Like France Belgium Switzerland Mexico, Japan etc
answered on Feb 25, 2023
Obtaining the rights to use the name Willy Wonka and the Wonka bar can be a complex process, as it involves negotiating with the owners of the intellectual property rights associated with the name and the brand. In this case, the owners would likely be the estate of Roald Dahl and the companies... Read more »
For instance Jeep has a GLADIATOR model and there is a movie named GLADIATOR. I make laser acrylic emblems for various vehicles. Am I not allowed to make an emblem that says GLADIATOR at all? Or just using the font/logo that they use? Other examples would be Jeeps CHEROKEE and Ford's MUSTANG.... Read more »
answered on Dec 12, 2022
Answer to your question depends on more variables so we can not provide comprehensive question to your pertinent question here. However, trademark is mostly only protected in a territory in which it is registered and valid, and for goods or services that it has listed in the trademark registration.... Read more »
I am in the process of creating a song that has lyrics including the phrase "Oh Yeah". In the song, I have a voice actor using the phrase and his vocal sound (tone) sounds very similar to Kraft's Kool-Aide Man's "Oh Yeah". The lyrics of the song does not mention or... Read more »
answered on Oct 14, 2022
You correctly note that common utterance "oh, yeah" is not by itself capable of being the exclusive property of Kraft. Neither is the voice characterization, especially when the usage you intend is not in connection with a competitive product.
I helped create the club back in 2003 and we have evidence and witnesses that can collaborate the time of formation. We are also an international club and have members across the globe. We do not want to have a Marijuana dispensary with the same name as us. And while our name is not trademarked it... Read more »
answered on Oct 4, 2022
You may be able to oppose the registration by what is called a "junior user" (you are the "senior user" based on your prior use) when its application is published for opposition, which is the last step in federal registration of trademarks and collective membership marks (a... Read more »
The product should be relatively easy & inexpensive to manufacture. I’ve done as much in-depth research as possible online - and nothing like this exists as far as I can tell. I’ve spoken with friends, relatives, neighbors about a need for such an item and I’ve received 100% positive... Read more »
answered on Jul 11, 2022
Kudos to you for doing some prep work before your first meeting with a patent attorney. I love clients like that. I teach entrepreneurs about the patent process. I think it would be worth your time to review my intro slide set just so that you have some vocabulary and basic concepts... Read more »
answered on May 23, 2022
A logo for a business is an issue of trademark law rather than copyright law because your logo is how a potential customer would recognize you in the marketplace and distinguish you from your competitors.
To properly answer this question, you should meet with an attorney to discuss details... Read more »
answered on Feb 8, 2022
It is certainly possible to register a dance group's name, or any other performance name, as a trademark. The question will be the extent to which the mark is used in interstate commerce and in relation to what service or product.
A trademark lawyer will be able to discuss these... Read more »
the golf ball includes a single picture of boss baby
I am looking to start a brand, I had started searching through trademarks and found one similar but I have some different design ideas. The owner of mark has been mailed abandonment and things along the lines of that. How do I know if I can start making stuff?
answered on Aug 15, 2021
You need to consult with an attorney to evaluate your options.
I just decided to trademark it and come to find out it already is. I sell clothing and they are a record brand/DJ.
answered on Jul 30, 2021
Your business name is not necessarily your trademark. Even if it is, it is not confusingly similar to theirs. So you can still register it as your trademark. Confusingly similar means that consumers would not assume that the clothing you are selling is from them because the record industry is... Read more »
answered on Jun 16, 2021
First of all.. I wish they kept airing episodes!
It might be trademarked. You might not get a hit off a basic word mark search through the USPTO and need an attorney to do a TESS search (they arn't easy--one of the reasons why people hire attorneys)
There might also be... Read more »
If I wanted to use the business name “The Fatherhood Project”
The word “Fatherhood” is already trademarked by another company.
Same target audience, different products.
Is this acceptable?
answered on Mar 21, 2021
A trademark should not be used if it is confusingly similar to another existing trademark in use for the same or related class of good or services. Using the same dominant term as another similar trademark may be refused for registration due to likelihood of confusion and may also be deemed... Read more »
The 1968 film "Night of the Living Dead" wasn't properly trademarked due to an error and ended up in the Public Domain. Various Comic book Characters from the Golden Age of Comics in the 1930s and 1940s also entered the public domain when their publishers went out of business. I just... Read more »
answered on Mar 12, 2021
First, be generally aware there is a difference between 'registered' copyrighted works, works protected by copyright, and works with expired copyright protections, and 'works' without copyright protection.
Second, intellectual property is quite a bit like any other type... Read more »
I wanted to know if I could use it as an artist even though they use it for a line for their clothing. Does the fact that I'm not selling jeans with it make it ok?
answered on Jan 14, 2021
Maybe yes, maybe no. The trademark world is divided into 45 different categories (also known as classes). Each class represents a different group of goods or services. If Levi's has the name Denizen trademarked for jeans then they likely have a trademark in class 025 (the class for clothing).... Read more »
For example making a Boy Mom Vinyl Decal
answered on Jan 12, 2021
Your question is not clear. Are you asking whether your product is infringing upon another party's trademark registration if it is the same type of product?
Or are you asking whether your own registered trademark is being infringed upon by someone else's product or service?
I am a US resident and need to protect my US registered trademark in Australia. I found that someone has stolen my mark and is using it for the same class of products as my brand. Could I use an Australian virtual mailing address to register my mark? On their trademark website, ipaustralia.gov.au,... Read more »
answered on Sep 23, 2020
Without knowing other key details here, I believe you should be able to do so. But registering your trademark after infringement may impact your claim for damages or injunctive relief. Feel free to reach out to me with any more questions!
The name of my business is GOAT Nails and I am wanting to make sure it is ok for me to use the acronym G.O.A.T.throughout my website.
answered on Aug 5, 2020
Interesting question - I would have thought that G.O.A.T. (greatest of all time) would be too generic to trademark, but I see that some people have successfully done it. You should check the TESS database (tess2.uspto.gov) to search for all of the US registered trademarks with the word GOAT in... Read more »
602 - Abandoned-Failure To Respond Or Late Response is the staus of a trademark I want to purchase, can I still purchase it?
answered on Jul 31, 2020
A business typically acquires rights to a trademark based on usage. Even if the trademark is abandoned it may still be in use. If by purchasing the trademark you mean registering it, then prior to doing so, work with a trademark attorney to assist you with clearing the trademark to ensure that the... Read more »
Putting my trademark on these items for my conference
answered on Jun 11, 2020
If you are referring to the federal trademark registration process, then as a part of the application process, you will have to select the applicable classes (clothing, accessories, etc) in which you use or will use the trademark. It is best to work with a trademark attorney to guide you in this... Read more »
I would like to use the old English "D" with a variation for a 501(C)3 veterans hockey logo. My modification to the "D" is a helmet hanging off of it covering part of the "D" but the "D" is still very visible. Is this trademark infringement?
Thank you for your time.
answered on Feb 27, 2020
It would depend on what the company has registered but you can probably do a more stylized "D" with the helmet and be able to protect the design mark.
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.