Your current state is Virginia
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 »
It would be an abbreviation of BE Middle East
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 »
depends on how it is used and if they have registration or not, and if it would confuse people into buying from you when they intended to buy from them.
marcos.e.garciaacosta@gmail.com
www.legalbizglobal.com
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 »
Tough spot.
It will depend on your ability to defend yourself.
And whether they are serious in coming after you. It will take them a lot in attorney fees to do that.
The easiest and simplest way to deal with this is to change your name.
All the information you seek will likely be found at www.USPTO.gov.
Trademark/Phrase not Registered and would like to take over?
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.
they are in the food and bev industry, i am in canine care services and leash/collar making & sales
Maybe, maybe not. That's why trademark law is often a two or three semester-hour course in law school and why trademark lawyers read law journals and pursue continuing legal education.
There are many facts that need to be looked at beyond the broad categories of goods and services. None of... Read more »
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 »
If so, how does one go about doing it legally?
Brilliant observation
YES but not so fast
Just because it is abandoned in the USPTO system does not mean it is not in use
There may be some rights left for the owners
Consult with an attorney before you do anything
I also have an LLC by the name of urban genius LLC registered one 3 states
As far as trademark use is concerned, the name of the company may not have an effect on it.
Typically whoever has been using it first may have some rights to it as a trademark, may be broad or limited.
Registration gives presumption of ownership, but it is rebuttable.
It says The mark consists of the stylizes wording “BTS” and color is not claimed as a feature of the mark.
Does that mean I can use the word BTS if it’s in colors.
No
on the contrary, when a mark does not claim colors, basically it is claiming any variation of shades and colors.
Stay away from them, specially if you are going to be using it for similar products or services (music, production, videos, clothing, etc.)
Consult with an... Read more »
the item is generally made of yarn and is in doll form.
yes
it can violate a number of protections the owners may have on it, such as copyrights, patents and such.
I strongly recommend stay away from doing that.
I would strongly recommend to be cautious.
You should do a search and analysis of the existing trademarks and potential risks.
Make an appointment, get a consultation before you spend money and potentially get in trouble.
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.
It would be prudent to consult an attorney.
I need to know if i can apply for a trademark if there is already a Non-Final action for the entity that is currently pursuing it.
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.
Hello,
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.
So I'd like... Read more »
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 do not know... Read more »
606 - Abandoned - No Statement Of Use Filed
It means that the application was approved, and the applicant had to submit proof of use. A picture of the product or service using the mark. Because of that the application was abandoned, it is dead.
If it was you, you have to start from zero. Contact me if you need help.
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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