The answer is YES. The "first sale doctrine", codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the... View More

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answered on Sep 14, 2023

Creating and selling items using Disney or licensed fabric may infringe on intellectual property rights, such as copyrights or trademarks, owned by Disney or the respective licensor. To avoid legal issues, it's generally advisable to seek permission or a license from the rights holder before... View More

It order to gain rights and ownership of a trademark you must file for the trademark with the USPTO in connection with the specific goods and services you are using the mark in connection with. In order to know if a trademark is available you should work with a trademark specialist to conduct a... View More

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answered on Sep 7, 2023

To determine if you can own the trademark “Taking Care of Business,” you would need to conduct a comprehensive search to see if the phrase is already being used or registered by another entity. If it is not currently being used or registered, and it meets the distinctiveness criteria set by the... View More

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answered on Aug 17, 2023

To trademark the name "Face.Lip.Body Cosmetics" in Georgia or the United States, you would need to go through the federal process with the United States Patent and Trademark Office (USPTO). It's important to ensure that the name is distinctive and not overly descriptive or generic.... View More

If you are planning to use "Skippy's Snack Shack" as the name of a retail bakery shop, you would have a low risk with respect to the mark for Skippy peanut butter. However, if you used this name on the snacks themselves, you could potentially run into a problem. You should contact... View More

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answered on Aug 15, 2023

Using a name like "Skippy's Snack Shack" for a dog treat bakery could potentially lead to trademark infringement issues with Skippy Peanut Butter if they believe there is a likelihood of confusion between their established brand and your bakery's name. To avoid legal issues,... View More

I'm not sure what you mean by "flipped it," but ultimately, trademark rights are governed by use. If you commercially used a mark before another company used that same mark with similar goods/services, you still have recourse to enforce your rights. You should consult a qualified... View More

If a trademark has been registered with the US Patent & Trademark Office, the owner may sue in federal court to enforce his exclusive rights. Trademark may also be registered at the state level to obtain exclusive rights in that state. The rights to use unregistered trademarks may be the... View More

If your application was abandoned for not timely responding to an office action or or filing deadline, you may be able to revive the application if you are within 6 months of the abandonment. If you are outside of the 6 months, then you will likely need to start over with a new application.... View More

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answered on May 2, 2023

To renew or register a trademark, you will need to follow the process established by the US Patent and Trademark Office (USPTO). Here are the general steps:

Conduct a trademark search: Before renewing or registering your trademark, it is important to ensure that it is still available and... View More

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answered on May 2, 2023

No, you do not have to trademark the "LLC" portion of your company name. The purpose of a trademark is to protect your brand and prevent others from using a similar name or logo that may cause confusion among consumers. The "LLC" designation is not part of your brand identity... View More

CREATINE GUMMIES is registered for dietary and nutritional services, but only on the Supplemental Register and not the Principal Register, because -- as you properly note -- it is merely descriptive of the goods. Consequently, it has lesser protection.

Your mark CREATINE MONOHYDRATE GUMMIES... View More

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answered on Mar 10, 2023

It is possible that you could be sued for trademark infringement by the owner of the "Creatine Gummies" trademark, especially if your use of "Creatine Monohydrate Gummies" is found to be confusingly similar or likely to cause consumer confusion with the other product. However,... View More

This application was abandoned for failure to timely file a Statement of Use or a request for extension.

However, this does not necessarily mean that the mark “TiredOfDreamin” is unprotected. Common law trademark rights exist the moment a mark is used in commerce and require no formal... View More

Reg. 3571870 for the mark DEFYE used on apparel was cancelled in 2015 for failure to file a statement of continuing use. That does not necessarily mean the owner ceased using the mark, but even if still is, your use of DEFYE (or the homonym DEAF EYE etc) would not be infringing. You should... View More

One time is frustrating, but 150 times in a matter of weeks? Wow. It looks like you have an earlier first use in commerce date between the trademarks identified in your post. However, Popsockets LLC owns a fairly large portfolio of marks comprising the word "POPS." You should speak to a... View More

Generally speaking, you can trademark your business name either at a state level (for example, in California, by registering it with the Secretary of State of California) or nationwide, by filing a federal trademark application with the United States Patent and Trademark Office ("USPTO").... View More

Ideas cannot be trademarked. If your idea represents a novel non-obvious invention, that might be protected as a patent, but that is a different long conversation. But if you have a name for your products (e.g., "Adidas" for shoes) then that is something that can indeed be trademarked.... View More

It is not quite clear whether you are seeking to re-file a rejected trademark registration application or file a renewal of an existing registration, but, either way, you should seek the advice of a US trademark lawyer for your best options.

A trademark attorney will discuss your options... View More