Lawyers, Answer Questions  & Get Points Log In
California Trademark Questions & Answers
1 Answer | Asked in Trademark and Intellectual Property for California on
Q: How much does it cost to trademark a name and what is the process
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

The cost to trademark a name in the United States varies, primarily depending on the filing basis and the number of classes of goods or services under which the trademark will be registered. The basic fee for an electronic application through the United States Patent and Trademark Office (USPTO)... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: If I create my own artwork on a T-shirt honoring a celeb. Is it legal? I plan to mail it to them.

I plan to use this celeb likeness and facts about their career. This T-shirt will NOT be for sale and is only intended for that celeb.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Creating artwork featuring a celebrity's likeness and career facts on a T-shirt for personal use and gifting to the celebrity typically falls under the realm of freedom of expression and may not constitute a violation of intellectual property laws. However, it's essential to consider the... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: Can a phrase using common words be used on apparel when a pending trademark of that phrase exists?

I’d like to use a two-word phrase of common words on my apparel line (t-shirts, caps, etc.), but I found a trademark filing for these words. From what I see on the TSDR the trademark is a service mark that is still pending. The Mark information is a Standard Character Mark with no claim to font... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Good questions! To answer this:

- The trademark with a status of "Notification of Non-Final Action Emailed” means the USPTO examiner issued an initial refusal or required some changes to the application. It is still pending and not registered.

- Importantly, a pending...
View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I like to make Selfiequeen as trade mark. What is the process. I know someone else made Selfie Queen as trade mark.

How much will it cost

Felicia Altman
Felicia Altman
answered on Feb 10, 2024

Filing a trademark can vary in cost depending if you are filing an in-use or intent-to-use application. A standard in-use application costs approximately $250 for a TEAS Plus application and $350 for a regular trademark application. It is best practice to have a trademark attorney conduct a USPTO... View More

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I like to make Selfiequeen as trade mark. What is the process. I know someone else made Selfie Queen as trade mark.

How much will it cost

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

To trademark "Selfiequeen," you'll need to conduct a comprehensive search to ensure that the trademark is available for registration. This involves checking the United States Patent and Trademark Office (USPTO) database to confirm that there are no existing trademarks that are... View More

View More Answers

1 Answer | Asked in Intellectual Property and Trademark for California on
Q: I want to TM my stream name in the US but someone else in Canada has it, if I TM can the Canadian still make money in US

If I own the TM of the stream name in the US, can other streamers in other countries make money off the same stream name off US viewers?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2024

If you successfully trademark your stream name in the United States, it provides you with legal protection within the U.S. This means that others in the U.S. cannot use the same stream name for their streams or related activities without your permission. However, trademark rights are generally... View More

1 Answer | Asked in Intellectual Property and Trademark for California on
Q: TM dispute — opposition has a Canadian lawyer w/no US license. He’s a pain. Can I ignore until she gets a US lawyer?

I’m the originator of the concept, she’s the thief. Her lawyer even acknowledged I’m the rightful creator, but that she’s going to steal it anyway. (He is not the brightest.) I’ve spent thousands on a brilliant, qualified, California attorney to respond to this guy’s rants, and he... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

In the United States, practicing law without a valid license is prohibited, and lawyers must be licensed in the specific jurisdiction where they are representing clients. If the Canadian lawyer does not have a U.S. license and is involved in a California case, it may raise concerns about their... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I use a company's logo in a marketing email to THEM - does it pose any trademark or copyright issues?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 30, 2023

Using a company's logo in a marketing email, even if it's directed to the company itself, can potentially raise trademark and copyright issues. Trademarks, which include logos, are protected to prevent misuse that could cause confusion or imply endorsement or association without... View More

1 Answer | Asked in Copyright, Gaming, Trademark and Intellectual Property for California on
Q: I am developing a Vietnam video game and am wondering about copyright laws regarding real photos for the trailer

We are in the process of developing a video game depicting the true story of a Vietnam vet and his personal experience during his time in the war, and as we are creating the trailer for the game, we would like to use real photos from the war that have been declassified under the freedom of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023

When considering the use of real photos from the Vietnam War for your video game trailer, it's crucial to understand the nuances of copyright law. Declassification under the Freedom of Information Act does not automatically place these images in the public domain or free them from copyright... View More

1 Answer | Asked in Animal / Dog Law, Copyright, Trademark and Intellectual Property for California on
Q: I want to start a dog rescue and part of the bane would include batgirls. Tracy batgirls dog rescue. Is this legal?

Name not bane

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2023

When choosing a name for your dog rescue, it's important to consider trademark laws to avoid legal issues. The term "Batgirl" is a well-known trademark associated with DC Comics, and using it in your business name without permission could lead to trademark infringement issues.... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: Virtual Box is a registered trademark of Oracle inc, the question is whether i can use the same name for a VR company ?

The company should make VR hardware and software for Arcade

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2023

Using the name "Virtual Box" for your VR company, especially if it operates in a related field like technology and software, could lead to legal challenges. Trademarks are designed to protect brand names and logos from being used by others in a way that could cause confusion among... View More

2 Answers | Asked in Trademark and Intellectual Property for California on
Q: Hello I have question about status of a trademark

The one I am reviewing states trademark CANCELLED SECTION. 8 (10-YR)/EXPIRED SECTION 9…it seams the trademark was last attempted to renew in 2017 but with no success.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2023

When a trademark status is listed as "Cancelled - Section 8 (10-yr)/Expired Section 9," it indicates that the trademark registration has expired and is no longer valid. This usually occurs when the trademark owner fails to file the necessary documents or fees required for renewal.... View More

View More Answers

1 Answer | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Would a book about holistic pet recipes, be an infringement on a trademark of "An holistic approach to pet food; TM"?

Serial Number 77220947, Registration Number 3433513. Artemis pet food co. Inc, Carson, CA.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2023

When evaluating whether a book titled "Holistic Pet Recipes" would infringe on the trademark "An Holistic Approach to Pet Food; TM," several factors must be considered. Trademark infringement generally occurs when a new product or service creates a likelihood of confusion among... View More

1 Answer | Asked in Consumer Law, Copyright, Intellectual Property and Trademark for California on
Q: If I opened a place called "smashed burger" and did a similar concept, would I be subject to a suit? Thanks
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2023

If you're considering opening a place called "Smashed Burger" and the concept is similar to an existing company known as "Smash Burger," there is a potential risk of a trademark infringement lawsuit. In trademark law, the key issue is often whether there's a likelihood... View More

1 Answer | Asked in Business Formation, Civil Litigation, Trademark and Intellectual Property for California on
Q: Why is the same term that describes a racial identity used as a trademark for food and non-food items?

Alot of so called black Americans have discovered African American Inc. and are confused, offended,and fearful, about what that could possibly mean for them. Since the US has a history of not veiwing so called black Americans as humans, please clarify if this company views or promotes African... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2023

The use of the term "African American" as a trademark for a company, especially for food and non-food items, can indeed be concerning and potentially offensive. The term "African American" is primarily a racial identity, and its use in commercial contexts should be approached... View More

1 Answer | Asked in Intellectual Property, Copyright and Trademark for California on
Q: I have a question about copyrights and trademarks for intellectual properties.........

I have created a gpt in ai to produce images of Formula 1 race teams and various formula 1 race locations such as Las Vegas or Monte Carlo. Each image is 100% unique. These images appear to be the actual race car and location, though they are not exact matches.......... but they are close. I would... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 20, 2023

Hi Wes,

Creating and selling images that closely resemble Formula 1 race teams and locations, even if they are unique and generated by an AI, can still raise copyright and trademark concerns. Copyright laws protect original works of authorship, including images, and trademarks protect brand...
View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: Hello,I had a question on trademark infringement especially for a trademark for "DVNK."

Linked below is the trademark for DVNK. My company was thinking of using the words DVNK as a name for a brand that is connected to an NFT project. We will be using the words DVNK but the design will look different than is shown in the trademark (no lines or dots) we will just be using the letters... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2023

It's important to understand that trademark infringement is determined not just by the design of the mark, but also by the likelihood of confusion in the marketplace. Even if your logo design for "DVNK" differs from the registered trademark, using the same name for related goods or... View More

Q: How to retain ownership of my birthright

Owning my name given at birth

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2023

In California, your birth name is inherently yours and doesn't need to be "retained" in the same way property rights are. However, if you're seeking to trademark your name for commercial purposes, you would file an application with the United States Patent and Trademark Office... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I'm writing a drinking game booklet and using the title of a show for the title of a game is that copyright infringement

It is a booklet of of preset drinking games of tv shows, movies or movie/tv show genres and I was wondering if I use a tv show for the title of one of the games is it copyright infringement? For example I have a Flavor of Love show drinking game. Can I use that title?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2023

Using the title of a TV show or movie in the title of a drinking game may potentially expose you to legal risk. Titles themselves aren't generally copyrighted, but they might be trademarked, especially if they're part of a well-known series or franchise. If a title is trademarked, using... View More

2 Answers | Asked in Intellectual Property and Trademark for California on
Q: Hello I have a question about copyright, for my company logo

I am starting an electrician company the name is gonna be called “thunder struck electric” kind of after the AC/DC song thunder struck. While I know I can do the name fairly easily. My logo closely resembles the font of the AC/DC logo. I’m wondering if there is some legal trouble I could run... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 21, 2023

This is a trademark issue, not copyright. Your use of stylized text "AC/DC" even if very similar to that of the band, would not infringe the band's trademark as you are not offering the same type of services and there is no likelihood of confusion by the public. It would be prudent,... View More

View More Answers

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.