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I'm considering starting a brand called "Nuke Town Skate Co." that sells originally designed clothing, skateboards, and stickers. While none of our products would visually reference Activision's "Nuketown" map, I'm concerned about potential copyright or trademark... View More 
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answered on Mar 14, 2025
A court would consider several factors when assessing whether your proposed use of "Nuke Town Skate Co." might infringe on Activision's NUKETOWN name. First would be whether NUKETOWN, as used by Activision, actually functions as a trade mark, i.e. an identifier of Activision as the... View More
I'm considering starting a brand called "Nuke Town Skate Co." that sells originally designed clothing, skateboards, and stickers. While none of our products would visually reference Activision's "Nuketown" map, I'm concerned about potential copyright or trademark... View More
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answered on Mar 14, 2025
There are multiple factors to consider. Using the name "Nuke Town Skate Co." could potentially run into trademark issues with Activision if they have "Nuketown" trademarked for merchandise like clothing, skateboards, or accessories. Even if your brand doesn’t reference the... View More
I am inquiring about the cancellation of the registration for the word "newgen" under Serial Number 77871257 and Registration Number 3929667. Could you provide information about the cancellation date or any errors involved, and whether there are options for reinstatement?
answered on Mar 13, 2025
According to the USPTO lookup of this registration number the registration was cancelled on Oct 13th, 2017 due to failure to file an acceptable Section 8 renewal with the USPTO. Due to how long the trademark has been cancelled the mark must be registered again with the USPTO with a new... View More
I want to create and sell a custom ball-shaped product similar to a "magic 8 ball," with a different color, my own logo, and 20 unique answers. I know Mattel owns the patent and the traditional answers might be copyrighted. Are there any legal issues I should be aware of before... View More
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answered on Mar 10, 2025
Based on my limited review, the patent family for Mattel's "Magic 8 Ball" patents appears to be either abandoned or expired. You can reference this here: https://patentcenter.uspto.gov/applications/10139148/continuity?application=. For patents that are abandoned or expired, there... View More
I had a trademark filed on November 11, 2011, with registration number 4318073, which expired. We have been using this trademark every day since its registration date on April 9, 2013. There have been no changes in ownership or any details of the trademark since its last registration. We were... View More
answered on Mar 10, 2025
In order to reapply for the trademark you must file a new In-Use Trademark application with the USPTO. You can file yourself using the new trademark application online or work with a trademark attorney to guide you through the process.
I am planning to start a dropshipping business using Shopify, but I have no prior experience. I specifically need guidance on handling intellectual property rights and trademarks, as well as ensuring compliance with privacy laws and data protection standards in my online store operations. What... View More
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answered on Mar 9, 2025
Starting a dropshipping business on Shopify requires careful attention to intellectual property (IP) rights and privacy compliance to avoid legal issues. Here’s what you need to consider:
Intellectual Property (IP) Rights & Trademarks
Avoid Selling Counterfeit Goods – Ensure... View More
I want to use the idea of a brand's logo on apparel that I plan to sell. I intend to change only the wording, not the design or brand elements. Is that legally permissible, and what potential issues should I be aware of?
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answered on Mar 7, 2025
Most likely if the logo is attractive, the company has established common law trade dress protection for its overall appearance. Just changing the words without changing the design could infringe on the trade dress rights and lead to a lawsuit.
I want to use the idea of a brand's logo on apparel that I plan to sell. I intend to change only the wording, not the design or brand elements. Is that legally permissible, and what potential issues should I be aware of?
answered on Mar 7, 2025
Using the idea of a brand’s logo while only changing the wording presents significant legal risks, primarily concerning trademark and copyright laws. Even if you alter the text, the overall design may still be considered too similar to the original brand’s logo, leading to potential legal... View More
I am planning to start a business from home in California, selling custom t-shirts online across multiple states. I haven’t decided on a business name yet. Should I trademark my business name, and what are the benefits of doing so?
answered on Mar 4, 2025
It is always smart to trademark your business name in order to protect your brand identity and to ensure no one else can use or infringe on your business name and brand you are building. You can file a trademark with the USPTO and it is always smart to consult a trademark attorney to guide you... View More
I want to use "jellycat" as the name for a latte at my coffee shop in New York. However, I am aware that Jellycat is the name of a plush toy business. I have not yet marketed or advertised the latte under this name and am still in the planning phase. Can I use "jellycat" for my... View More
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answered on Mar 3, 2025
You may face trademark issues using "Jellycat" for your latte. Jellycat is a well-known brand specializing in plush toys, and they likely have trademark protection for their name. Even though your use is for a coffee drink, if Jellycat holds a broad trademark or has protection in related... View More
I would like to know the steps involved in obtaining a trademark for my clothing brand name in the U.S., with the possibility of registering it internationally in the future. I don't believe the trademark is currently in use, but I'm unsure where to check this. I want to register it as... View More
answered on Mar 2, 2025
In order to file a trademark in the US for clothing you must file a Trademark Application with the USPTO in class 025. You should conduct a trademark search on the USPTO website before filing the mark. You may file an intent-to-use mark to hold begin the process to secure you rights in the... View More
I have a trademark/copyright question regarding the use of a name that a university also uses. Although I believe the university has trademarked the name, the name is related to Catholicism and is not owned by them exclusively, meaning any Catholic can use it. I plan to use the name for a... View More
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answered on Mar 1, 2025
Trade mark registrations are limited to specific goods / services for which the registrant is *actually* using the mark. A registration that claims goods / services for which the registrant does not use the mark, often can be canceled.
Assuming that the university is not in the classified... View More
I plan to name my mobile game "Spriteventure," which hints at a retro, pixel-art style. "Sprite" refers to pixelated characters in the game and does not relate to the soda brand. I've found no existing use of "Spriteventure" on the internet. I plan to monetize the... View More
answered on Feb 21, 2025
Generally, you look at the similarity of the marks and the similarity of the goods. In this case, due to the distinctions between names and the goods, there is unlikely to any issue between the two specific marks you've identified. However, it's never possible to predict with certainty... View More
I would like to trademark my personal name, which I use for my doula services and products. I operate with a specific logo that incorporates my name. The services and products are provided in both local and potentially nationwide markets. How can I proceed with trademarking my name?
answered on Feb 20, 2025
You can trademark your business logo to protect your trademark and business. To do this you must file a trademark application with the USPTO. If your mark is already in-use you can file a In-Use application, otherwise you can file an intent to use application. It is recommended to work with a... View More
I would like to trademark my personal name, which I use for my doula services and products. I operate with a specific logo that incorporates my name. The services and products are provided in both local and potentially nationwide markets. How can I proceed with trademarking my name?
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answered on Feb 20, 2025
Trademarking your personal name for doula services involves showing that your name functions as a brand identifier rather than just a personal identifier. By conducting a proper search, filing in the correct class with the correct basis, and preparing to demonstrate secondary meaning if necessary,... View More
I am considering starting a "print on demand" business and would like to use a design inspired by a Heinz ketchup bottle. Specifically, I plan to use the shape of the original bottle and keep the shape of the white label. I may also include the green and yellow border on the label, but I... View More
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answered on Feb 19, 2025
This is likely to be a concern under "Trade Dress" law. Trade dress is really formally registered. It constitutes things like the shape of the bottle, the shape of the label, the green line around the label. You are seriously playing with fire if you intend to use Heinz Ketchup trade... View More
What is the duration before a trademark needs renewal in the U.S., and what are the general rules for trademark expiration?
answered on Feb 16, 2025
A Trademark in the US must be renewed between the 5th and 6th year of registration by filing a Section 8 renewal. The mark must also be renewed on the 10th anniversary by filing a Section 8 & 9 with the USPTO. Thereafter, you must renew your mark every 10 years. Failure to file a timely renewal... View More
I have secured the domain name but not done anything beyond that. My company is a sole propriatorship and I only planned to use the Domain name and set up a directory service where other professionals can register their business. The domain name is very similar to an exisiting service /company... View More
answered on Feb 13, 2025
Probably not. You are essentially causing confusion to the masses regarding words or images that are associated with another business with a similar service. Just because the domain name is available, does not mean that you can register it with the USPTO. I would suggest using a different... View More
For example (not a real example), if the pending trademark was 'Quite Right Stationery' would it prevent you using 'Quite Right' or 'Quite'?
answered on Feb 13, 2025
This would depend on the class your good or service is being registered and whether there would be a likelihood of confusion regarding your mark and the mark that is currently pending. If a mark shows pending, the application has been submitted and they are waiting on the trademark examining... View More
answered on Feb 13, 2025
You would have to conduct a USPTO trademark search to see if the words have already been registered by another business or individual. Then I would conduct a more comprehensive search with a trademark search company to see if another business/individual has registered the word phrase. If not,... View More
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