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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

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

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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

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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.

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 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

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

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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

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

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

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

Depends on how similar it is.

You should consult with an attorney.

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

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

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

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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.

You can try contacting the registered owner and negotiating a purchase or license of the trademark.

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answered on May 1, 2020

When you say "first used by the previous company" did you purchase the business and the goodwill that went along with it? If not, the use date is based on your first use of the mark in commerce. You can't stack your use on the use of someone else if they are not a predecessor in... View More