My business name is very similar to that of another business in a different state. We both provide the same type of services. Being in different states there's no problem, but at the end of 2023 the government is supposed to open up cross-State Licensing. I have no intention of performing... Read more »
answered on Mar 17, 2023
As the prior user, the other business could take action to terminate your use, even without a trademark registration. Registration is not required to obtain legal rights in a mark and the ability to terminate infringing uses. Use the Find a Lawyer tab to retain a local intellectual property... Read more »
answered on Mar 10, 2023
It depends on several factors, including whether the company has trademarked the name "Ten Back" or a similar name. If the company has a trademark on the name or a similar name, then using it without permission could be considered trademark infringement. It's also important to... Read more »
Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors? We would not use their images and the letting on our jersey design would be different.
answered on Sep 30, 2022
The only way to find out if it is "alright," is to contact the trademark owner and obtain permission. Without prior permission, there is a risk that the trademark owner could sue for trademark infringement.
answered on Sep 26, 2022
Not really a legal question. But it looks like a bit of decoration based on the hammer part of a pistol.
The cease and dissist letter stated, since we are using the word Eden in our name they want us to abandon our trademark, or they will take legal action. As I have stated, we Trademarked the name back to Edens herbs shop and theirs is Edens food. Is this legal?
answered on Aug 31, 2022
Unfortunately, it is not possible to provide a meaningful answer to this question without having much more information. Generally speaking, goods/services do not have to be the same for a trademark infringement to occur so if that herbs shop sells edible herbs, that may be a problem. But the... Read more »
"Elf Bar" Trademark. Is this updated? Is this trademark currently taken?
answered on Jun 12, 2022
There is no existing registration for ELF BAR, in any class of goods or services.
There is a pending application to register ELFBAR (and design) for electronic cigarettes and related goods, based on use since Feb 2022; and another pending application to register ELFBAR BC5000 also for... Read more »
This may be a complex question, but I am trying to figure out the right way to ask.
Lets say I legally research & purchase a dead trademark and/or copyright today. Pretend it is an old obsolete cereal & the purchased logo & word is (Dazzlecorn).
Now I want the domain... Read more »
answered on Jan 21, 2022
A trademark registration might have expired or been cancelled, but the owner might still have valid rights in the mark unless the owner has "abandoned" the mark. If another person begins using it, the owner can claim infringement. Whether the mark was abandoned would be determined by... Read more »
answered on Nov 16, 2021
If the previous owner is not still using the mark (a mark does not have to be federally registered to stop your registration), or if the trademark was not abandoned due to opposition by a 3rd party (who may turn around and oppose your use), or if no one is currently trying to register the mark (the... Read more »
Can I get in trouble for selling them.
answered on Jul 1, 2021
Reselling a product with another person's brand for commercial purposes can be infringing.
Consult with an attorney.
answered on Mar 23, 2021
Trademarks do not pass into "common use" unless the owner has stopped using the trademark and abandoned it with no intent to resume. A trademark registration is not required to have rights in a trademark, and even if a registration expires, the trademark owner retains rights in the mark... Read more »
answered on Dec 30, 2020
You should consult with an attorney for a search and assesment of your risks.
In most cases your brand is the only asset your business has.
Edited details. Didn't know it was shown on public forum.
answered on Dec 22, 2020
You can reach out to a trademark lawyer on this site or search for one on another site. I would be more than happy to give you a quote for trademark registration services.
answered on Oct 5, 2020
Not necessarily. A trademark that is shown as being abandoned on the Trademark Office's website can still theoretically be used by the owner. Consult a trademark attorney to do a proper trademark search and give you an opinion on moving forward.
What can I do to protect my work from others trying to reduplicate it without my permission ?
answered on Aug 2, 2020
Copyright protects original works of authorship. In cases of original works, copyright registration would provide notice to others that your work is protected by copyright and that you are the copyright owner.
If I trademarked a word like Spider-Man (Which is trademarked to Marvel, just using it as an example), will that also trademark the name Spiderman, Spider Man, or any other variation of. Thanks!
answered on Jul 15, 2020
Trademark infringement is based on – at least partially because there is more than one factor -- the similarity of the marks – where the marks do not need to be exactly the same to be considered similar. This can be sound alike or look alike – and other elements of similarity.
This... Read more »
begun using it in the same class? Is there a period of time after which a trademark is listed as abandoned or dead that it is ok to beging using it?
answered on Jun 28, 2020
Generally, trademark rights are based on use. Using a mark gives common law rights to the user of a trademark. Registering a trademark with the federal government will give extra rights in addition to the common law rights. Therefore, even if a trademark does not have an active registration,... Read more »
answered on Jun 27, 2020
Just because a trademark registration has a status of abandoned, does not mean that the trademark owner stopped using the mark or that someone else has not started using the mark in the same or related class.
answered on Jun 25, 2020
Names are not patentable or copyrightable. In most cases, not trademarkable either. Use the Find a Lawyer tab to consult a local intellectual property attorney to review with you.
If i go to Starbucks and purchase a reusable cup, am I legally allowed to go home, personalize it with a name or decoration and resell it? I’ve read several things, such as the “first sale doctrine”, and that leads me to believe that this is legal as long as I am not reproducing the logo or... Read more »
answered on Jun 6, 2020
When you buy the cup, you own the cup, but you do not own the copyright rights associated with the logo. Your additions could be considered as creating a derivative work without the copyright owner's permission. Also, you would be infringing upon the trademark, and, since Starbucks mark is... Read more »
E commerce seller with business. Wants to sell dumbbells. does not want to be in trouble with patent law. Your help would be appreciated.
answered on Apr 19, 2020
Unless there are other details beyond what you have posted, you should be able to buy from anybody a standard product and put your trademark there.
You need to file for a trademark of course.
always consult with an attorney.
480 324 6378
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.