Get free answers to your Trademark legal questions from lawyers in your area.
I want to make sure a phrase I'm printing on a t-shirt isn't trademarked. How can I find that out?
answered on Oct 1, 2024
The best way is to find an experienced trademark attorney to perform a knockout clearance search of the USPTO databases to ensure that there are no possible infringing marks. This is especially important if you are planning to use a logo with graphic design elements.
Trademark law is... View More 
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answered on Mar 20, 2024
Whether "Under The Sun" is available to trademark depends on several factors, including whether it's currently in use or has been abandoned in the context relevant to your business. Trademark availability is not just about whether a phrase is being used, but also whether it's... View More
answered on Mar 19, 2024
There are several dead and cancelled registrations for the word mark UNDER THE SUN, and some have design elements. But there are also many active registrations for UNDER THE SUN in different categories of goods/services. You should consult a qualified trademark attorney to review your proposed... View More
answered on Mar 19, 2024
Even if a trademark is abandoned does not mean that the mark is available for registration. In order to know if a mark is available start by conducting a quick search on the USPTO for similar registered marks in the same class of goods and services. A search can be complicated and it is recommended... View More
Or similar words like zyner or Zynachino that refer to their products. Their trademark products are tobacco and nicotine pouches and that is not the product im trying to sell
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answered on Dec 6, 2023
Using the word "Zynbabwe" on your product may potentially raise trademark infringement concerns if it is similar enough to the trademarked name "Zyn," especially if it creates confusion among consumers. Trademark infringement is not just about using an identical mark; it also... View More
The Hoodie and T Shirt Line is based off my recently release Autobiographical Memoir: The Fifth General Order by Jonathan Phillips
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answered on Dec 1, 2024
You'll want to conduct a thorough trademark search before using "Hold The Line" on clothing, as this phrase has been used in various contexts, including by other apparel brands. Given that your usage connects to your published memoir, you might have stronger grounds for using it, but... View More
That is all
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answered on Mar 12, 2024
Answering this question accurately would require looking at exactly how you propose to show the words "so cool" and doing a thorough search of government records and the Internet to learn whether anyone else previously had registered or is using a similar looking set of words.
The word blood ?
answered on Sep 13, 2023
Assuming you are asking whether you can trademark this word, that depends on a few details. Are you using it with any other words? Do you want to trademark just the word or a stylized version of the word? And what goods or services do you want to trademark it for? (every trademark is filed in one... View More
The search of the title is returning thousands of results. I don’t know how to narrow down the results to verify whether I can legally use the title or not.
answered on Aug 27, 2023
The title of a work is not capable of being copyrighted, so it is no surprise to find many instances of exact phrases repeated in descriptive titles. If the title were to be very strongly associated with its source, it might be claimed as a trademark, and could conceivably be infringed if the... View More
I had minor changes such as the eyes the post is reposted by some users in Pinterest . Will my art be copyrighted or can I claim the art as my own design .
answered on Jul 14, 2023
This is something that a copyright attorney could answer best, but your post remains open for three weeks. Product liability is more about injuries from dangerous products. You could repost and change the category to "Copyright." Some questions remain unanswered, but you might have better... View More
Hello, I wrote an educational book a few years ago and have cited all the material. I did not get permission to use any resources that I found online, as well as images used. However, the work has a cited page and all in-text citations (including the diagrams from Google). I would like to know if... View More
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answered on Jul 10, 2023
When using copyrighted material in your educational book, it is important to seek permission from the copyright owner, even if you provide proper citations. Simply citing the sources and stating "No infringement intended" does not guarantee protection from copyright infringement. This is... View More
Trademark" Bitchwear made with an attitude". Serial #74545460
Status:602-abandoned in 1994.
How do I aquire this trademark for myself. Is that even a thing? Because it was abandoned before the process was completed, is the trademark therefore null and void, and I can... View More
answered on Feb 16, 2022
The application to register the mark as an apparel brand was abandoned in 1995 for failure to respond to the trademark examiner's request for info or changes. That does NOT necessarily mean that the applicant's USE of the mark ceased, merely that the mark did not get registered.... View More
For the past month I have been developing my SaaS product, and on the first day I purchased a domain name. Let's say that the domain is Service.ai.
I was doing competitor research the other day and I found that someone has launched a very similar service on their domain Servicing.ai.... View More
answered on Dec 15, 2021
In the U.S., trademarks arise through "use in commerce." "Commerce" means an actual commercial sale, lease or similar transaction involving a product or service. Reserving a domain name is important, but it isn't enough, by itself, to establish a trademark right. If the... View More
If I did start the brand it would have my own original ideas and style. The only thing that would match would be the name BRAINDEAD, nothing else. Do you think I would still be applicable for a lawsuit?
answered on Dec 7, 2021
Before launching your brand you should conduct thorough trademark research. Trademark research will show you what companies are using that same name or a similar name. Based on such research, you can then make a good determination about whether you'd be exposing yourself to a lawsuit... View More
answered on Dec 28, 2020
Depends on how similar it is.
You should consult with an attorney.
How can I go after them to reverse the Trademark?
answered on Sep 6, 2020
First, a point of clarification - a trademark and a trademark registration are not the same thing... they're kind of like a car and its title, or a house and its deed.
If you've been commercially using your mark since 2008 without a federal trademark registration, you have what... View More
answered on Aug 30, 2020
The USPTO handles federal trademark registration. However if this other trademark is registered, adding just a few letters to the name name may not be enough to overcome a likelihood of confusion refusal particularly if the marks are used in the same or related class/categories. Consult with a... View More
answered on Aug 27, 2020
Maybe. If the other product is patented, it might act as a "blocking" patent against your product. This can occur if a claim of the patented product "reads on" your end-product (e.g., if your product has each and every element, or substantial equivalent, of one of the related... View More
I wrote a business plan in November 2017 for a ready-to-drink nootropic coffee beverage. I planned on using the name Cognitive Coffee and have emails documenting this. I now want to start the company but on April 15, 2019 Terrasoul Superfoods trademarked Cognitive Coffee for a powdered coffee with... View More
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answered on Jul 22, 2020
Creating a business plan won't constitute the "use" required by the statute for a trademark registration. The USPTO will likely issue a refusal because the goods are similar and the likelihood of confusion would exist. Please feel free to call or email me if I can assist you further.
Just starting the company (health and eventually expanding to nursing services).
answered on Jun 22, 2020
You can try contacting the registered owner and negotiating a purchase or license of the trademark.
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