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Trademark Questions & Answers
Q: Is it allowed to use logos of automotive companies in the commercial video? The video shows the progress of the industry
1 Answer
| Asked
in
Copyright, Business Law, Intellectual Property and Trademark
for
District of Columbia
on
Answered on Dec 17, 2018
Answered on Dec 17, 2018
Andrew Zulieve Esq's answer
Although such use may not amount to a trademark (or perhaps copyright) infringement, my suggestion is to contact each company and obtain their written authorizations to use their respective logos.
Although such use may not amount to a trademark (or perhaps copyright) infringement, my suggestion is to contact each company and obtain their written authorizations to use their respective logos.
Q: Can I patent the combination of an existing font on an existing product?
Jingzhan Wang's answer
do you mean you want to change the trademark originally existing on the products?
do you mean you want to change the trademark originally existing on the products?
Q: Hello i have a question What is the difference between copyright, patent, trademark? Wound i need to have all 3
2 Answers
| Asked
in
Copyright, Patents (Intellectual Property) and Trademark
for
California
on
Answered on Dec 7, 2018
Answered on Dec 7, 2018
Q: Can I defend an Intellectual Property for selling an item on Amazon and receiving a Violation?
Griffin Klema's answer
It might still be trademark infringement. Just because you purchased the item on eBay doesn't mean it's a genuine product, or that your listing isn't causing consumer confusion. The eBay seller may be selling fakes or knockoffs. If so, then re-selling them on Amazon may be trademark infringement. If the eBay product was genuine, then the first sale doctrine may apply. However, Amazon sellers face a difficult battle with a trademark owner through the site, and you may have to file a counterclaim...
It might still be trademark infringement. Just because you purchased the item on eBay doesn't mean it's a genuine product, or that your listing isn't causing consumer confusion. The eBay seller may be selling fakes or knockoffs. If so, then re-selling them on Amazon may be trademark infringement. If the eBay product was genuine, then the first sale doctrine may apply. However, Amazon sellers face a difficult battle with a trademark owner through the site, and you may have to file a counterclaim...
Q: I want to use "Seal Team" as part of my business name, I see its trademarked by the US Navy, can i use it
Guvenc Acarkan's answer
Depends on what type of product or services you want to offer under the name. If you want to use it under one of the specified goods and services that is already registered with USPTO then you cannot register that trademark. The answer to your question depends on the facts surrounding your case, it is hard to answer without further information.
Depends on what type of product or services you want to offer under the name. If you want to use it under one of the specified goods and services that is already registered with USPTO then you cannot register that trademark. The answer to your question depends on the facts surrounding your case, it is hard to answer without further information.
Q: Is it legal for me to use “Fruit Loops” as a flavor?
2 Answers
| Asked
in
Copyright, Products Liability, Patents (Intellectual Property) and Trademark
for
Maryland
on
Answered on Nov 17, 2018
Answered on Nov 17, 2018
Mark Oakley's answer
Almost certainly your use violates their trademark, and the penalties for exploiting their trademark for commercial gain to sell your product are severe (you not only pay all of their attorney's fees, but penalties and forfeiture of all profits earned as a result). Kellogg's will hire very expensive and aggressive lawyers. Consult a trademark lawyer going forward so you can understand what you can and cannot do exploiting other trademarked brands. Generally, you must obtain permission (a...
Almost certainly your use violates their trademark, and the penalties for exploiting their trademark for commercial gain to sell your product are severe (you not only pay all of their attorney's fees, but penalties and forfeiture of all profits earned as a result). Kellogg's will hire very expensive and aggressive lawyers. Consult a trademark lawyer going forward so you can understand what you can and cannot do exploiting other trademarked brands. Generally, you must obtain permission (a...
Q: Can I get a trademark with status ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND
Jason Brooks' answer
If the mark is indeed abandoned, then yes it is available for you to prepare and file a new application for registration. Note that your application will be treated as new, so you'll have to go through the entire registration process; it will not simply pick up from the previous registration.
If the mark is indeed abandoned, then yes it is available for you to prepare and file a new application for registration. Note that your application will be treated as new, so you'll have to go through the entire registration process; it will not simply pick up from the previous registration.
Q: If I am using the name DadPoolTV for streaming online and creating content, am I violating any tradmarks for DeadPool?
1 Answer
| Asked
in
Copyright, Intellectual Property and Trademark
for
Utah
on
Answered on Nov 14, 2018
Answered on Nov 14, 2018
Griffin Klema's answer
The answer to your question should be obtained in a confidential setting with a lawyer, not here on a public forum. You wouldn't want a "bad" answer to be public information and then used against you later. The short answer is maybe, and I recommend you consult an attorney if you are concerned. An important factor is what kind of profits (ad revenue, or improved goodwill of other products) are you earning from your content.
Your issue is probably more trademark related than copyright....
The answer to your question should be obtained in a confidential setting with a lawyer, not here on a public forum. You wouldn't want a "bad" answer to be public information and then used against you later. The short answer is maybe, and I recommend you consult an attorney if you are concerned. An important factor is what kind of profits (ad revenue, or improved goodwill of other products) are you earning from your content.
Your issue is probably more trademark related than copyright....
Q: If a company has their logo elements trademarked and another company wants to sell products in the same category with
Griffin Klema's answer
Short answer: Maybe.
Long answer: It depends on the willingness of the first company (who has the trademark registration) to either license its trademark rights, or otherwise work out a deal with the second company to allow a potentially confusingly similar mark to exist in the same market. The scope of the first company's rights also impacts the analysis (federal vs. state trademark registration, market geography, etc.). If the company is willing to settle a dispute or offer a license...
Short answer: Maybe.
Long answer: It depends on the willingness of the first company (who has the trademark registration) to either license its trademark rights, or otherwise work out a deal with the second company to allow a potentially confusingly similar mark to exist in the same market. The scope of the first company's rights also impacts the analysis (federal vs. state trademark registration, market geography, etc.). If the company is willing to settle a dispute or offer a license...
Q: Is it possible to get approval for use of Denver Broncos logo for apparel?
Ashley Dean Powell's answer
It is technically possible, though very difficult. Last I checked (I once had a hat idea that all my friends told me was dumb), the apparel (and hats) categories of licenses were essentially considered "closed" in that the NFL was not interested in talking to new potential licensees. Those categories are probably among the most competitive/difficult to enter. Other, smaller and less popular categories (think different types of products) may be a little easier to enter.
These are the...
It is technically possible, though very difficult. Last I checked (I once had a hat idea that all my friends told me was dumb), the apparel (and hats) categories of licenses were essentially considered "closed" in that the NFL was not interested in talking to new potential licensees. Those categories are probably among the most competitive/difficult to enter. Other, smaller and less popular categories (think different types of products) may be a little easier to enter.
These are the...
Q: If I own the trademark to a phrase that includes a slang/abbreviated word, do I have to register the full word too.
Andrew Zulieve Esq's answer
In the U.S., registration of a term or phrase is not required to establish rights if the term or phrase is already in use in commerce as a trademark to identify your company as the source of its products and/or services. Registration (federal or state) does provide some certain substantive benefits.
"Luv" and"Love" are phonetic equivalents and do not appear to be sufficiently distinctive to create two separate trademarks.
In the U.S., registration of a term or phrase is not required to establish rights if the term or phrase is already in use in commerce as a trademark to identify your company as the source of its products and/or services. Registration (federal or state) does provide some certain substantive benefits.
"Luv" and"Love" are phonetic equivalents and do not appear to be sufficiently distinctive to create two separate trademarks.
Q: If a trademark saying was active but has now been abandoned, can I step in and take over with a similar trademark?
2 Answers
| Asked
in
Copyright, Intellectual Property and Trademark
for
Iowa
on
Answered on Nov 3, 2018
Answered on Nov 3, 2018
Andrew Zulieve Esq's answer
If the trademark was registered with the U.S. Trademark Office, but the status of the registration is listed as abandoned, that does not necessarily mean that the trademark is no longer in use in commerce and abandoned within that context. It may still be in use in commerce and protected under common law principles. Determining if a trademark is actually abandoned is fact-driven and can be complex and complicated. Accordingly, you should have an experienced trademark attorney explore fully...
If the trademark was registered with the U.S. Trademark Office, but the status of the registration is listed as abandoned, that does not necessarily mean that the trademark is no longer in use in commerce and abandoned within that context. It may still be in use in commerce and protected under common law principles. Determining if a trademark is actually abandoned is fact-driven and can be complex and complicated. Accordingly, you should have an experienced trademark attorney explore fully...
Q: Netflix has stolen my registered trademark. How can I afford to take them to court?
T. J. Jesky's answer
Wow! It sounds like you actually have valid trademark infringement case against Netflix. This is big time. If you do have a registered trademark and the use of the trademark infringes your trademark, you are on the side of the angels. In certain trademark infringement cases, monetary relief may be awarded, which would include: Netflix’s profits using your trademark, your damages, and the costs of litigating. Treble damages may be awarded in cases where such gross negligence was used...
Wow! It sounds like you actually have valid trademark infringement case against Netflix. This is big time. If you do have a registered trademark and the use of the trademark infringes your trademark, you are on the side of the angels. In certain trademark infringement cases, monetary relief may be awarded, which would include: Netflix’s profits using your trademark, your damages, and the costs of litigating. Treble damages may be awarded in cases where such gross negligence was used...
Q: How do I deal with a Trademark infringement accusation ?
1 Answer
| Asked
in
Copyright, Intellectual Property and Trademark
for
Missouri
on
Answered on Oct 5, 2018
Answered on Oct 5, 2018
Andrew Zulieve Esq's answer
Go onto the U.S. Trademark Office website and access the Trademark Electronic Search System (TESS). Enter the search term "HARRY POTTER" in the basic word search option. This search will yield 52 live "Harry Potter" trademark registrations and three pending "Harry Potter" trademark applications to register these marks. I am quite certain that the HARRY POTTER marks would be considered famous and given a very wide swath of protection against unauthorized uses. Moreover, Warner Brothers has...
Go onto the U.S. Trademark Office website and access the Trademark Electronic Search System (TESS). Enter the search term "HARRY POTTER" in the basic word search option. This search will yield 52 live "Harry Potter" trademark registrations and three pending "Harry Potter" trademark applications to register these marks. I am quite certain that the HARRY POTTER marks would be considered famous and given a very wide swath of protection against unauthorized uses. Moreover, Warner Brothers has...
Q: Can I register my new business name as an LLC if it's different from an incorporated company's name by only one letter?
1 Answer
| Asked
in
Copyright, Business Formation and Trademark
for
North Carolina
on
Answered on Sep 28, 2018
Answered on Sep 28, 2018
Will Blackton's answer
Your question can be answered a few ways:
Will the North Carolina Secretary of State accept your LLC's articles of organization if the name differs by only one letter from another entity also registered in North Carolina? Yes, the NC Secretary of State will permit registration so long as the /exact/ legal name is not already taken by another entity registered to do business in NC, which includes consideration of capitalization, spacing, and punctuation.
Will the trademark...
Your question can be answered a few ways:
Will the North Carolina Secretary of State accept your LLC's articles of organization if the name differs by only one letter from another entity also registered in North Carolina? Yes, the NC Secretary of State will permit registration so long as the /exact/ legal name is not already taken by another entity registered to do business in NC, which includes consideration of capitalization, spacing, and punctuation.
Will the trademark...
Q: How Can I change the name that is on my trademark
T. J. Jesky's answer
This easiest way to change the name on the trademark from your name to a business name is to fill out and submit a Assignment Form to the trademark office. The form will allow you to assign your rights to your business. It seems that you have a trademark lawyer. Ask the lawyer to file the assignment form on your behalf.
This easiest way to change the name on the trademark from your name to a business name is to fill out and submit a Assignment Form to the trademark office. The form will allow you to assign your rights to your business. It seems that you have a trademark lawyer. Ask the lawyer to file the assignment form on your behalf.
Q: I have designed a few t-shirt designs with specific words on them in addition to the design. will a copywrite protect?
T. J. Jesky's answer
Copyright protects original works of authorship, whereas a trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.
If you haven't done so, you should register your copyright with the federal copyright office. However, in your case, it sounds that since your plan to commercialize these products (design), you should register the t-shirts as a trademark. You can do so by following...
Copyright protects original works of authorship, whereas a trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.
If you haven't done so, you should register your copyright with the federal copyright office. However, in your case, it sounds that since your plan to commercialize these products (design), you should register the t-shirts as a trademark. You can do so by following...
Q: I have a company (South Africa) with a name similar to that of a trademark in the US. Will this be a problem for me?
1 Answer
| Asked
in
Business Formation, Intellectual Property and Trademark
on
Answered on Sep 20, 2018
Answered on Sep 20, 2018
Peter D. Mlynek's answer
If you are operating only in South Africa, then you need to worry about South African trademarks and not the US.
If you are going to be expanding into the US, then you should worry about the US trademarks, and you will need to consult with a US trademark attorney.
If you are operating only in South Africa, then you need to worry about South African trademarks and not the US.
If you are going to be expanding into the US, then you should worry about the US trademarks, and you will need to consult with a US trademark attorney.
Q: How much does it cost to trademark a logo or name or phrase?
Jason Brooks' answer
The USPTO charges a flat fee of $225, $275, or $325, depending on a few varying factors (i.e. opting for pure electronic correspondence with the USPTO, and also whether you create your own "Free Form" description language or use pre-approved language -- most applications are filed at the $275 range, as it's often preferable to create your own description.
In addition to the service fee imposed by the USPTO, if you retain an attorney or a service to do the registration for you, there...
The USPTO charges a flat fee of $225, $275, or $325, depending on a few varying factors (i.e. opting for pure electronic correspondence with the USPTO, and also whether you create your own "Free Form" description language or use pre-approved language -- most applications are filed at the $275 range, as it's often preferable to create your own description.
In addition to the service fee imposed by the USPTO, if you retain an attorney or a service to do the registration for you, there...
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