Get free answers to your Trademark legal questions from lawyers in your area.
Your current state is Ohio
Trademark is "Hannifin", currently registered for international class 025, US class codes 022, 039. By all accounts, it was abandoned. There isn't even a website. The image used to "prove" its use in commerce was a one off embroidery design, and was never sold. On top of... View More 
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answered on Jul 20, 2024
You might have some options to address this situation. If the trademark has not been used in commerce, it might be considered abandoned, which could potentially open the door for you to challenge the current registration. One step you can take is to gather evidence of the non-use and any misleading... View More
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answered on Jul 19, 2024
You can potentially claim a trademark that is listed as "abandoned - No Statement Of Use Filed," but you would need to refile for the trademark yourself. An abandoned trademark is one that the previous applicant did not complete the required steps to maintain.
You would need to... View More
I am looking at selling some of my homemade fall candles. It is considered trademark infringement to describe/name my candle with the word "Autumn" within my candle descriptive name with other words added to it? For example, if I named my candle "Autumn Walk" is that... View More
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answered on Jul 19, 2024
Using "Autumn Walk" for your candle could potentially be considered trademark infringement. The term "Autumn" being trademarked by Bath and Body Works for candles means they have exclusive rights to use it in that context. Adding another word like "Walk" might not be... View More
We are interested in relaunching a brand/product that is no longer sold in the United States. This product, owned by a foreign company, was pulled from the U.S. market and has not been sold here for the past 5 years. Additionally, the trademark is set to expire soon with the USPTO (already in grace... View More
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answered on Jul 19, 2024
When considering relaunching a brand/product inspired by an existing one, it's crucial to ensure that you are not infringing on any existing trademarks or intellectual property rights. Even if the original product has not been sold in the U.S. for the past five years and the trademark is in... View More
I attach the helmet to a painted wooden base and have a phone charger inside the helmet. Am I infringing on the NFL?
answered on Jul 11, 2024
Yes, this is textbook trademark and copyright infringement. The NFL owns the intellectual property rights in the logos, designs, and company names and as such you would need to obtain permission from the NFL prior to such use, aka a licensing agreement. The NFL is very protective of their... View More
answered on Jul 11, 2024
Given that it has been more than three years since the mark has been abandoned, it is likely you are in the clear to pursue registration. Yet, the owner of the "dead" trademark may still be using the mark in commerce. If so, they would still have common law trademark rights to the mark in... View More
I'd like to know the boundaries around the use of the name Soul Train and if it is up for sale.
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answered on Jul 2, 2024
To provide accurate information about the current status of the "Soul Train" trademark and its potential availability, I'd need to check the latest records from the United States Patent and Trademark Office (USPTO). However, I can offer some general guidance based on trademark law... View More
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answered on Jul 2, 2024
To provide an accurate answer, I'll need to break this down into steps and consider various factors. Here's an overview of the costs involved for a Pakistani individual registering a trademark in the USA:
1. USPTO Filing Fees:
- TEAS Standard filing: $350 per class of... View More
We are small resellers of brand new sealed technology products on a large online platform backed by a full return policy. The brand just started peppering us with C&D letters. We have asked to be approved as authorized resellers but they are not entertaining the notion and don't provide a... View More
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answered on Jul 2, 2024
This situation touches on complex areas of law, including trademark law, the first sale doctrine, and antitrust considerations. Here's an overview of the key issues:
1. First Sale Doctrine: In the US, the first sale doctrine generally allows resale of genuine, lawfully acquired... View More
Like is this copy infringement of the name. Its called “Steelers auto detailing” his photo he’s using for advertisement is also black and yellow…
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answered on Jun 26, 2024
To answer this question, we need to consider trademark law and how it applies to this situation. Here's a breakdown of the key points:
1. Trademark protection: The term "Steelers" is likely a registered trademark of the Pittsburgh Steelers NFL team. Sports teams vigorously... View More
I'm in a band that has a pretty big global fanbase and is growing indefinitely. We're about to shoot a new music video for an upcoming album and I wanted to use a You-Gi-Oh card in it for like a 2 second shot (just a shot of us playing the game and a card gets shown). I just wanted to... View More
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answered on Jun 26, 2024
To answer this question, we need to consider a few factors:
1. Fair Use: In some cases, brief use of copyrighted material can be considered "fair use," especially if it's incidental and not the main focus of the work. A 2-second shot might fall under this category.
2.... View More
I am currently trademarking my small business, and my brand name includes the words “New York”. We used to be located in NY, but moved to LA six years ago, and kept the brand name (Archive New York).
Now I have a few questions from the Trademark office to respond to (office actions)... View More
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answered on Jun 26, 2024
I understand you're seeking assistance with trademark office actions for your business "Archive New York" after relocating from New York to Los Angeles. I can offer some general information that may be helpful:
1. Geographic terms in trademarks: The use of geographic terms... View More
The situation is messy. I went into business with my sister. She had a partnership with another sister, but the other sister left the business. So she asked me to join. We had a verbal agreement. It was promised that I'd become a partner, or we may renegotiate for me to have a stake in... View More
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answered on Jun 26, 2024
This situation involves several complex legal issues. Let's break it down:
1. Copyright ownership:
Generally, the creator of a work (in this case, your husband who designed the logo) owns the copyright unless there's an agreement transferring those rights. Since there was... View More
We are creating a story bank which includes the stories of all the artisans working for our company. The story bank is going to be named 'Goosebumps'. But this name is already a registered IP. The story bank for now is only for internal use but will be published for the public in the... View More
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answered on Jun 25, 2024
This is a complex intellectual property question that requires careful consideration. Here's an overview of the key legal issues to be aware of:
1. Trademark protection: "Goosebumps" is likely a registered trademark owned by Scholastic Inc. for their popular children's... View More
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answered on Jun 21, 2024
To answer this question, we need to consider a few key points about trademark law:
1. Similarity: "Carrefour Mars" is quite similar to the existing CARREFOUR trademark. This similarity in name could potentially lead to consumer confusion.
2. Industry and goods/services:... View More
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answered on Jun 19, 2024
To protect your intellectual property for the name "Flying Yankee" in Massachusetts, you'll need to pursue both copyright and trademark protection. Here's a guide:
Copyright:
1. In the United States, copyright is automatically granted to original works upon... View More
Trademark: The Mom Walk Collective
Intended use of Mom Walk:
(my city)Mom Walk
(City) Mom Walk Club
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answered on Jun 15, 2024
Using two words out of a four-word trademark could potentially be considered infringement, depending on how distinctive and recognizable the original trademark is. The Mom Walk Collective may argue that "Mom Walk" is a significant part of their brand identity, and using it could confuse... View More
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answered on Jun 14, 2024
Reclaiming the name "Sincity Deciples" involves a few steps to ensure you can legally use it. First, check with the U.S. Patent and Trademark Office (USPTO) to see if the name is currently trademarked. If it has been abandoned, you may be able to file a new trademark application for it.... View More
I have come up with a brand name for my product, to be sold on Amazon. There is company with the same name, but not a product name, just their company name. (They are an artist showcase website) If I use this name on my product, could they come after me?
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answered on Jun 13, 2024
Using a brand name that matches someone else's company name can be risky, even if they operate in a different industry. Trademark law aims to prevent confusion among consumers, and using the same name might lead to legal issues if the company believes your product could cause such confusion.... View More
I have a store selling t-shirt products on Tiktok shop and I received a violation for unauthorized association with the brand when my image and product description had content related to "The Ravenhood", I look forward to being able to contact and discuss with KLS Press, LLC to receive a... View More
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answered on Jun 8, 2024
Here are some suggestions for how to pursue a trademark authorization license from KLS Press, LLC to sell products related to their book series "The Ravenhood":
1. Look up the official website for KLS Press or the author, Kate Stewart. There may be information there about... View More
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