I make ornaments using commercial clear ornaments & books that I buy and cut apart & curl into ribbons to put into the ornament. I do not advertise them by the book name so that I don't risk infringing on anyone's copyright or IP even though the books I use are public domain.... Read more »
"Can a nondescript item be trademarked?" Trade dress is a bit different than its more common cousins, word marks (e.g., "Apple") and stylized (special form) marks (like the Nike "swoosh"), which are usually tagged or stamped on their associated products. Trade dress...Read more »
My daughter is an artist, photographer, craftswoman, woodworker and a very creative person. She has been selling by word of mouth. She creates and re-purposes many different items putting her flair on them and is attempting to build a brand. She came up with a "company" name and wants to... Read more »
A petition to revive an abandoned registration might be an option, but there are time limits involved. A revival petition must be filed no later than 2 mos. after the expiration notice (so that seems to have been September based on your July date). But if the registrant didn't receive the...Read more »
The brand would mainly be selling luxury cigar ashtrays but in the future could also be selling coasters, custom whisky glasses from the Glencairn glass brand themselves, merchandising, etc .. (always touching to cigars and whisky but never directly producing own whisky glasses)
Hello. Thanks for the question. Generally, only adding an "s" to an already existing trademark will be considered trademark infringement, especially if the goods or services are similar. Coasters would certainly be considered a similar good, and ashtrays may be as well. You may also run...Read more »
The trademarked name in Europe of our company is "EKURO" and we also want to start selling in the US. We sell skincare products but there is another one company in the US called EKUROS which they sell Pharmaceutical preparations and substances for the treatment of pain. Is there any... Read more »
Generally, the USPTO may refuse to register a trademark that is identical or very similar to a trademark that is registered in a similar or related class/category of goods or services due to likelihood of confusion. Also, using a confusingly similar mark may lead to claim of infringement. Consult...Read more »
For example, "world" = "mundo" / "happy" = "feliz" from English to Spanish. So, would a company called "Happy Mundo" violate the copyrights or trademarks of a company called "Happy World" or "Mundo Feliz", since they each have... Read more »
Hi there. This is impossible to answer without more information. I highly suggest contacting a trademark attorney directly to speak about your specific situation. Feel free to reach out if you would like to discuss your case.
Gucci is a registered trademark in the United States. This means that the trademark owner can bring legal action to prevent others from selling goods and services similar to the ones associated with their trademark under the name Gucci and "infringing" their trademark ownership rights....Read more »
The short answer is probably not. It is extremely rare that a US trademark registration can be enforced in Canada. But it would depend on a few factors. Are you doing any business in Canada? Is their business offering the same goods and services as yours or just using the same name? Is this company...Read more »
It's really just a modification I've made to stuffed animals, that started out as a game mechanic. I just really want to make sure that if someone manufactures it that they won't stop me from using the design. Making some money off of it wouldn't hurt either but it is secondary.
You may want to consider protecting your toy with a patent, assuming your modifications to existing toys are novel and non-obvious. You will need a patent attorney to help you assessing the patentability of your toy and preparing and filing the patent application.
Businesses usually register their trademarks in any country where they intend to do business. However, the use of a particular trademark depends on many factors including whether such mark would infringe on the trademark rights of another. Consult with a U.S. trademark attorney to assist you with...Read more »
Hi there, you will defnitely want to hire an US trademark attorney to help defend your case. The Justia Ask A Lawyer section is for general legal information, not advice regarding a specific case. Thus, you will need to hire an attorney to represent you in this matter.
I'm a designer and am designing a logo for a company called Southside Vols Nutrition, and wanted to make sure that I'm not infringing on an existing logo work mark when I start into this thing. Any insight would be helpful! Thanks.
I'm planning on creating a book series in which I want to trademark the title. I'm also currently creating a video game to add to this franchise. In the future, I want to file another application to extend my trademark to not only protect my books, but my video games too.
Hi there! It is great that you are thinking about IP protections from the very beginning.
From a trademark standpoint you have limited options that far in advance. You can file trademark registrations for things that are not in commerce yet (called an intent-to-use application), but the...Read more »
It would depend on what you are trying to sell under that name. You would not be able to sell crayons, markers, etc because it is too close to Crayola. But you may be able to sell other items or services under that name.
You should speak to a trademark attorney about your specific situation.
I am starting a youtube channel containing instructional and entertaining videos about homebrewing (beer, wine, etc...). The channel will be owned by my parent llc. I'm looking into trademarking the parent companies name and logo. Which class of trademark do i want to use? Class 33 for... Read more »
Arguably, the most crucial pieces of any trademark application are the selection of the appropriate filing classes and the proper description of goods and/or services within those classes. They are also commonly the subject of refusals by the USPTO. I highly recommend consulting a trademark...Read more »
Generally, business owners contact the trademark owners directly to obtain licenses. The name and address of the owner and/or their attorney can usually be found on their trademark registration record on the USPTO website.
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