LLC names are simply business entities being formed within a specific state. Trademark rights are much more expansive. So there typically isn't much overlap involved, unless an other party successfully claims that you're using the name as a trademark. But even then, the relevant...Read more »
I’m working at a non-profit, not selling anything. Another person is selling something, doesn’t have a trademark, and asked us to stop using it. I’m sure she’s going to get a trademark. What would be our best course of action?
Trademark rights are acquired through use, so if you're selling goods or services in connection with that logo, you may be able to claim common law priority within certain geographic areas should someone later attempt to federally register a similar logo for related goods or services. However,...Read more »
If the trademark is currently listed as 'abandoned' in the USPTO database, you should confirm whether this is due to a failure to respond to Office Action, and if so, whether your application may encounter similar issues with the TM Office. However, if it's not being used then common...Read more »
Someone else has the company name I want but, they haven't been active since 2014 I believe. They don't have it trademarked i looked them up on the government trademark site and other sites they don't come up. Is it possible i can trademark the name and use it for my company?
Trademark rights are not merely created by someone registering the mark, whether with the USPTO or under a state's law. Under the common law, if you use a mark as a mark, you can acquire trademark rights in that mark. You would need to investigate further about whether the other person has...Read more »
If a vitamin company has a trademark for the phrase "Good Riddance™" , would I be allowed to trademark product names with that phrase, but add a word before that so that the entire phrase for an example product would will be "Acne Good Riddance ™" for my vitamins?
If they are using the TM, they do not have a registered mark. However, trademark is based on use so they may still have common law rights in the mark. Also, adding the word acne likely won't solve the likelihood of confusion issue if you're both selling the same class of goods. Feel...Read more »
From your description as to what you want to do, it sounds like you would be creating a derivative work based on the copyright protected work. To do so without being liable for infringement, you would need a license from whomever now owns the rights in Mr. Campbell's works. That is not to...Read more »
While family was occupied with final arrangements/grieving, a third party filed for licensing to the name and image my relative went to extreme lengths to protect in life. So now essentially this person owns my relative. The family does not have the financial resources for a court battle. We simply... Read more »
My understanding is that California has strong laws that protect the Right of Publicity (right to exploit one's fame for famous people) and Right to Privacy. It would be good to get advise from a California attorney familiar with these 2 torts. The laws may allow you to collect...Read more »
I'm looking to trademark a business name (call it "FishExample"). FishExample is currently trademarked for "furniture to store fishing supplies and goods". My FishExample business will be an online community/resource for fishermen (unrelated to furniture, but tied into... Read more »
As usual with so much in the law, the answer is, "It depends." A trademark owner acquires rights in their mark, whether for goods or service, by using it in ways that convey to consumers that there is a particular source offering the goods/services. From what you write, it is not clear...Read more »
You should register your trademark when you begin using the trademark. A foreign domiciled applicant may file for trademark registration but he/she must be represented by a US-licensed trademark attorney. You will need to hire a US trademark attorney to proceed.
While watching a popular late night show, they featured a sketch of an infomercial for a fake product which does not appear to be in production, on sale anywhere and does not show up in a Copyright search, Trademark Search or Patent Search. Prior to obtaining formal legal counsel I would like to... Read more »
I own a two-word domain name as an example, "GuideExample.com," I purchased this domain many years ago due to the name "GuideExample" it was first used by the previous company in 2002 to sell digital products and services till May 2008.
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...Read more »
You really need to be sure that the mark has been truly "abandoned," meaning the owner isn't still using it but just let the USPTO filings fall out of time and therefore the federal registration application or actual registration are now considered by the USPTO to be abandoned....Read more »
We’re worried that because Disney is so strict with their brand that they’ll take down our videos if their logo is showing anywhere on the screen. This is for YouTube we are only reviewing our personally owned products.
My employer has trademarked her business name federally and in California in the recreational cannabis industry. Recently a "free CBD" scam website has appeared using our name. Some of their victims are finding our FB page and leaving angry comments and reviews. I understand that the... Read more »
I will be using this name to represent myself in front of an audience and may create logos with this name tied along. I will not be using the actual Dreamworks character in the branding. Thank you for answering.
Just because a mark is abandoned, doesn't mean it's not in use. I would suggest reaching out to a trademark attorney who can help you to do a comprehensive search and assist you in better protecting your brand.
I don't believe that Sony is in the wine bar industry but I would need to do a comprehensive sarch to be able to say for sure. Also, just because they're not currently in the business of wine bars does not guarantee that they would not still send a cease and desist letter. I would...Read more »
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