Get free answers to your Trademark legal questions from lawyers in your area.
Your current state is Ohio
I am working on a recall election initiative under Florida Statute 100.361 against the city's mayor. We created bumper stickers with a slogan using our municipality's logo, which had a trademark that expired in 2013. The city still uses the logo and denied us permission to use it, citing... View More 
answered on Apr 22, 2025
There are 3 types of trademark protection: federal, state, and common law.
Federal law protects your registered trademark in all 50 states.
State law protects your state-registered mark within the boundaries of that state.
Common law protects the geographic area within which... View More
I registered the trademark "Kinzaap Kitchen" in June 2024. Recently, I discovered another restaurant named "Kinzaap Thai Restaurant" operating in a different state. I have not yet taken any legal action or sent a cease and desist letter to them. Can I ask them to stop using the word "Kinzaap"?
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answered on Apr 13, 2025
Possibly. It is advised that you speak to counsel.
However, if the "infringer" is using a similar name prior to your federal registration, then they might be protected by common-law trademark rights. If you need more information, then I would recommend reading "Burger King... View More
I'm planning to start a business under the name "Kadosh" and intend to use "kadosh.global" as my website. The name isn't trademarked currently, but I aim to trademark it at the federal level in the future when affordable. My business will focus on ministry, clothing,... View More
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answered on Apr 13, 2025
Initially, I would advise seeking trademark counsel to fully advise you on your situation.
There are multiple factors that are at play here. First is your name "Kadosh" which is Hebrew for "holy" or "sacred". Examiners might view this word as descriptive of... View More
I developed a point of sale software that is currently being used by several retailers. I have a unique name for the software that I want to trademark, and I've verified that the name is not being used anywhere. I own the software code. Can I trademark the name, and if so, what is the process... View More
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answered on Apr 16, 2025
When you ask the question of whether you can trademark your mark, their are two basic criteria that must be met. The first is that enforceable trademark rights are limited to bona fide uses that reflect commercial use. This means that you must be using, or intend to use your proposed mark in... View More
I have a mobile game, "Annoying Uncle Punch Game," which has been available on the Google Play Store for 8 months. Another publisher has released a game titled "Annoying Uncle Punching Game" on the same platform. We have not registered any trademarks or copyrights for our game... View More
answered on Apr 11, 2025
Since you have already been using the name in the marketplace, your best first step is typically to file a federal trademark application. Normally, if you were using the mark in commerce prior to the other party, you would send the other party a cease and desist, informing them they are infringing... View More
I have a mobile game, "Annoying Uncle Punch Game," which has been available on the Google Play Store for 8 months. Another publisher has released a game titled "Annoying Uncle Punching Game" on the same platform. We have not registered any trademarks or copyrights for our game... View More
answered on Apr 11, 2025
You should report the copycat app via the Google reporting form at https://support.google.com/googleplay/android-developer/contact/policy_violation_report?sjid=120013622250789082-NC. Although you haven't registered a trademark, there is some common law protection for unregistered trademarks... View More
I have been receiving phone calls threatening to take away my rights to the image and work I created. I started a trademark application for them several years ago, but it was marked as abandoned due to failure to respond; I may have missed a communication. The callers have not disclosed who they... View More
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answered on Apr 6, 2025
There has been a rise in reports of scammers targeting individuals with threats related to their intellectual property. These bad actors often try to intimidate creators by making unfounded claims, and sometimes even misuse the name of a legitimate attorney or invent a fake organization to seem... View More
I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More
answered on Apr 3, 2025
The previous applicant abandoned their application after receiving a 'primarily geographically descriptive' rejection. Depending on your situation, there is a likelihood you would receive the same rejection. However, this doesn't mean you should not apply. There are several... View More
I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More
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answered on Apr 3, 2025
You can file for registration yourself or ask an attorney to help you. Your date of first use is important as you accrue rights through use of the mark and registration puts a government stamp on your existing rights and makes them easier to enforce and defend.
I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More
answered on Apr 3, 2025
In order to registrar a trademark you must file an application with the USPTO. It is best to conduct a trademark search though a trademark search finding does not guarantee that the mark can be registered. You can file a trademark through the USPTO as the trademark owner or by working with a... View More
I'm interested in using a business name that has been registered as a trademark but appears to be abandoned for over 2 years. I plan to use it for the same type of business. I haven't conducted any research to determine if the name is still legally protected or associated with any entity.... View More
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answered on Apr 1, 2025
The mark will be considered abandoned if its use in commerce or trade has been discontinued with intent not to resume the use. Intent not to resume may be inferred from circumstances.
Nonuse for 3 consecutive years is prima facie evidence of abandonment. The burden of proof then shifts... View More
I am an indie mobile game developer planning to publish a commercial game on the Google Play Store. The name of my game is "Buzzle," which I discovered is already used by two other not very popular games. The existing Buzzle games are also puzzle games, but they have different core... View More
answered on Mar 31, 2025
A trademark covers a specific type of good or service, so registering "Buzzle" for a game and "Buzzle" for a pizza shop would probably not be an infringement. But when you have multiple digital games all called "Buzzle", there is more obvious scope for infringement.... View More
I am planning to open a unisex salon in Accra, Ghana, and would like to use the name "Bloom Beauty Bar." While it's not trademarked in Ghana, I intend to use it internationally. I'm concerned about potential legal issues with employing this name in marketing and branding. Can I... View More
answered on Mar 28, 2025
Trademark rights are generally territorial, meaning they're valid within specific countries or regions. So, a lack of registration in Ghana doesn't guarantee freedom elsewhere. It is possible that the name "Bloom Beauty Bar" is already registered within other countries.... View More
I am planning to open a unisex salon in Accra, Ghana, and would like to use the name "Bloom Beauty Bar." While it's not trademarked in Ghana, I intend to use it internationally. I'm concerned about potential legal issues with employing this name in marketing and branding. Can I... View More
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answered on Mar 28, 2025
Someone would need to search for the proposed name internationally in order to guess at an answer to this question. If it turns out that no one else already is using the name, then you could file a trademark application in Ghana and follow up with "Madrid" applications in other countries... View More
I'm concerned about possible trademark infringement or brand confusion between my business, "DiTu Best Sandwiches," and another business named "D'TU Pizza." We are both operating in the same geographic area. Have there been any actions taken by the other business... View More
answered on Mar 28, 2025
There is a federal trademark registration for D'TU PIZZA:
https://tsdr.uspto.gov/#caseNumber=97750696&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
What you should do will depend in part on the dates each of you began using the marks and... View More
I am considering using the name "The Property Princess 706" for my real estate business, while “The Property Princess” is a registered trademark. I don't intend to trademark my name and there are no similar trademarks in my area. Could I potentially face legal issues for using... View More
answered on Mar 26, 2025
You could face an opposition if you attempt to use or register your requested business name for trademark protection. Because your intended business is within the same realm as another registered trademark, your best course of action will be to speak with a trademark attorney. They will run a... View More
My mom wants to rebrand her astrology business, based in New Jersey, to "Written in the Stars." She is in the process of checking whether the name is trademarked or used by another business. Her services include reading birth charts and teaching astrology. She's not planning to apply... View More
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answered on Mar 26, 2025
I seriously doubt that "Written in the Stars." can be copyrighted. Copyright law is designed to protect original works of authorship that are fixed in a tangible medium (like a novel, song lyrics, or artwork). However, short phrases, slogans, titles, and other brief expressions generally... View More
My mom wants to rebrand her astrology business, based in New Jersey, to "Written in the Stars." She is in the process of checking whether the name is trademarked or used by another business. Her services include reading birth charts and teaching astrology. She's not planning to apply... View More
answered on Mar 25, 2025
Hello,
As a general matter, there is nothing that would inherently prohibit the use of the mark. In fact, at first glance, it seems to be a suggestive mark which is a good indicator that it is distinctive and therefore eligible for trademark protection. and as it consists of a short... View More
I am a travel agent using a mark for tour and travel services and would like to register it in the USA and Canada. What is the process for registering my mark in these countries?
answered on Mar 24, 2025
In order to register a trademark with the US an application must be filed with the USPTO. You can file an in-use or intent-to-use application. The recommended first step is to work with a trademark attorney to conduct a quick search to see if similar marks are already registered. Once the mark is... View More
I want to trademark the name "Aadarsh Memorial Club" for my app in the United States. I haven't conducted a trademark search yet. What steps should I follow to register this trademark, and are there specific considerations I need to be aware of?
answered on Mar 23, 2025
In order to register a trademark with the USPTO you must file an in-use or intent-to-use application. Before filing its best to consult a trademark attorney to conduct a quick search to see if the mark is already in use or if similar marks are in use. The USPTO is subjective and a search does not... View More
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