Trademark Questions & Answers

Q: HOW DO I GO ABOUT BUYING AN OLD TRADEMARKED BRAND LOGO OR RIGHTS TO IT?

1 Answer | Asked in Copyright and Trademark for Kentucky on
Answered on Feb 6, 2019
Marcos Garciaacosta's answer
If it is still in use and with valid registration you can contact the person who holds the registration.

You have the challenge of what the value.

If the trademark is not registered, you may have other options.

Consult an attorney and let me know if I can help.

Q: I am writing a recipe book and call it "Instant Pot Best Recipes." Should I get permission to use "Instant Pot"?

1 Answer | Asked in Intellectual Property and Trademark for New York on
Answered on Feb 5, 2019
Marcos Garciaacosta's answer
You should definitely ask for permission.

It is possible that they will come after you and stop you from using that name.

You can consider other alternative names.

If you contact them, it may be possible they grant you the right to use the name, and you should consider negotiate some benefits

Best luck

Q: How would I go about finding out what exactly is trademarked for Game of Thrones, or ask permission to use it?

2 Answers | Asked in Copyright and Trademark for New York on
Answered on Jan 31, 2019
Jason Brooks' answer
I would start with HBO's licensing & retail department. A Google search should point you in the right direction. My firm handles these kinds of deals regularly - if you would like assistance, feel free to email me at: Jason@altviewlawgroup.com

Q: How can I use my registered trademark?

1 Answer | Asked in Trademark for North Carolina on
Answered on Jan 31, 2019
John Martin Hilla's answer
You should speak with a trademark attorney in private consultation. A trademark protects consumers from confusion as to the source and quality of a product or service, and trademarks are registered, therefore, for that purpose. In other words, it's your use of the trademark in interstate commerce to identify the manufacturer and source of a particular service or product that you are protecting, not the "logo" itself as a design. That's the province of copyright law, not trademark....

Q: How long does it take for a trademark to expire?

1 Answer | Asked in Trademark on
Answered on Jan 29, 2019
John Martin Hilla's answer
It never expires so long as it remains in use in interstate commerce (presuming we are talking about a Federally registered trademark). Once a trademark is registered, you are required to file a Statement of Use and ongoing Renewals every 10 years to maintain the trademark. You must police new marks registered and new applications filed to ensure that your mark is not weakened by encroaching marks from other registrants, and so on.

Retention of a good trademark attorney is essential to...

Q: Can a trademark name be the same but registered in different classes by another company using the same exact trademark?

1 Answer | Asked in Intellectual Property and Trademark for California on
Answered on Jan 25, 2019
John Martin Hilla's answer
Yes. The issue is whether consumers will be likely to be confused by the same name. If they are totally different products sold in totally different geographic regions in totally different channels of trade, there could be no likelihood of confusion, and the separate trademarks might be so registered.

However, this is a very fact-specific consideration, and, if you are planning on using a brand that has already been trademarked, you should consult a trademark attorney to discuss your...

Q: Can I register “Pikapool” word for conpany trademark?

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Florida on
Answered on Jan 25, 2019
John Martin Hilla's answer
You should discuss with a trademark attorney. A trademark attorney will, as the first step of the service provided, conduct a thorough search of the Federal trademark register, state registers, domain names in use, and other common law usages of the term to find out if anyone is already using that term in commerce. The attorney will then inform you of the risk (or lack thereof, if you're lucky) involved in filing a trademark application for that term and discuss with you the optimal timing of...

Q: 5 years operating the website www.efymusic.com. The owner of the mark "efy" is now asking that I cease and desist.

1 Answer | Asked in Copyright and Trademark for Utah on
Answered on Jan 24, 2019
Jason Brooks' answer
You may still be able to register the trademark for use In Class 41 (Entertainment Services) with your scope of services limited to something like music production/distribution; but it really depends on the Summer Camps's mark - i..e how are they using it? What class are they registered in? etc.

If you want to email me, I'd be happy to review and discuss your options - Jason@altviewlawgroup.com

Q: Can I register a trademark called "INSTAMAKER"

1 Answer | Asked in Trademark on
Answered on Jan 23, 2019
John Martin Hilla's answer
You should consult with a trademark attorney in a private consultation to discuss your question. On the surface of your question, you are right to harbor concerns about that proposed mark--and you are definitely right in your instinct that it is something to explore before filing a trademark registration application or even choosing to brand your business in that manner.

Q: Is it possible to get both my Brand Name / Logo Trademark at the same time?

1 Answer | Asked in Copyright and Trademark for Texas on
Answered on Jan 21, 2019
Jason Brooks' answer
You can register both your service mark and your design mark (logo) at the same time, but each is treated as separate registration applications and evaluated independently (and subject to their own registration fees).

Q: Is is possible to get a trademark without an attorney?

1 Answer | Asked in Trademark for California on
Answered on Jan 21, 2019
John Martin Hilla's answer
It's possible, sure, and the USPTO has a lot of information on its website designed to inform applicants to the process required to do so.

However, as with anything, you always run the risk of getting what you pay for. Everything is easy until it doesn't go well. With a trademark, this means opposition from another registrant, an Office Action from the USPTO examiner assigned to your file, cancellation post-registration because you failed to properly maintain your mark, and a host of...

Q: How do I trademark my rap name

1 Answer | Asked in Trademark for Texas on
Answered on Jan 19, 2019
John Martin Hilla's answer
Discuss with a trademark attorney. A band name or a musical artist's performance name is something that can be trademarked.

Q: i need help to protect my trademark Lanai beachwear

1 Answer | Asked in Trademark for California on
Answered on Jan 19, 2019
John Martin Hilla's answer
Contact a trademark attorney to discuss your matter and your needs. Trademark is a Federal practice area, and any attorney barred in any state or the District of Columbia may assist you.

Q: Am I obligated to respond to a company’s request for assistance after they infringed on my trademark?

1 Answer | Asked in Intellectual Property and Trademark for New Jersey on
Answered on Jan 16, 2019
Griffin Klema's answer
The answer probably depends on the marketplaces' merchant terms. Absent any contract between you and the infringer, the answer is probably no.

Q: Can I make and use a logo that is inspired by a tattoo on a character in a movie? silent from 1925, paramount pictures

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Indiana on
Answered on Jan 16, 2019
Griffin Klema's answer
Fascinating hypothetical. The answer probably depends on a few things: Was the tattoo a reproduction of another artist's creation, or based on an existing trademark? If so, have those rights now lapsed or terminated? Was the tattoo a part of the film's original creative makeup? If so, has the studio's rights in the art lapsed or become abandoned? How different is your logo from the original source tattoo?

So, if you really need to know the answer because a new business venture depends...

Q: I want to create a business, but only register the trademark, how can i do it

1 Answer | Asked in Business Formation, Intellectual Property and Trademark on
Answered on Jan 16, 2019
Griffin Klema's answer
Trademark rights are based on use, but a registration can be very helpful. If you need assistance evaluating if you can get a trademark (i.e. have clearance to use the mark), or need assistance getting a trademark (whether federal or state), contact a lawyer who specializes in such matters. I have handled many trademark applications and offer flat fees so that clients can structure their budgets appropriately. Good luck!

Q: How Do renew my trademark?

1 Answer | Asked in Trademark for New Jersey on
Answered on Jan 15, 2019
John Martin Hilla's answer
You need to file a Renewal of Trademark with the USPTO, which requires further data, images, and a fee. This has to be done every 10 years.

You must also file periodically Declarations of Use, which detail what you are selling in interstate commerce, along with further specimens or photos, as well as a fee.

Both must be done at specific points with firm deadlines post-registration in order to maintain your trademark. If you miss the deadlines, the USPTO will cancel your...

Q: If I make ONE tshirt with a logo that is trademarked by someone else can I be sued for copyright infringement?

1 Answer | Asked in Intellectual Property and Trademark for Indiana on
Answered on Jan 14, 2019
Alexander Florian Steciuch's answer
Yes, you could be sued for trademark infringement. You don't get a freebie trademark infringement.

Q: We are starting a podcast and I'm wondering if using Butterbeer in the name could get us into trademark trouble?

1 Answer | Asked in Trademark for Connecticut on
Answered on Jan 11, 2019
John Martin Hilla's answer
If using any unique signifier from any pre-existing source (Harry Potter novels/movies, in this case), I would indeed worry about that.

Your first step before committing to that brand is to consult with a trademark registration attorney who, will be able, in addition to registration process services, also be able to assist you with a comprehensive search of existing registered trademarks in the Federal database, state-based and common law marks, and other brands, domain-names, and...

Q: If company X has trademarked, day, the name Cooper, can someone call his indie publisher Cooper Books?

1 Answer | Asked in Trademark for Massachusetts on
Answered on Jan 9, 2019
John Martin Hilla's answer
Trademark registration is different than copyright registration in that the purpose is protect consumers' expectations of a product or service's source and quality. It does not protect the registrant's "creative ownership" of a phrase or design, etc.

If "Cooper" has been registered for a different product or service than the publishing of books, registration is possible. (For example, there is the mortgage service "Mr. Cooper," formerly known as Ditech.)

I recommend that you...

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