Your current state is Virginia
Will trademark history be publicly visible?
You need to consult with an attorney to map out your best strategy!
I wrote a book in 2007 with my husband but we never published it. It has "That's not my" in the title. We sent a registered copy of it to ourselves in a still unopened envelope. We're not sure of the trademark rules and would be grateful for advise of whether or not we would... Read more »
Titles of books are not copyrightable by themselves, even though the content of the book itself is.
However, THAT'S NOT MY has been registered by Usborne Publishing Limited (UK) as a trademark for a series of children's books. For that reason, you may risk infringing that... Read more »
There is no current federal registration for the mark HMA LOVELY HOME, but there are a few registered marks with the words LOVELY HOME. To have confidence that your proposed mark would not be infringing or confusingly similar to other marks in current use, it would be necessary to know what goods... Read more »
Putting together a slide presentation on common marketing tactics and wanted to use pet food bag images as examples. Wondering if this is legal or if I should block out the names of the pet food bags.
You should probably repost it under trademark or intellectual property.
Under the Fair Use doctrine you can use a trademark without permission if the use is for educational or informational purposes; so long as it is not used for commercial purposes.
This may be a complex question, but I am trying to figure out the right way to ask.
Lets say I legally research & purchase a dead trademark and/or copyright today. Pretend it is an old obsolete cereal & the purchased logo & word is (Dazzlecorn).
Now I want the domain... Read more »
A trademark registration might have expired or been cancelled, but the owner might still have valid rights in the mark unless the owner has "abandoned" the mark. If another person begins using it, the owner can claim infringement. Whether the mark was abandoned would be determined by... Read more »
You need to consult with an attorney to determine your risk.
My art wouldnt be a copy and paste situation. For example, Its more or less a 3d sock puppet that looks like superman.
Generally speaking, you need to be careful when tying to use copyrighted pictures, images, characters, or real living third party persons in your NFT's. I know this is a new area of technology, but traditional principles of copyright law still exist. Unless you are making a COLLAGE, for... Read more »
Trademarks are "owned" as intangible property by the person or business using them in commerce to identify the source of the goods or services. If the trademark owner sells its business, the trademark rights are generally transferred to the buyer as "goodwill" along with the... Read more »
I would like to buy some domains in the future.
I know that my domain can not use some trademark registered by other company. Otherwise it would be illegal.
Let's say: WWW.MYEBAY.COM
Ebay is a registered trademark so I can not use that word in my domain.
But... Read more »
A lot will depend on what is the product or service you are promoting at your website and how much of a zelot is the rightful owner.
You should consult with an attorney.
You probably should not do it.
is the Figurella Method a registered trademark? Can I open a business that does the same type of Figurella business under a different name? Should I modify something in the method to avoid any legal complications?
You need to hire an attorney to conduct a research for you and give you advice accordingly. Without more information, it is impossible to know the answers.
My company helps military veterans with their benefits and provides counseling for them to make sure they are receiving the maximum benefits they are entitled to. Would it be against the law if I bought a domain such as www.selectiveservice.com (Just a random example not the actual domain) and... Read more »
The names of government agencies and programs are essentially trademarks or service marks, and are infringed if private entities promote goods or services with confusingly similar names.
I sell skincare. She sells weight loss tea. She trademarked a name that is similar to mine. I am first in use with sales in skincare. She is first in use with a category that she didn’t even register under the trademark and has no proof anywhere that she intends to sell in my category. She is... Read more »
The Trademark Modernization Act (TM Act) went into effect December 27, 2021. Under it, anyone can file a petition to expunge or reexamine a registration on the grounds that the mark was not actually in use at the time the registration was issued. I wrote an article about it here:... Read more »
In theory, the answer is simple: no, you can't use the mark. However, there are other considerations. Let's assume you're referring to the mark at https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:hzp18o.2.2
* Are your goods/services in the same class as the... Read more »
I did a public notice. I registered it under my corporation which I’ve had since 2011. Our first name is similar our second name is different. But she trademark things that she’s not even selling that I am offering with my logo and name attached to it online with a presence. What can be done!
Your question is unclear thus difficult to answer. If you have a federal registration for a trademark, it can be enforced against an infringer whose use is confusingly similar for the same goods/services. You should consult an experienced trademark attorney to review the matter.
The name I will be using is “Digitone”. Needing to make sure this doesn’t compete with trademarks under the name that are already in use. As I will not be making products that compete with these said companies that currently hold the trademarked name which seem to be around 5+ companies.
You certainly can use an alias or stage-name for your musical career. That name can also be registered as a trademark under the right circumstances.
I am a former professional musician-turned-trademark lawyer, and I specialize in assisting musical artists across the country with trademark... Read more »
The name I will be using is “Digitone”. Needing to make sure this doesn’t compete with trademarks under the name that are already in use. As I will not be making products that compete with these said companies that currently hold the trademarked name which seem to be around 5+ companies.
Yes, you can use a stage name that is a word or phrase that already exists in another line of business. Trademarks and, more generally, the words and phrases you use to distinguish your performances, are subject to a broad legal test that focuses on likelihood of confusion. The confusion in... Read more »
No pity self inflicted
The application (serial number 86066606) to register NO PITY SELF INFLICTED was abandoned in 2014, for failure to respond to an action from the trademark examiner. It cannot be revived. If you still want to use and register the mark as before, you should consult an experienced trademark attorney... Read more »
I purchased a replica wrestling belt, and I was wanting to take a high resolution picture, upload it to my PC, and digitally through an art program to make an altered and custom version of the belt, and use that new image on a shirt to sell. I was wondering if that was something I can get in... Read more »
It is possible that you would be infringing on the trademark of the issuer of the belt (World Wrestling Federation, etc.). it is also possible that you would be infringing on the copyright of the designer of the original belt.
It is best to consult with an intellectual property attorney to... Read more »
I want to know if this name is fully trademarked by any companies. I want to use it as a superhero name but I'm not sure. And if there are any loopholes that can get me out of any problems, that would be appreciated.
To properly determine whether a mark is free to use, you should contact a trademark lawyer to run a professional clearance search for you. A proper clearance search will review not only the registered marks on the USPTO database but also usages of the proposed mark that have not yet registered.... 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.
