Jason Brooks' answer I would start with HBO's licensing & retail department. A Google search should point you in the right direction. My firm handles these kinds of deals regularly - if you would like assistance, feel free to email me at: Jason@altviewlawgroup.com
John Martin Hilla's answer You should speak with a trademark attorney in private consultation. A trademark protects consumers from confusion as to the source and quality of a product or service, and trademarks are registered, therefore, for that purpose. In other words, it's your use of the trademark in interstate commerce to identify the manufacturer and source of a particular service or product that you are protecting, not the "logo" itself as a design. That's the province of copyright law, not trademark....
Answered on Jan 29, 2019
John Martin Hilla's answer It never expires so long as it remains in use in interstate commerce (presuming we are talking about a Federally registered trademark). Once a trademark is registered, you are required to file a Statement of Use and ongoing Renewals every 10 years to maintain the trademark. You must police new marks registered and new applications filed to ensure that your mark is not weakened by encroaching marks from other registrants, and so on.
Retention of a good trademark attorney is essential to...
John Martin Hilla's answer Yes. The issue is whether consumers will be likely to be confused by the same name. If they are totally different products sold in totally different geographic regions in totally different channels of trade, there could be no likelihood of confusion, and the separate trademarks might be so registered.
However, this is a very fact-specific consideration, and, if you are planning on using a brand that has already been trademarked, you should consult a trademark attorney to discuss your...
John Martin Hilla's answer You should discuss with a trademark attorney. A trademark attorney will, as the first step of the service provided, conduct a thorough search of the Federal trademark register, state registers, domain names in use, and other common law usages of the term to find out if anyone is already using that term in commerce. The attorney will then inform you of the risk (or lack thereof, if you're lucky) involved in filing a trademark application for that term and discuss with you the optimal timing of...
Jason Brooks' answer You may still be able to register the trademark for use In Class 41 (Entertainment Services) with your scope of services limited to something like music production/distribution; but it really depends on the Summer Camps's mark - i..e how are they using it? What class are they registered in? etc.
If you want to email me, I'd be happy to review and discuss your options - Jason@altviewlawgroup.com
Answered on Jan 23, 2019
John Martin Hilla's answer You should consult with a trademark attorney in a private consultation to discuss your question. On the surface of your question, you are right to harbor concerns about that proposed mark--and you are definitely right in your instinct that it is something to explore before filing a trademark registration application or even choosing to brand your business in that manner.
Jason Brooks' answer You can register both your service mark and your design mark (logo) at the same time, but each is treated as separate registration applications and evaluated independently (and subject to their own registration fees).
John Martin Hilla's answer It's possible, sure, and the USPTO has a lot of information on its website designed to inform applicants to the process required to do so.
However, as with anything, you always run the risk of getting what you pay for. Everything is easy until it doesn't go well. With a trademark, this means opposition from another registrant, an Office Action from the USPTO examiner assigned to your file, cancellation post-registration because you failed to properly maintain your mark, and a host of...
John Martin Hilla's answer Contact a trademark attorney to discuss your matter and your needs. Trademark is a Federal practice area, and any attorney barred in any state or the District of Columbia may assist you.
Griffin Klema's answer Fascinating hypothetical. The answer probably depends on a few things: Was the tattoo a reproduction of another artist's creation, or based on an existing trademark? If so, have those rights now lapsed or terminated? Was the tattoo a part of the film's original creative makeup? If so, has the studio's rights in the art lapsed or become abandoned? How different is your logo from the original source tattoo?
So, if you really need to know the answer because a new business venture depends...
Griffin Klema's answer Trademark rights are based on use, but a registration can be very helpful. If you need assistance evaluating if you can get a trademark (i.e. have clearance to use the mark), or need assistance getting a trademark (whether federal or state), contact a lawyer who specializes in such matters. I have handled many trademark applications and offer flat fees so that clients can structure their budgets appropriately. Good luck!
John Martin Hilla's answer If using any unique signifier from any pre-existing source (Harry Potter novels/movies, in this case), I would indeed worry about that.
Your first step before committing to that brand is to consult with a trademark registration attorney who, will be able, in addition to registration process services, also be able to assist you with a comprehensive search of existing registered trademarks in the Federal database, state-based and common law marks, and other brands, domain-names, and...
John Martin Hilla's answer Trademark registration is different than copyright registration in that the purpose is protect consumers' expectations of a product or service's source and quality. It does not protect the registrant's "creative ownership" of a phrase or design, etc.
If "Cooper" has been registered for a different product or service than the publishing of books, registration is possible. (For example, there is the mortgage service "Mr. Cooper," formerly known as Ditech.)
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