Trademark Questions & Answers by State

Trademark Questions & Answers

Q: Can I trademark a tagline of my UK company in the US? If so, does the company need to be registered in the US first?

1 Answer | Asked in Business Law and Trademark for California on
Answered on Mar 27, 2017

If you have registered the Trademark in the UK or the EU in the last 12 months you can file for a trademark in the USA using the international trademark agreements. Assuming the trademark has not been trademarked in the USA, it should not be a problem. Any UK Trademark Attorney or Trademark Agent in the UK should be able to assist you. However, you need to have a intent to use the Trademark in the USA. You might want to create a wholly owned LLC in the USA to operate in the USA, if that is...
View Details »

Q: if a company has a legal trademark name , am i aloud to include this name as a word in the description of my product ?

1 Answer | Asked in Trademark for New York on
Answered on Mar 27, 2017

Not if it would be confusing to the consumer and make them think that you were claiming ownership of their trademark or that you were the source of their goods. I'd need to know the actual names and proposed names to give you clearer advice on this, if you want to email me privately please do so that way whatever we discuss will be confidential and subject to the attorney-client privilege.
View Details »

Q: Can I trademark 'starceleste' (1 word) if there is a trademark on 'celeste star' (2 words) and both r palm readers?

1 Answer | Asked in Trademark for New Jersey on
Answered on Mar 26, 2017

If you've conducted a proper search and have verified that there's a difference then yes. Otherwise, you may be overlooking a potential trademark infringement. You can contact me for a free phone consultation.
View Details »

Q: 1)How To Register My Business Name Is it under copyright patent trademark

2 Answers | Asked in Business Law, Copyright, Patents and Trademark on
Answered on Mar 24, 2017
View Details »

Q: Is it a trademark violation to use a Warner Bros. image at a resturant

1 Answer | Asked in Trademark for California on
Answered on Mar 24, 2017

Usually, yes. See: https://www.uspto.gov/page/about-trademark-infringement

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
View Details »

Q: How Can I use a parody design logo of Street Sharks without getting penalized legally?

1 Answer | Asked in Copyright and Trademark for California on
Answered on Mar 22, 2017

Parody defenses to trademark are subject to limitations. See: https://cyber.harvard.edu/metaschool/fisher/domain/tm.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...
View Details »

Q: Hi, can someone help me figure out whether the term or phrase "Dash Diet" is trademarked or copyrighted?Thanks!

1 Answer | Asked in Copyright and Trademark for New York on
Answered on Mar 17, 2017

I most certainly can if you would like to contact me feel free.

That said, this is something you can probably do yourself by going to the library of Congress website and following the prompts.

Our office handles copyrights for numerous songs written by musicians ( mostly we get hired to obtain the copyright ) but our resources allow us to easily look this up for next to nothing.

Check the Library of Congress website first, and if not you may feel free to contact me...
View Details »

Q: A company has filed 2 False DMCAs for a design & name that I own, how should I handle this?

1 Answer | Asked in Business Law and Trademark for California on
Answered on Mar 17, 2017

You may need to provide Zazzle with proof of the other party's abuse and evidence of your IP ownership. You may also need to sue the other party for any applicable torts, possibly including libel and intentional interference with contractual relations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
View Details »

Q: How long does a trademark stay in effect?

1 Answer | Asked in Trademark for Florida on
Answered on Mar 17, 2017

" ... Trademarks rights ... will cease if a mark is not actively used for a period of time, normally 5 years in most jurisdictions. ..."

See: https://en.wikipedia.org/wiki/Trademark#Enforcing_rights
View Details »

Q: Can I title a work of fiction "The Godzilla Society"?

3 Answers | Asked in Trademark for New York on
Answered on Mar 15, 2017

It's probably a bad idea to use "Godzilla" without contacting the owner of the trademark to obtain permission. The unique name "Godzilla" is obviously intellectual property that the owner would care to protect and enforce and it's probably unacceptable to the owner for you to use it without permission or even if you give them attribution.
View Details »

Q: I live in the United States. I sell a fitness product and I offer a free silicone bracelet with it.

1 Answer | Asked in Copyright and Trademark for New Jersey on
Answered on Mar 14, 2017

Google "cancer ribbon trademark suit Komen." Copyright law isn't really your concern here, trademark infringement is. The Komen Foundation has previously sued other nonprofits for trademark infringement regarding their pink cancer ribbon.
View Details »

Q: Is there a law firm or non-profit that specializes working with media owners (ex. NBC, Discovery, etc.) to archive TV?

1 Answer | Asked in Business Law, Entertainment / Sports, Intellectual Property and Trademark on
Answered on Mar 13, 2017

If you're asking whether there are law firms who help individuals purchase the rights to media content in order to license, distribute, re-air, etc., the answer is a yes. My firm can do just that as well as many others.
View Details »

Q: Creating an events mobile app and one of the events would be Netflix and Chill. I see it's trademarked. How to go about?

1 Answer | Asked in Trademark for Ohio on
Answered on Mar 13, 2017

Use the Find a Lawyer tab to contact a local trademark attorney who can review the situation, what you intend to do, the ownership of the other trademarks, and advise you on your options. It depends on all those facts that the attorney will have to review before being able to advise you.
View Details »

Q: After I register a trademark does that make me the owner of it?

2 Answers | Asked in Trademark for New York on
Answered on Mar 11, 2017

See: https://cyber.harvard.edu/metaschool/fisher/domain/tm.htm

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
View Details »

Q: Displaying others' marks in ads

2 Answers | Asked in Copyright, Business Law, Intellectual Property and Trademark for New York on
Answered on Mar 10, 2017

You should be fine if the products shot are portrayed in the manner they are commonly portrayed and the audience is not led to believe that the product brands are sponsoring or associated with the product/service being featured in your video ad. That does not mean you won't get sued or receive a cease and desist letter. The best way to avoid this scenario altogether is to not show or blur/remove the logos of these products.

The materials provided herein are for informational purposes...
View Details »

Q: I am creating a brand that is a spinoff but distinct from something trademarked. I want to make sure it's legal

1 Answer | Asked in Trademark for Massachusetts on
Answered on Mar 9, 2017

That sounds risky, as it may cause confusion among reasonable consumers. You may face legal consequences. Why not try something more creative? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business...
View Details »

Q: I sell items on Etsy. One of my listings was recently deactivated for using the phrase 'Man Cub' but my 'A' was a 'tent'

1 Answer | Asked in Trademark for Colorado on
Answered on Mar 8, 2017

You will need to contact a trademark lawyer directly for specific advice.

For trademarks the issue is brand confusion. A registered mark can apply to a commonly used phase, but the level of protection is comparatively low. There are also issues related to what the mark applies to. That is, the registration only applies to certain goods or services. There are also numerous exceptions--like fair use.

A lawyer will need to review your use and review the alleged abuse to make a...
View Details »

Q: I want to trademark a name and create 2 businesses as an extension of that trademark. Question is do I need multiple...

1 Answer | Asked in Business Formation, Copyright and Trademark for California on
Answered on Mar 8, 2017

Each trademark needs to be individually registered. See: https://www.uspto.gov/trademarks-getting-started/trademark-basics

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
View Details »

Q: A Trademark Question I Need A Little Help With... Thanks!

1 Answer | Asked in Trademark for Massachusetts on
Answered on Mar 6, 2017

See: https://www.uspto.gov/page/about-trademark-infringement

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education...
View Details »

Q: Do I need permission to use my image of someone else's product in my product? i.e.Image of a cymbal in my drum software

1 Answer | Asked in Copyright and Trademark for North Carolina on
Answered on Mar 1, 2017

If you use an image of a cymbal, produced by someone else, in software you produce: Yes, you need their permission to use their image or you could face a copyright infringement action.
View Details »

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.