It depends on what your profession is. If the use of the trademark of the other could leave average person to be confused about the source of the goods, it could be. Whether it is registered can be found out with the help of an attorney.
I have a question about how my life would be if I got this company and how much money would be made for my future and family is it sure success in the business or what I do need to know if I going to make my money back in wholesale or whole period
This question is very general. Many issues you need to address to stay out of trouble. The most common matter is your trademark. You should conduct a research and make sure you are not using others' trademark. Preferably, you should register your own trademark. Other matters include... Read more »
You need to invest in a consultation with an attorney to analyze your case and provide options.
For example Coke makes brands like Sprite and Fanta. Their the same soda brand that have different soda. That’s what I am trying to accomplish. I have an LLC already in Georgia. Do I just make buy another LLC? Is there like a box I fill out out under my already owned LLC?
You do not need any more LLCs
You need to register the brands to get protection against others who would want to use the same name
You need to consult with an attorney
DARPA, CDMA, USCCA, USCIS, RealID, E-Sign
Some are functional. Some are brands. Knowing the difference is important and controls your rights.
No, not familiar
let us know your question on trademarks
We became unemployed during this pandemic with my mother and started selling t-shirts over etsy.
We buy all svg and designs from digital svg sellers. Unfortunately we have received a nonsense trademark warning 3 times in the last 3 months.
Finally, a design of our "boy mom and... Read more »
You should certainly contact an experienced intellectual property attorney for a confidential discussion. There are many facts that affect the analysis, and an experienced attorney will be able to explore all relevant facts before advising you. Such an attorney will want to review the complaining... Read more »
What trademark are you seeking? An attorney will conduct a search for you and determine if the trademark is available.
Yes it does
do not use it
consult with an attorney
Starting a small business creating personalized rugs and want to avoid trademark fraud.
Maybe yes, maybe no. It depends on how the trademark is registered and how you use it on your rugs and then if and how you sell it. You should also consider that characters can be protected under copyright (in addition to trademark). Please feel free to email me if you have any questions at... Read more »
The goods and services that the dead trademark provides is not in the same category as what I want to provide
A trademark might still be in use under "common law" even if the associate federal registration has been abandoned and listed as dead. It's even possible that the registration was unintentionally abandoned and if not too much time has passed, the owner could petition to revive the... Read more »
A cancelled trademark may still be in use by the original trademark registrant or some other business owner. In order to avoid claims of infringement, it is important to determine if a mark (or a similar mark) is in use for the same or related goods or services. Consult with a trademark attorney to... Read more »
Company name is trademarked.
Yes. You have options.
Assuming you have a solid case of infringement, you could perhaps file a trademark lawsuit in state court, federal court, or start resolution through whomever is hosting the website (likely ICANN).
Please talk to an experienced IP attorney to discuss these... Read more »
In a fictional book, what is the protocol for mentioning brand names? I'm referring to situations in which the particular company / brand is not being represented in a negative way, but only mentioned casually. For instance, can an author write a book in which their characters are eating... Read more »
Depends on the context, purpose and such.
You should consult with an attorney to understand your risks
best luck
Marcos
For example, "world" = "mundo" / "happy" = "feliz" from English to Spanish. So, would a company called "Happy Mundo" violate the copyrights or trademarks of a company called "Happy World" or "Mundo Feliz", since they each have... Read more »
Yes
The trademark office considers foreign languages and translations when making a determination on whether to approve or not an application.
Consult with an attorney.
how to find whether it’s the phrase, or actual product itself that’s trademarked, copyrighted, and/or patented
The USPTO may be searched to find federally registered trademarks. Trademarks may also be registered in individual states. However, it is important to remember that even unregistered trademarks have common law rights against infringement. If a trademark is confusingly similar to another... Read more »
I have registered a business name this year of 2020. however after checking the USPTO site a company in Rhode Island uses the word Borvani in their business name "House of Borvani". It went dead in 1982. I sale cosmetic and beauty they sale jewelry. from my understanding common law only... Read more »
This is a complicated question and you should reach out to a trademark attorney to give you a full and complete response.
The short answer is that it depends on how "House of Borvani" is being used. It's possible it's limited to only one state, but common law trademark... Read more »
The seller sells a bunch of stickers online. There is one particular sticker design I love that I want to print on a face mask with my own quote along with it. The sticker doesn't have the (C) on it and her website doesn't have any info about copyrights or trademark. Will I get in trouble... Read more »
The artwork in the sticker belongs to the artist even if it doesn't have the copyright symbol on the sticker. The better plan of action is to reach out to the seller and see if they own the rights to the artwork or know who does. Feel free to call or email me if I can be of further assistance.
Depending on the reason for cancellation and time since it's been cancelled, you may have to file a new application. Feel free to call or email me if I can assist.
Unfortunately there is a very limited window to revive your trademark application, once abandoned. You would have to sign a statement that letting the application become abandoned was unintentional, pay a $100 filing fee, and then address whatever the problem was that led to the application... Read more »
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