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Trademark Questions & Answers
Q: Would a phrase such as "North Passage" be considered a generic term and not trade-markable?
Michael Gerity's answer
The answer to your question depends entirely upon the products and/or services that you intend to offer with the proposed trademark. Amazon is nothing more than the name of a river, but it is considered an "arbitrary" mark when used with an online retail store (with "arbitrary" meaning that the association between the word and the products is arbitrary). Arbitrary marks are highly trademarkable. Similarly, "North Passage" could be arbitrary if you use it in conjunction with the sale of, say,...
The answer to your question depends entirely upon the products and/or services that you intend to offer with the proposed trademark. Amazon is nothing more than the name of a river, but it is considered an "arbitrary" mark when used with an online retail store (with "arbitrary" meaning that the association between the word and the products is arbitrary). Arbitrary marks are highly trademarkable. Similarly, "North Passage" could be arbitrary if you use it in conjunction with the sale of, say,...
Q: Is 'Giggle' an infringement on Fiverr's trademark word 'Gig'?
Barry Eran Janay's answer
Based on the limited context that you've given it sounds dissimilar enough to not be infringement, but reasonable minds may differ and a much more thorough analysis would be necessary in order to guide you properly. You're best served by retaining an attorney who is experience (such as myself, feel free to email me directly) about this for conducting a limited review.
Based on the limited context that you've given it sounds dissimilar enough to not be infringement, but reasonable minds may differ and a much more thorough analysis would be necessary in order to guide you properly. You're best served by retaining an attorney who is experience (such as myself, feel free to email me directly) about this for conducting a limited review.
Q: Can we use "Good To Great Photos" for a photo editor or will this conflict with the "Good to Great" book trademark?
Robert Philip Cogan's answer
More facts are needed to address the question. These include how each party is using the words. The basic standard is whether or not use of your trademark will cause a likelihood of confusion in the marketplace as to the source of the goods or services. The question assumes that "Good To Great" is a trademark for a book. It is generally not good practice to act on the basis of assumptions. A legal analysis would reduce the uncertainty regarding the risks involved.
See the disclaimer at...
More facts are needed to address the question. These include how each party is using the words. The basic standard is whether or not use of your trademark will cause a likelihood of confusion in the marketplace as to the source of the goods or services. The question assumes that "Good To Great" is a trademark for a book. It is generally not good practice to act on the basis of assumptions. A legal analysis would reduce the uncertainty regarding the risks involved.
See the disclaimer at...
Q: What release forms do I need?
2 Answers
| Asked
in
Entertainment / Sports, Intellectual Property and Trademark
for
New York
on
Answered on Aug 13, 2017
Answered on Aug 13, 2017
Ali Ebrahimzadeh, Esq.'s answer
You may need a lawyer to draft such documents so that they're tailored to your needs. If you're a minor, then a parent may need to hire the lawyer for you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and...
You may need a lawyer to draft such documents so that they're tailored to your needs. If you're a minor, then a parent may need to hire the lawyer for you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and...
Q: If I buy an item from the manufacturer or original distributor, would I be able to sell it on a website or elsewhere ?
1 Answer
| Asked
in
Copyright, Products Liability and Trademark
for
Texas
on
Answered on Aug 13, 2017
Answered on Aug 13, 2017
William Head's answer
The details of what you are selling are missing. Let's say that this is a knock-off purse, that LOOKS like the genuine article. But, is counterfeit.
You cannot buy it from a site, like Amazon, and then sell it, if you are aware that it is a knock-off.
If all licensing fees have been paid, and it is a legitimate item, it is fine to re-sell it, unless the product is totally NOT available, except from the company who licenses or sells it.
The details of what you are selling are missing. Let's say that this is a knock-off purse, that LOOKS like the genuine article. But, is counterfeit.
You cannot buy it from a site, like Amazon, and then sell it, if you are aware that it is a knock-off.
If all licensing fees have been paid, and it is a legitimate item, it is fine to re-sell it, unless the product is totally NOT available, except from the company who licenses or sells it.
Q: Hi...I am doing an intent to use trademark application. Are those two separate fee?
Robert Philip Cogan's answer
Trademark registration applications require applicants to select whether or not they want to register the name apart from the logo. You would probably need to ask an attorney what difference the selection makes. See tutorial material at www.uspto.gov.
Trademark registration applications require applicants to select whether or not they want to register the name apart from the logo. You would probably need to ask an attorney what difference the selection makes. See tutorial material at www.uspto.gov.
Q: Can I use a theme from something that's trademarked if I'm using it in a completely different field/context?
1 Answer
| Asked
in
Intellectual Property and Trademark
for
North Carolina
on
Answered on Aug 10, 2017
Answered on Aug 10, 2017
Will Blackton's answer
The key question is: will this cause consumer confusion?
This is a question that can only be answered by a judge, but an attorney can assist you. I am not your attorney, and this incredibly fact-specific question would require careful examination of facts outside of what is contained in your posted question. As such, you should not rely on anything stated below as legal advice.
Is it likely or possible that a consumer will believe that your product is associated or endorsed by...
The key question is: will this cause consumer confusion?
This is a question that can only be answered by a judge, but an attorney can assist you. I am not your attorney, and this incredibly fact-specific question would require careful examination of facts outside of what is contained in your posted question. As such, you should not rely on anything stated below as legal advice.
Is it likely or possible that a consumer will believe that your product is associated or endorsed by...
Q: I am having a logo created for a startup company and I find a image on google that I want it to look exactly like...
Will Blackton's answer
It is not legally permissible to have someone recreate an image exactly or copy an image directly to use for your logo. Contact the artist who created the image that you want to use and see if you can purchase the rights to use that image for your logo.
It is not legally permissible to have someone recreate an image exactly or copy an image directly to use for your logo. Contact the artist who created the image that you want to use and see if you can purchase the rights to use that image for your logo.
Q: Can I dissolve my LLC Partnership but keep my business name?
1 Answer
| Asked
in
Business Formation, Business Law and Trademark
for
California
on
Answered on Aug 9, 2017
Answered on Aug 9, 2017
Robert Philip Cogan's answer
Trademarks are "good" if they are uniquely associated with the source of goods and services. The trademark should be owned by the entity that is using it. Trademarks and LLCs are forms of property. A divorce property settlement can determine who will own different pieces of property. An attorney can help sort out what is community property and what is separate property.
Trademarks are "good" if they are uniquely associated with the source of goods and services. The trademark should be owned by the entity that is using it. Trademarks and LLCs are forms of property. A divorce property settlement can determine who will own different pieces of property. An attorney can help sort out what is community property and what is separate property.
Q: Can a jewelry rental business display and/or mention branded (ie Tiffany) jewelry on a TV ad (not show the logo).
Barry Eran Janay's answer
Not unless you get permission. That's potentially trade dress infringement.
Not unless you get permission. That's potentially trade dress infringement.
Q: My mark (on product) is drawn w/ more design elements on the package. Should I trademark both?
Michael Gerity's answer
Your best practice would be to separately register each variation of your trademark. However, with that said, the fundamental question that has to be answered is whether the use of the mark with the additional element would still have a reasonable likelihood of confusion with the mark without it--in other words, if you look at the mark with the add'l element is it still substantially similar to the one without it, or does the add'l element fundamentally change it? If the add'l element doesn't...
Your best practice would be to separately register each variation of your trademark. However, with that said, the fundamental question that has to be answered is whether the use of the mark with the additional element would still have a reasonable likelihood of confusion with the mark without it--in other words, if you look at the mark with the add'l element is it still substantially similar to the one without it, or does the add'l element fundamentally change it? If the add'l element doesn't...
Q: I've since found out my audio group's online name is trademarked by a theatre company in the UK. I'm in the US (WI).
Michael Gerity's answer
It would appear that the threshold issue here is whether or not they do business under that name in the United States (or whether you do business with yours in the UK). Trademark rights are geographical in nature. While the geographical nature has eroded somewhat due to the international nature of the internet, it still persists. The UK company has the rights to that name in the UK, almost certainly. However, if they have not been offering their theater services in the US under that name,...
It would appear that the threshold issue here is whether or not they do business under that name in the United States (or whether you do business with yours in the UK). Trademark rights are geographical in nature. While the geographical nature has eroded somewhat due to the international nature of the internet, it still persists. The UK company has the rights to that name in the UK, almost certainly. However, if they have not been offering their theater services in the US under that name,...
Q: Can a logo that was purchased on Etsy by numerous people be trademarked?
Michael Gerity's answer
There are an awful lot of issues here that can't be addressed without more facts, but here are some initial thoughts. First off, any copyright would be held by the designer of the logo. Presumably, if you purchase the logo from the designer, then it would come with at least a license to use the logo. That's something you would want to confirm with the seller.
As for using the logo in conjunction with your business, that would depend entirely upon whether or not another business...
There are an awful lot of issues here that can't be addressed without more facts, but here are some initial thoughts. First off, any copyright would be held by the designer of the logo. Presumably, if you purchase the logo from the designer, then it would come with at least a license to use the logo. That's something you would want to confirm with the seller.
As for using the logo in conjunction with your business, that would depend entirely upon whether or not another business...
Q: Domain name already registered, does this mean that this name is trademarked?
Michael Gerity's answer
The first thing that you need to keep in mind is that having rights to a trademark and registering it, either with the U.S. Patent and Trademark Office, a foreign trademark office, or a state entity, are entirely different things. People can hold valid rights to a trademark without having ever registered it formally, though they will generally need to complete registration in order to enforce their rights. Rights to a trademark arise from use of a mark in commerce in conjunction with products...
The first thing that you need to keep in mind is that having rights to a trademark and registering it, either with the U.S. Patent and Trademark Office, a foreign trademark office, or a state entity, are entirely different things. People can hold valid rights to a trademark without having ever registered it formally, though they will generally need to complete registration in order to enforce their rights. Rights to a trademark arise from use of a mark in commerce in conjunction with products...
Q: How can I research a trademark?
Benton R Patterson III's answer
To fully vet the mark you would need to commission a trademark search. There are a variety of companies that provide this services. Some well know trademark search providers are CompuMark and CSC. You may also search the Maryland state business and trademark records.
To fully vet the mark you would need to commission a trademark search. There are a variety of companies that provide this services. Some well know trademark search providers are CompuMark and CSC. You may also search the Maryland state business and trademark records.
Q: If I'm trying to trademark "Recreation Beer Company" can I if there's someone named "Recreation Point Brewing Company"?
Benton R Patterson III's answer
This is a close call. It seems reasonably likely that you will have trouble registering the mark, especially if the other company began using the mark first. That fact that your business operates in a different location does not increase your chances of registering the mark because federal trademark registration is nationwide. If you decide to file a trademark application with the USPTO, a trademark attorney can help draft the application so that you have the best chance of success. You may...
This is a close call. It seems reasonably likely that you will have trouble registering the mark, especially if the other company began using the mark first. That fact that your business operates in a different location does not increase your chances of registering the mark because federal trademark registration is nationwide. If you decide to file a trademark application with the USPTO, a trademark attorney can help draft the application so that you have the best chance of success. You may...
Q: i am using DULA as a brandname for cosmetics in india from last 2 years but it has been registered by someone this year
Benton R Patterson III's answer
If you were the first to use a trademark, you likely have superior rights to the mark. I recommend speaking with a trademark attorney in India to determine the correct proceeding to challenge the new registration.
If you were the first to use a trademark, you likely have superior rights to the mark. I recommend speaking with a trademark attorney in India to determine the correct proceeding to challenge the new registration.
Q: Hey, what does this mean? "ASSIGNMENT OF OWNERSHIP NOT UPDATED AUTOMATICALLY"
Barry Eran Janay's answer
It literally means exactly what it says... But if you want further explanation please give the exact detailed context of where you saw that...
It literally means exactly what it says... But if you want further explanation please give the exact detailed context of where you saw that...
Q: What should I say to successfully obtain the rights for an abandoned/dead mark from the original trademark registrants?
1 Answer
| Asked
in
Entertainment / Sports, Intellectual Property and Trademark
for
New York
on
Answered on Aug 7, 2017
Answered on Aug 7, 2017
Benton R Patterson III's answer
You probably do not need anything from the original owner if the mark expired 10 years ago. Once a trademark expires, the registration terminates. The former owner no longer owns a federal registration. Although, there could be some other common law rights to the mark. To be certain the mark is clear, you would need to have a trademark search conducted. A trademark attorney can provide a search.
You probably do not need anything from the original owner if the mark expired 10 years ago. Once a trademark expires, the registration terminates. The former owner no longer owns a federal registration. Although, there could be some other common law rights to the mark. To be certain the mark is clear, you would need to have a trademark search conducted. A trademark attorney can provide a search.
Q: I wish to register a trademark for the name "Beard Burst" however there is already a trademark for the name Hair Burst
Benton R Patterson III's answer
There is a real possibility that the names are too similar for you to obtain a trademark, especially if the products are similar. I recommend presenting all the facts to a trademark attorney.
There is a real possibility that the names are too similar for you to obtain a trademark, especially if the products are similar. I recommend presenting all the facts to a trademark attorney.
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