your video game news/blog site.
If you're going to repost screenshots of images created by video game publishers without their permission, you are opening up liability for a copyright infringement lawsuit. Depending on the use, you may have a fairly strong argument that your use qualifies as "fair use," however, fair use is a defense to a copyright infringement...
Q: Do I need to purchase a license or rights to perform as a Disney Character for commercial purposes?
1 Answer
| Asked
in
Copyright, Intellectual Property and Trademark
for
California
on
Answered on May 16, 2017
Answered on May 16, 2017
Ali Ebrahimzadeh, Esq.'s answer
Yes, you must request a license from Disney. Contact their corporate offices.
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC...
Yes, you must request a license from Disney. Contact their corporate offices.
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC...
Q: Hello I wish to renew my trademark. I registered it in 1994 MANALE - Trademark Details Status: 710 - Cancelled -
Barry Eran Janay's answer
Easiest thing would be to do a new application and explain in a note that you are reviving the cancelled one and either never discontinued use or discontinued use for a period but started using again. More specifics could be helpful and you can always look on the USPTO website which has a ton of information for this particular and similar circumstances.
Easiest thing would be to do a new application and explain in a note that you are reviving the cancelled one and either never discontinued use or discontinued use for a period but started using again. More specifics could be helpful and you can always look on the USPTO website which has a ton of information for this particular and similar circumstances.
Q: Can I place licensed toys inside of bath bombs for sell If I don't use any identifying marks/logos?
1 Answer
| Asked
in
Copyright, Intellectual Property and Trademark
for
Georgia
on
Answered on May 11, 2017
Answered on May 11, 2017
Q: If I created Itty Bitty Bites and its now abandoned by Earth Fare, can I claim it?
Griffin Klema's answer
It probably depends on if you had an employee agreement with the company, or whether you assigned your rights to the company.
Even if the company "mothballed" the program, your status as a former employee could complicate your desire to use the exact same marks (or other intellectual property) because the company may feel betrayed or threatened if it learns about your reviving the program yourself now that you left the company. But, if the marks are formally abandoned with the USPTO,...
It probably depends on if you had an employee agreement with the company, or whether you assigned your rights to the company.
Even if the company "mothballed" the program, your status as a former employee could complicate your desire to use the exact same marks (or other intellectual property) because the company may feel betrayed or threatened if it learns about your reviving the program yourself now that you left the company. But, if the marks are formally abandoned with the USPTO,...
Q: Is a trademark usable if the status is Abandoned?
Griffin Klema's answer
Probably, yes. A primary element of trademark law is active use.
If the mark is abandoned (formally with the USPTO), then it's a pretty safe bet that you can use it without running into infringement issues--at least with respect to that registration. And assuming the mark is eligible for trademark protection, you might even be able to register the mark yourself if you intend to use it, or are already using it in commerce.
At the state level, check with a Louisiana licensed...
Probably, yes. A primary element of trademark law is active use.
If the mark is abandoned (formally with the USPTO), then it's a pretty safe bet that you can use it without running into infringement issues--at least with respect to that registration. And assuming the mark is eligible for trademark protection, you might even be able to register the mark yourself if you intend to use it, or are already using it in commerce.
At the state level, check with a Louisiana licensed...
Q: I want to name and trademark my new company but the twitter handle for exact this name is already taken.
2 Answers
| Asked
in
Business Formation, Civil Litigation, Intellectual Property and Trademark
on
Answered on May 10, 2017
Answered on May 10, 2017
Griffin Klema's answer
Maybe. The real question I think you are asking is whether you have any legal right to force the owner to give you the Twitter handle.
You could always negotiate privately with the owner to transfer the handle to you, which is what I would recommend before your business becomes more visible and successful. If the owner isn't active, you don't appear to have deep pockets, and there's a small financial incentive for the owner, he/she may be willing to part with it for little to no...
Maybe. The real question I think you are asking is whether you have any legal right to force the owner to give you the Twitter handle.
You could always negotiate privately with the owner to transfer the handle to you, which is what I would recommend before your business becomes more visible and successful. If the owner isn't active, you don't appear to have deep pockets, and there's a small financial incentive for the owner, he/she may be willing to part with it for little to no...
Q: can you trademark the great lakes silhouette?
Griffin Klema's answer
Maybe. The full answer depends on whether the USPTO considers the mark to be geographically descriptive, or whether that silhouette has been altered in a way that makes it more unique, such as incorporating other graphics, altering the outlines (e.g. stylized edges), incorporating lettering, etc. For example, look at trademark registration no. 4885070 by searching for it on TESS (http://tmsearch.uspto.gov).
Now, if a graphic/logo has acquired "secondary meaning," then it might be...
Maybe. The full answer depends on whether the USPTO considers the mark to be geographically descriptive, or whether that silhouette has been altered in a way that makes it more unique, such as incorporating other graphics, altering the outlines (e.g. stylized edges), incorporating lettering, etc. For example, look at trademark registration no. 4885070 by searching for it on TESS (http://tmsearch.uspto.gov).
Now, if a graphic/logo has acquired "secondary meaning," then it might be...
Q: I have a trademark for the same name and same class but different goods
Ali Ebrahimzadeh, Esq.'s answer
It may be wise to be more creative to avoid possible IP infringement claims.
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in...
It may be wise to be more creative to avoid possible IP infringement claims.
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in...
Q: My company has the names "AVO" and "AVO.cado" trademarked, but a company has recently used the name "AVO.co", can I sue?
Barry Eran Janay's answer
Depends on whether you are in the same industry, have potential customer overlap, and whether the use is likely to cause confusion in the marketplace.
Depends on whether you are in the same industry, have potential customer overlap, and whether the use is likely to cause confusion in the marketplace.
Q: Why can't I find a trademark that labeled as registered on the USPTO web search?
Barry Eran Janay's answer
I believe you mean "proposed" and not "purposed." I cannot fully understand your question so here are some general statements:
1) a registered trademark confers on the registrant a presumption of ownership over the mark.
2) the nature, scope, and strength of the registered mark is dependent largely on how famous the mark has become, what industry or industries the product or services associated with the mark are in, and whether the name is commonplace.
Without more...
I believe you mean "proposed" and not "purposed." I cannot fully understand your question so here are some general statements:
1) a registered trademark confers on the registrant a presumption of ownership over the mark.
2) the nature, scope, and strength of the registered mark is dependent largely on how famous the mark has become, what industry or industries the product or services associated with the mark are in, and whether the name is commonplace.
Without more...
Q: I would like to tradmark a name. Let me know if anyone can help.
Mark Siegel's answer
I offer a no obligation 20 minute consultation. Yes, depending upon the particular facts, if not already taken, you may register a federal trademark. You may also register your logo.
I offer a no obligation 20 minute consultation. Yes, depending upon the particular facts, if not already taken, you may register a federal trademark. You may also register your logo.
Q: How do i begin the trademark process?
Nancy L Lanard's answer
It sounds like you are asking how to register a trademark with the U.S. Patent & Trademark Office. Although uspto.gov does have instructions for filing. However, this can be a difficult legal process that should start with a nationwide trademark search and then filing in the proper category. I strongly suggest that you retain experienced counsel to handle this for you. The process is lengthy - typically 9 months or more.
It sounds like you are asking how to register a trademark with the U.S. Patent & Trademark Office. Although uspto.gov does have instructions for filing. However, this can be a difficult legal process that should start with a nationwide trademark search and then filing in the proper category. I strongly suggest that you retain experienced counsel to handle this for you. The process is lengthy - typically 9 months or more.
Q: Is using this already tradmarked name not a good idea although totally different products/classifications?
Ali Ebrahimzadeh, Esq.'s answer
Is there a likelihood for confusion? How similar are the names?
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following...
Is there a likelihood for confusion? How similar are the names?
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following...
Q: "Kiss My Skin" is my name for soaps, oils , body oils, bath salts, massage oil. can it work?
Ali Ebrahimzadeh, Esq.'s answer
You may encounter a trademark complaint. Why not be more creative to differentiate your company?
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in...
You may encounter a trademark complaint. Why not be more creative to differentiate your company?
See: http://www.aeesq.com/business-law/intellectual-property-attorney/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in...
Q: I want to start selling private label Hot sauce and salsa. I want to use my last name with the word salsa or hot sauce
1 Answer
| Asked
in
Business Formation, Business Law and Trademark
for
Pennsylvania
on
Answered on Apr 19, 2017
Answered on Apr 19, 2017
Nancy L Lanard's answer
You do not need to have a trademark to sell. However, the federal trademark does protect the name so others cannot come in and copy it. I would also recommend that you copyright your recipe for the sauce. Good luck!
You do not need to have a trademark to sell. However, the federal trademark does protect the name so others cannot come in and copy it. I would also recommend that you copyright your recipe for the sauce. Good luck!
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