I was hired by a publisher to write a non-fiction book on a very popular television show where I discuss the history of the show, the themes, the characters and provide my opinion on each of the series episodes. Publisher states because I'm providing an opinion there is absolutely no copyright... Read more »
Your concerns are valid. You should consider seriously getting permission. Make sure the hiring party give you a contract where they take full responsibility or liability. Consult with an attorney before doing anything.
their wording is registered and my words are arranged differently and missing a word the registered TM has. I also have a distant design for mine and its in use and printed on many things. How will I go about TM my design? Is it possible?
Not necessarily. An abandoned could be revived, and could already or still be in use in commerce so is not necessarily available for use https://www.uspto.gov/trademark/laws-regulations/overview-final-rule-revivals-reinstatements-and-petitions-director
It depends on the context you plan to use the phrase in, what is claimed in the trademark application, and how the other party is using the phrase. An attorney would need to review all the facts to answer this question.
In a prior action before the USPTO concerning the mark, the applicant failed to respond or responded late to an office action from the trademark examining attorney. If you would like to trademark the name, its best to have a trademark attorney examine the prosecution history for similar trademarks.
Under your hypothetical, first mark has priority back to 2012, but only as to use with candles. Mere intentions to expand don't effectively expand the rights to other products/services. Second mark is nearly identical (the "by Alicia Smith" part is merely descriptive of the person offering the...Read more »
I want to sell the keychains on the internet. Is this legal or do I need to obtain permission from the universities whose logos I'm using? I have done a little research on this and it really seems like a grey area. Some sites say you absolutely need permission - others state that once the... Read more »
You need to obtain permission from the trademark owners. The first sale doctrine would likely protect you if you resold exactly what you purchased, the scrapbook paper. If you use the paper to create a new branded product, you would not be protected by the first sale doctrine. Also, using a...Read more »
The first step is to research the mark to determine if anyone else is using it or something similar. There are a variety of trademark search services that can perform a search for you. Once you know what other trademarks exist, you may want to change your mark or proceed with a trademark...Read more »
A company name may or may not be a trademark. The nature and extent of the other trademark(s) should be examined. Trademark questions like this are fact-specific. A local trademark lawyer can review and advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement...Read more »
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