Lawyers, Answer Questions  & Get Points Log In
Trademark Questions & Answers
1 Answer | Asked in Copyright and Trademark on
Q: Hello, I was wondering if it's possible to get rights to NOS trademark?

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?

Enrico Schaefer
Enrico Schaefer answered on Oct 15, 2019

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.

1 Answer | Asked in Trademark on
Q: Is it going to be possible to trademark blue ivy carter even though blue ivy is already trademarked?
Bharath Konda
Bharath Konda answered on Oct 15, 2019

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 »

1 Answer | Asked in Trademark on
Q: Can you use BEme as a company name if it is unrelated to the product/service currently holding the trademark?

It would be an abbreviation of BE Middle East

Enrico Schaefer
Enrico Schaefer answered on Oct 13, 2019

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 »

1 Answer | Asked in Trademark for California on
Q: I own a towing company named Extreme Performance Towing and transport in Sacramento. Well today I received a letter from

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 »

Robert Philip Cogan
Robert Philip Cogan answered on Oct 10, 2019

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 »

1 Answer | Asked in Business Law, Intellectual Property and Trademark for Texas on
Q: Would I be able to use the name Leafly for a retail space name? what are the restraints &/or rights of Leafly Holdings ?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 9, 2019

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

1 Answer | Asked in Copyright, Business Law and Trademark on
Q: My company offers services similar to that of, a federally trademarked name of another company. Must I change names?

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 »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 8, 2019

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.

1 Answer | Asked in Copyright and Trademark for California on
Q: What is the process for making an idea become panted?
Robert Philip Cogan
Robert Philip Cogan answered on Oct 5, 2019

All the information you seek will likely be found at www.USPTO.gov.

2 Answers | Asked in Trademark for California on
Q: I, Edwin see a phrase on a website and I would like to put a Trademark. Can I just Register the Trademark?

Trademark/Phrase not Registered and would like to take over?

Robert Philip Cogan
Robert Philip Cogan answered on Oct 4, 2019

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.

View More Answers

1 Answer | Asked in Trademark for California on
Q: if a company trademarks its name in a diff industry, can i still file for like name? Sweet Salt (them) vs Sweet Salt SF

they are in the food and bev industry, i am in canine care services and leash/collar making & sales

Robert Philip Cogan
Robert Philip Cogan answered on Oct 2, 2019

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 »

2 Answers | Asked in Trademark for California on
Q: When should you get your brand and or logo trademark?
John Martin Hilla
John Martin Hilla answered on Sep 30, 2019

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 »

View More Answers

1 Answer | Asked in Trademark for Florida on
Q: If a trademark is listed as "Abandoned" (status - 606), does that mean someone else can use it?

If so, how does one go about doing it legally?

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 30, 2019

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

1 Answer | Asked in Copyright and Trademark for Nevada on
Q: Who owns this trademark? Urban genius ??

I also have an LLC by the name of urban genius LLC registered one 3 states

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 30, 2019

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.

1 Answer | Asked in Trademark for Pennsylvania on
Q: I have some questions about trademark and copyright laws about BTS South Korean band of Big Hit Entertainment.

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.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 30, 2019

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 »

1 Answer | Asked in Trademark on
Q: If I create a handmade craft and sell it that looks like a Minions movie character, does that violate trademark law?

the item is generally made of yarn and is in doll form.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 28, 2019

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.

1 Answer | Asked in Copyright, Gaming and Trademark on
Q: Can I create a game on Google Play called Spatial Temple Run? Will it infringe Temple Run trademark?
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 26, 2019

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.

2 Answers | Asked in Trademark for California on
Q: Can I still trademark a name that is already live if the goods and services I offer are different?
Robert Philip Cogan
Robert Philip Cogan answered on Sep 25, 2019

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.

View More Answers

1 Answer | Asked in Trademark for California on
Q: I need to file a trademark under 032 and it looks like there is a Non-FInal Action - Mailed status. Is it too late forme

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.

Robert Philip Cogan
Robert Philip Cogan answered on Sep 24, 2019

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.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Graphic illustration for t-shirt.

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 »

Robert Philip Cogan
Robert Philip Cogan answered on Sep 23, 2019

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 »

1 Answer | Asked in Trademark for New York on
Q: 606 - Abandoned - No Statement Of Use Filed. what does this mean ?

606 - Abandoned - No Statement Of Use Filed

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 18, 2019

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.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Michigan on
Q: Can I get sued for writing a non-fiction book about a tv show without the show's permission?

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 »

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 18, 2019

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.