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Trademark Questions & Answers
Q: Am I able to use the word Thieves by Young Living in a different mark drawing font for my own business of cleaners?
Ahaji Kirk Amos' answer
I don't have enough information to help you. You may want to have a consultation with an attorney.
I don't have enough information to help you. You may want to have a consultation with an attorney.
Q: I bought the domain superhost.co and want to name my company superhost LLC in PA. Violating the airbnb superhost TM?
Ahaji Kirk Amos' answer
Maybe. The standard is the likelihood of confusion. Two companies may register and use the same words as their trademark and not be infringing if there is not a likelihood of confusions between the two uses. There is alot of information on my website on the topic.
Maybe. The standard is the likelihood of confusion. Two companies may register and use the same words as their trademark and not be infringing if there is not a likelihood of confusions between the two uses. There is alot of information on my website on the topic.
Q: In marketing, can we mention that our products were previously sold under a trademarked brand name?
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local intellectual property attorney to review all the facts of the situation and advise you if the large company might take any action against you if you do that.
Use the Find a Lawyer tab to retain a local intellectual property attorney to review all the facts of the situation and advise you if the large company might take any action against you if you do that.
Q: Can I use the name nex and trademark it for use in the e-cigarette/ dietary supplement classes?
1 Answer
| Asked
in
Copyright, Intellectual Property and Trademark
for
Pennsylvania
on
Answered on Apr 19, 2019
Answered on Apr 19, 2019
Peter N. Munsing's answer
You need to find out if someone else is using it. The Navy PX is called NEX and would have at least a service mark if not a trademark. There would be a problem if a Court found there was confusion. So I think unless you get their permission that isn't likely but I would suggest you contact a Trademark attorney before giving up hope.
You need to find out if someone else is using it. The Navy PX is called NEX and would have at least a service mark if not a trademark. There would be a problem if a Court found there was confusion. So I think unless you get their permission that isn't likely but I would suggest you contact a Trademark attorney before giving up hope.
Q: How does this case look for the defendant James
Matthew Williams' answer
There’s nowhere near enough information in this question for anyone to answer it intelligently.
There’s nowhere near enough information in this question for anyone to answer it intelligently.
Q: If I created a design/logo for shirts. Should I get copy right, trademark or both? Another ? added to more infor section
1 Answer
| Asked
in
Copyright, Intellectual Property and Trademark
for
Minnesota
on
Answered on Apr 18, 2019
Answered on Apr 18, 2019
Sean Erin Serraguard's answer
Based on the facts we have, it sounds like a trademark. Specificaly, it sounds like two trademarks, a word (standard character) mark containing just the characters and a design (special form) mark containing the logo. Remember that trademarks/service marks are for distinguishing goods and services. Copyrights are for protecting works of art, writing and other creative goods. If you are treating this design as a logo, then trademark. Changing color or font may affect the design mark,...
Based on the facts we have, it sounds like a trademark. Specificaly, it sounds like two trademarks, a word (standard character) mark containing just the characters and a design (special form) mark containing the logo. Remember that trademarks/service marks are for distinguishing goods and services. Copyrights are for protecting works of art, writing and other creative goods. If you are treating this design as a logo, then trademark. Changing color or font may affect the design mark,...
Q: Is the term "Food Revolution" trademarked?
Joseph Jaap's answer
A trademark can be registered with the US Patent and Trademark Office, with any of the states, or with foreign countries. You can easily check the databases of any of those to find out if it has been registered. But there is no requirement to register a trademark. Many famous trademarks have not been registered. And even if a trademark is not registered, it still has legal protection under federal and state law, and an infringer can be held liable. So finding out that a trademark has been...
A trademark can be registered with the US Patent and Trademark Office, with any of the states, or with foreign countries. You can easily check the databases of any of those to find out if it has been registered. But there is no requirement to register a trademark. Many famous trademarks have not been registered. And even if a trademark is not registered, it still has legal protection under federal and state law, and an infringer can be held liable. So finding out that a trademark has been...
Q: how do i get around a trade mark in a description text?
Ahaji Kirk Amos' answer
You can't use that phrase as it is owned by someone else. There's no way to get around it other than asking for permission to use it and being approved.
You can't use that phrase as it is owned by someone else. There's no way to get around it other than asking for permission to use it and being approved.
Q: hey i am wondering if it is illegal to make a video game based on pepe the frog. The trademark says ''abandoned''
Griffin Klema's answer
I've written a blog post about how to analyze abandoned patents: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/ Trademark rights are based on use. You are asking for a clearance opinion, and you can expect to budget between $500 and $1,500 for that kind of legal work.
I've written a blog post about how to analyze abandoned patents: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/ Trademark rights are based on use. You are asking for a clearance opinion, and you can expect to budget between $500 and $1,500 for that kind of legal work.
Q: Hey I want to start a brand with a brand name Amélie. How can I tell if that name is already taken?
2 Answers
| Asked
in
Copyright, Business Formation, Business Law and Trademark
for
Missouri
on
Answered on Apr 15, 2019
Answered on Apr 15, 2019
Ahaji Kirk Amos' answer
I would recommend that you have a trademark attorney like myself conduct a trademark search for you.
I would recommend that you have a trademark attorney like myself conduct a trademark search for you.
Q: Dear concerned, If the status of a trademark is "710 - Cancelled - Section 8", then it means it is free to use?
Ahaji Kirk Amos' answer
No. Trademark rights are based on use, not USPTO registration. So, you will need to make sure no one has used the mark in a confusingly similar manner prior to your use before you proceed. I have a video on this topic on my website.
No. Trademark rights are based on use, not USPTO registration. So, you will need to make sure no one has used the mark in a confusingly similar manner prior to your use before you proceed. I have a video on this topic on my website.
Q: Can you make and distribute skittle vodka?
Ahaji Kirk Amos' answer
No. The title implies and endorsement. So, you need to get permission from the owner of the skittle trademark.
No. The title implies and endorsement. So, you need to get permission from the owner of the skittle trademark.
Q: How much does an application for a patent and trademark for an industrial process cost.
2 Answers
| Asked
in
Patents (Intellectual Property) and Trademark
for
Colorado
on
Answered on Apr 14, 2019
Answered on Apr 14, 2019
Peter D. Mlynek's answer
A patent costs around $20,000. It could be as little as $10,000, or as much as $40,000 or more.
A trademark will cost about around $800 to $1500 to get.
A patent costs around $20,000. It could be as little as $10,000, or as much as $40,000 or more.
A trademark will cost about around $800 to $1500 to get.
Q: I have my trademarked MargaretesFine Chocolates inc in name 10 years ago an has been renewed a few weeks ago,
Ahaji Kirk Amos' answer
I'm not sure what your question is.
The standard for infringement is the likelihood of confusion.
I'm not sure what your question is.
The standard for infringement is the likelihood of confusion.
Q: Can I add “services” at the end of my business name to eliminate I fringement?
1 Answer
| Asked
in
Business Law, Copyright and Trademark
for
New Jersey
on
Answered on Apr 12, 2019
Answered on Apr 12, 2019
Ahaji Kirk Amos' answer
The standard for infringement is the likelihood of confusion. So, your assumption is correct. There is room.
The standard for infringement is the likelihood of confusion. So, your assumption is correct. There is room.
Q: Do I need to change my business name?
Ahaji Kirk Amos' answer
I would recommend that you change your name to avoid future disputes. The standard for trademark infringement is a likelihood of confusion. Sounds like that is a possibility. Now, if you were using the trademark before the date of first use of the registered mark, you may want to seek cancelation of the trademark.
You can schedule a consultation with more or learn more about cancelations on my website: https://www.ahajiamos.com.
I would recommend that you change your name to avoid future disputes. The standard for trademark infringement is a likelihood of confusion. Sounds like that is a possibility. Now, if you were using the trademark before the date of first use of the registered mark, you may want to seek cancelation of the trademark.
You can schedule a consultation with more or learn more about cancelations on my website: https://www.ahajiamos.com.
Q: Is the quote "I'm Your Huckleberry" trademarked or copyrighted?
Griffin Klema's answer
The answer to your question isn't that simple. The scope of others' trademark rights are based on "likelihood of confusion." That means even if your slogan is not already trademarked by someone else, something similar may lead to trademark infringement liability. For example, one person ran into problems trying to register that phrase (serial no. 87288007) because a similar registered mark existed (serial no. 86481725) for "I'LL BE YOUR HUCKLEBERRY". I recommend you get a clearance opinion...
The answer to your question isn't that simple. The scope of others' trademark rights are based on "likelihood of confusion." That means even if your slogan is not already trademarked by someone else, something similar may lead to trademark infringement liability. For example, one person ran into problems trying to register that phrase (serial no. 87288007) because a similar registered mark existed (serial no. 86481725) for "I'LL BE YOUR HUCKLEBERRY". I recommend you get a clearance opinion...
Q: How can I take control of an abandoned trademark?
Griffin Klema's answer
Well, you don't. Trademark rights are acquired by use. A REGISTRATION is not the source of the trademark RIGHT, using a mark crates the right. So the fact that a registration is abandoned doesn't mean you can't acquire trademark rights, and you don't simply take over a dead application. I've written a detailed post on how to evaluate abandoned trademarks: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/
Well, you don't. Trademark rights are acquired by use. A REGISTRATION is not the source of the trademark RIGHT, using a mark crates the right. So the fact that a registration is abandoned doesn't mean you can't acquire trademark rights, and you don't simply take over a dead application. I've written a detailed post on how to evaluate abandoned trademarks: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/
Q: Hi, My company is called Seacoast House Cleaning, is that infringing on company with the trademark Seacoast Cleaning
Griffin Klema's answer
You need to engage a lawyer. You don't want an opinion expressed here publicly. There may be ways to oppose their claim or reach a mutual agreement, but these matters should be discussed confidentially. I would be pleased to evaluate your case further free of charge. 202-713-5292.
You need to engage a lawyer. You don't want an opinion expressed here publicly. There may be ways to oppose their claim or reach a mutual agreement, but these matters should be discussed confidentially. I would be pleased to evaluate your case further free of charge. 202-713-5292.
Q: My dad had a trade mark on macho nacho it says status canceled does that mean it’s not in effect any more!?
Griffin Klema's answer
If your dad's mark has a status of "cancelled" that means the registration is no longer valid. It may mean it has lapsed, or has been canceled as a result of an opposition or lawsuit. But, trademark rights are based on use, so that doesn't mean there are no trademark rights. (These are called common law trademark rights.) A registration is evidence of a claim to trademark rights, and is not the source of the right itself.
If your dad's mark has a status of "cancelled" that means the registration is no longer valid. It may mean it has lapsed, or has been canceled as a result of an opposition or lawsuit. But, trademark rights are based on use, so that doesn't mean there are no trademark rights. (These are called common law trademark rights.) A registration is evidence of a claim to trademark rights, and is not the source of the right itself.
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