Trademark Q&A by State
Your current state is Virginia
Trademark Questions & Answers
Q: How do I find out about a will from my great grandfather??
He was an inventor and patented at least 2 machines that I no of. How can I did out about patents payments inherited residual or my rights???
If you are the Court appointed Personal Representative of his estate, then you have authority to
contact the Patent Office or you can engage counsel or a search service. Also, you will be able to
review his tax returns, and financial and all other records.
Q: If we want to trademark "Feel Good Skin Care," is Aveeno Feel Good Skin too close to be able to get a trademark?
it depends on the classes they're using the mark for and the ones you're planning on using the mark for. If it's for the same goods/services and they've been using the mark longer, then it would be an issue. You should consult a trademark attorney.
Q: Question re: intellectual property (software, trademarks), closing a CA LLC partnership, and marital property and debt.
I want to hire someone for legal advice but don't know what type attorney I need.
I had my own IT business prior to marriage. While married I formed a CA LLC partnership with then husband and a family member of his.
I filed for divorce and it went through uncontested, but the LLC... Read more »
you need a business attorney and possibly a family lawyer as well.
Q: I took a picture of our Sony camera to use on our website. Do I need permission to use this?
It is an original photo that I took to use as a header on our church website and the name, "Sony" is in view on the side of the camera
You don't need permission to use your own photo. However, depending on what your website is about, it would be best to avoid displaying someone else's trademark.
Q: My Trademark has been denied because the name of our Company is "descriptive of the product we are selling".
If I add our logo will the trademark then be approved or do I need to add something to the name itself?
Usually when the refusal to register is based on descriptiveness, the examining attorney includes a description of some options that are available to you. Apparently you have not considered these options.
If you add the logo or something else, the mark being considered is no longer the... Read more »
Q: We would like to use the words, "We Will Rock You", on our band's show shirt for our Killer Queen Show. Is it allowed?
Nobody but the owner can tell you it is "allowed." If you do it without the owner's permission, the owner can sue you for trademark or copyright infringement if it finds out about it. The court would then decide if what you did infringed, based on all the facts.
Q: Please let me the process and needed documents to get tradmark.
Sir, would you tell me the process for getting trademark, and required documents. and how much time it take to get it.
Trademark applications for US registration are filed online via USPTO.org -- for a new registration, the costs are $275 per mark, per "class", plus whatever service fees your lawyer or service agency charges (if you choose to use assistance) -- It's possible to prepare the application yourself, but... Read more »
Q: How much does a trademark cost? Is there an annual fee?
I see a cartoon character, Thundarr the Barbarian may currently not be trademarked by anyone.
Ookla the Mok say, "Doesn't mean character not in use commercially or protected by US copyright law."
It is always best to create an original brand name, tag-line, or logo.
Q: Hello, If I see a trademark name has expired and not been renewed, can I claim that ?
See information on Durysta
Technically, yes -- but you have to understand that "claiming" the mark is not the correct description -- you have the right to prepare and file a new registration application with the USPTO and go through the entire registration process for the mark you'd like to claim. This process requires the... Read more »
Q: TM search & no results, google search showed 2 others with Instagram accts w/ same name
The 2 hits on google were Instagram accts; one created last month and the other 4/2017. I started mine late 2016 early 2017. One is a graphic designer who created a logo for a "client" but then this month after contacting me about same name, listed shirts for sale on his Instagram acct. The other... Read more »
Respectfully, you seem to be seeking the assurance of an attorney that your proposed trademark is "safe" for purposes of a trademark registration application without actually hiring or paying for an attorney--and without disclosing what that proposed mark actually is.
You are not going to... Read more »
Q: Can I withdraw from a partnership LLC but keep trademarks? Moving from CA to AZ.
I was a sole proprietor consultant and developed a software application, then got married. My then-spouse and I reorganized as a partnership LLC in CA. I don't think we have an operating agreement.
We are equal partners with his mom being a 2% partner, but I do all the actual work of the... Read more »
If the application(s) for the trademarks' registration filed with the USPTO lists the LLC as owner, the LLC remains the owner regardless of your LLC's status, dissolved or otherwise.
The LLC will need to transfer ownership to you or your new entity. You should consult a California business... Read more »
Q: Can I use a word that is part of a trademarked phrase for my artist name when I release music?
The word is (Lyoko) and is part of the trademarked phrase "Code Lyoko". The trademark for Code Lyoko does not include music production or releases, so does this mean I would be okay because it's a different industry?
Your best bet is to come up with a name or brand this is totally unique and original. However, you should discuss your proposed trademark with a knowledgeable trademark attorney.
Most trademark attorneys practice nationally, so you should feel free to discuss your artist name with an... Read more »
Q: How do i find out what classes to register my trademark under for a cosmetic company?
Your best avenue to a successful Federal trademark registration is to, first, schedule a knowledgeable trademark registration attorney, and, second, to retain that attorney or another such attorney to draft your application for you, utilizing information you provide not only regarding your current... Read more »
Q: Can I get stuck in trademark infringement issues from a different industry?
I have a comic book series that I'm currently writing. I have a title in mind and did a search on existing trademarks. I found one conflict exists for a brand of beer with the same name under classification 32. Considering they're in completely different industries, what are the issues, if any,... Read more »
If you use another company's name, brand, logo, mascot, etc. in a way that could cause consumer confusion (lead customers to think your product is affiliated with the company or officially licensed by the company with the same name) then you can be sued for trademark infringement. So, the key... Read more »
Q: When if I had a brand name, and someone else is using it now. I can prove it.
I also had the same brand name for pod cast
What do you mean by "have a brand name?" If you have a product or service you provide under the brand name there might be an issue to consider. If you happen to have a name that you wrote down and nobody else knows about it there might not be anything protectable there. You can usually get better... Read more »
Q: Do I need permission to organize an event with a "where's Waldo" theme? Does this infringe on the current copyrights?
If you use images of Waldo and other recognizable features of the books, then yes, it would infringe the copyright. Getting permission might be difficult to track down the owner. The book publisher might have the rights, or the author might have retained them. Use the Find a Lawyer tab to retain... Read more »
Q: Does “abandonment” mean this company is no longer trademarked and is able to be claimed by someone else ?
An abandoned mark is no longer registered within that particular class, so yes it’s available to another registrant but you’ll still have to prepare and file a new registration application with the USPTO to claim the mark.
Q: I would like to trademark a name for clothing, jewelry, mirrors, etc.How do I start this process?
Is there a website to start this or do I need a lawyer?
You will need to prepare and file a trademark registration application through the US Patent and Trademark Office — uspto.gov
While It’s possble to handle this process on your own, retaining an attorney is highly recommended to ensure the application is prepared properly. If you’d... Read more »
Q: Hello. Any info on this case here? Thanks. Doggie Dental Inc., et al., v Max_Buy, et al.; Case No. 19-cv-746
I do not know about this particular case but this is how you can find out the current status and periodically monitor the case.
Most (I hope all) federal courts participate in a system called PACER. https://www.pacer.gov/ You can get a PACER account and see the docket (a list of filings... Read more »
Q: I have a trademark under an LLC that was closed 6 years ago, trademark is still valid.
What is easiest way to get tradmark back?
The question in your case is whether the trademark was registered by the LLC or by you (or someone else), personally--and whether the mark is still in use in interstate commerce.
Depending on the situation, the trademark may be assignable to you
You should consult a trademark... Read more »
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