I have started car freshener company and I would like to sell fresheners with NOS logo. As I understand NOS logo is trademarked and I want to know if it's somehow possible to sell fresheners with their logo?
Yes. Licensing deals between trademark owners and third party products happen all the time. When we are doing these deals we first reach out to see if they have a licensing program. If so then get with the program. If not there is more negotiation required.
It depends. There is no concrete yes/ no answer. If you are planning to use the "blue ivy carter" trademark to identify goods or services in a completely different class than the one that is already trademarked class, then it may be possible to get a trademark registration with USPTO. However, if...Read more »
The devil is in the details. One fact can change the risk. So doing a full analysis of the mark, other uses, the description of services, your proposed services, among many other factors is the only way to provide a legal opinion. The good news is that you have asked the right question. The more...Read more »
a tow company in diamond springs named extreme towing. They are saying they have a service/trade mark on extreme and towing and they want me to change my company name. If this is the case no one can use extreme for the first name of there towing business. Also I don't think anyone can trade mark... Read more »
Sometimes names can coexist and sometimes they can't. The remarks you make about "extreme" and "towing" in trademarks make sense. However, those remarks do not address the legal issues. A good place to start is figuring out what exactly their trademark covers and why they think that their rights...Read more »
My company offers services similar to that of, a federally protected trademarked name. Both "Aftermath"(trademarked) and "Aftershock"(my company) begin with the same word, have two syllables, and leave the same commercial impression. Because of this, Aftermath is telling us we need to change our... Read more »
Filing a trademark registration application requires actual use of the mark on goods or service OR a sincere intent to use the mark in the foreseeable future. It is a good idea to consult an attorney to see if "taking over" the trademark will meet your business objectives.
Ideally, you should conceive your company name and related logo or design in the planning stages of your business or venture, before you have invested too much capital in the idea. If you've done that, you can consult with a trademark attorney as to the registrability of the proposed mark, possible...Read more »
Maybe. The criterion is likelihood of confusion as to the source of the goods. Whether or not the goods differ is only part of the puzzle. A simple example would be GOOGLE drain cleaner. Difference in the goods would likely not be important.
You can file but it is best to evaluate your position first. Sometimes similar trademarks can coexist. Sometimes they can't. Without a review, the fact that there is a non-final action is not informative. Some non-final actions are easily overcome.
I'd like to create an illustrated image, print it on t-shirts and sell it online. This image would contain the name "Lambo" (slang for Lamborghini) and car that would look similar to Lamborghini sports car (without logo). So basically it would be a bit different.
Many people say, "So basically it would be a bit different." Sometimes that is true. Other times it would simply be wishful thinking. Even so, the criterion is whether there is confusion as to whether you might be seen as falsely indicating a relationship with Lamborghini.
I was hired by a publisher to write a non-fiction book on a very popular television show where I discuss the history of the show, the themes, the characters and provide my opinion on each of the series episodes. Publisher states because I'm providing an opinion there is absolutely no copyright... Read more »
Your concerns are valid. You should consider seriously getting permission. Make sure the hiring party give you a contract where they take full responsibility or liability. Consult with an attorney before doing anything.
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