In most cases, you can use all of them to get maximum protection. Each of these protect something different. At first you should perform trademark/design search to make sure there are no-conflicting prior rights and then decide what strategy suits you best.
I wouldn't use those words, but, yes, you'd need to not infringe. Speak with an IP attorney in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal...Read more »
Trademark rights are different than rights arising from your business name. It also depends on priority, simply speaking, who was the first user of the name and who first used it in commerce and so on. You should seek professional IP lawyer to discuss further.
that is a very good question. The registrability of this phrase would depend on the territory in which you would like to seek a trademark protection. An attorney/trademark lawyer can make a clearance search for you and advice you at least if that particular name is already...Read more »
Since a trademark is a business asset that represents the goodwill associated with the goods or services, the right to use the mark can be assigned only along with the business goodwill. The assignment is a simple agreement between the assignor (the trademark owner) in which the mark is assigned...Read more »
Years ago, I have published a product design on Github under a distinctive name and I planned to manufacture it, but now someone else has launched a similar product for the same purpose with exactly the same name. My design is recognized with 500 likes, but I never sold it as a product. The other... Read more »
I'd like to build a website where I create CAD models of various products and allow users to visually configure them together to see how it would look, and display stats based on their configuration. An example of this would be showing what one brand of rim would look like on another... Read more »
The depiction of branded products as you describe, for illustrative and informational purposes, does not infringe the trademarks and is called "nominative fair use" just as it is for reviews and commentary, so long as you are not selling those products. Linking to the trademark...Read more »
I'm building an app in an industry that hasnt changed in ages and I want to know if i might need an IP attorney to help file a patent? I realize that i'm being extremely broad but i'm trying to figure where to start. I researched some companies who filed patents like AirBnB,... Read more »
If you are devoting a substantial amount of time or money into this project, then it is a good use of your time to talk with a patent attorney that files patent applications for apps. There are special obstacles in seeking patents in that space so you need some frank advice from someone that has...Read more »
i own a party supply company and have designed paper plate molds so that the shapes become recognizable staples for eid creations. I have been printing all my designs on those shaped plates which cost me a fortune to make. I find out that my competitor has printed on the same plate shape and when... Read more »
Trade dress constitutes a “symbol” or “device” within the meaning of §2 of the Trademark Act. It encompasses the “total image and overall appearance” of a product, not just the packaging: the totality of the elements, including size, shape, color or color combinations, texture, and...Read more »
The name of a business or product can be registered as a trademark with the US Patent and Trademark Office to the extent that it is used in relation to the sale of a product or service in interstate commerce. That is, across state lines.
Further, the name must be sufficiently unique to...Read more »
The USPTO record for the CELOSA ROSE trademark application shows a status of abandoned “because the applicant failed to respond or filed a late response to an Office action.” The records also show that the USPTO requested that the applicant “either provide documentation to support...Read more »
I purchased a replica wrestling belt, and I was wanting to take a high resolution picture, upload it to my PC, and digitally through an art program to make an altered and custom version of the belt, and use that new image on a shirt to sell. I was wondering if that was something I can get in... Read more »
It is possible that you would be infringing on the trademark of the issuer of the belt (World Wrestling Federation, etc.). it is also possible that you would be infringing on the copyright of the designer of the original belt.
It is best to consult with an intellectual property attorney to...Read more »
I want to know if this name is fully trademarked by any companies. I want to use it as a superhero name but I'm not sure. And if there are any loopholes that can get me out of any problems, that would be appreciated.
To properly determine whether a mark is free to use, you should contact a trademark lawyer to run a professional clearance search for you. A proper clearance search will review not only the registered marks on the USPTO database but also usages of the proposed mark that have not yet registered....Read more »
I recently ordered ebikes from Alibaba with trade assurance guarantee. Items were delivered to my China warehouse damaged. I filed a dispute but they are not accepting a return nor providing a discount or send a refund. There are so many frauds. I am a complete victim with proof. How can I fight... Read more »
As a general rule of thumb, you can file a lawsuit naming anyone, including a business entity, as a defendant. To sue Alibaba, or another foreign company, here in California you would need to be able to establish jurisdiction over all of the defendants just to bring them into court. If you have an...Read more »
I was more involved in the use of the mark in years past. I then shifted my energy to other parts of my business, Faux Rock Contractor, and didn't renew my domain which is now held by a diamond jewelry company. They are also seeking to file the same trademark, SMILING ROCKS as well. Just... Read more »
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