I’m starting a YouTube channel and want to sell my own merchandise through print on demand. Shirts and hats with my logo and YouTube name on it. I don’t have a bunch of upstart money, so do I have to register a trademark through the US government before I can sell?
answered on Mar 4, 2024
No, you are not required to register a trademark through the US government before you can sell merchandise like shirts and hats featuring your YouTube name or logo. Trademark registration offers legal protections, including the exclusive right to use the mark in connection with the goods or... View More
I’m starting a YouTube channel and want to sell my own merchandise through print on demand. Shirts and hats with my logo and YouTube name on it. I don’t have a bunch of upstart money, so do I have to register a trademark through the US government before I can sell?
answered on Mar 6, 2024
In the US, formal trademark registration is not a prerequisite for selling products bearing your logo or brand name. Consider these points:
Common Law Trademark Rights: Your use of a unique logo and brand name in business operations instantly grants you common law trademark rights. This... View More
Do I need to get a trademark or register it?
answered on Dec 5, 2023
You have a couple of options for protecting your original work, as described. The first would be to copyright the book, or books, you write. You could do them individually (single author, same claimant, one work, not for hire) and pay the $45 dollar e-copyright registration fees for each.... View More
Do I need to get a trademark or register it?
answered on Dec 4, 2023
When writing a Children's Book the best protection is the copyright protection for the book. Be sure to once the final version of the book is complete to register the work with the Library of Congress. A copyright is not protected in court without being official registered work. The... View More
answered on Oct 2, 2023
This is not a copyright question, but really belongs in the realm of trademark law. Whether you can use any particular name for a product or business cannot be answered unless and until you do a thorough name clearance search. Yes, they do cost money, but the money spent upfront can be considered... View More
answered on Oct 15, 2023
Using "All the Smoke" as the name of a spice blend is contingent upon whether the phrase is already trademarked in a similar category of goods. To determine its availability, you would conduct a trademark search in the United States Patent and Trademark Office (USPTO) database. If... View More
answered on Aug 6, 2023
You may generally use your own registered trademarked logo within graphic artwork. However, any modifications to the logo should be done with caution to avoid weakening the distinctiveness of the registered trademark and potentially infringing on the rights of others. It is advisable to consult... View More
answered on Mar 10, 2023
To trademark your artwork, you can file an application with the United States Patent and Trademark Office (USPTO). A trademark protects the use of a word, phrase, symbol, or design that identifies and distinguishes the source of the goods or services of one party from those of others. To apply for... View More
answered on Mar 3, 2023
Trademark signifies a source of goods or services. Unless your artwork serves as a logo (which can be trademarked), you would have to demonstrate to the USPTO that the elements of your artwork are distinctive and unique enough (secondary meaning) to qualify as a source of goods. This can be... View More
specifially the grateful dead dancing bear graphic
answered on Feb 28, 2022
If a trademark registration has been cancelled, or if an application to register a trademark has been abandoned, that does not necessarily mean the trademark is no longer in use by its owner.
If the mark is still being used by its owner, but lacks a federal registration, your use for... View More
Hello, I have a question about the legality of using a companies logos on a startup's website for the user's information on a topic of which companies developments we use in our product. For example: "We are working with --> then goes the logos (Google, OpenAI, Epic Games) -->... View More
answered on Dec 30, 2021
Depends on the use. Most of the time they would have a program to allow people to show their logos.
Consult with an attorney.
answered on May 25, 2021
Maybe, it depends
You need to consult with an attorney to review your case and see what risks and options you have
answered on Apr 21, 2021
Just because there is no federal US trademark on it does not mean it would be fair game. An analysis would be much deeper. Besides, there are three live marks for "the sorting hat" and one is for a bunch of printed material. If you look at that, let's say you could open a coffee... View More
Actually, there's a trademark on "xtrafun kid products". So if I create a company called extrafun, is this bad?
how close does it have to be ? Will people be confused by the spelling differences, and is that sufficient ? Both companies are in the same product space
answered on Dec 21, 2020
Yes, it is very likely that the name you want to use, for the same products, would be considered confusingly similar, and thus unregisterable and infringing on the existing trademark.
Safest for you to choose another name ASAP - from what you say, any money you spend on marketing this... View More
answered on Jul 8, 2020
Well, assuming the grace period has already expired and there's no common law use or federal registration(s)/pending application(s) for anything identical or similar in the relevant categories, then you could attempt to register the mark. I'd recommend hiring a trademark attorney to... View More
(US Trademark)
answered on Apr 20, 2020
Generally speaking, a trademark does not have to be used or owned by a formal business in order to be deemed a valid trademark; commercial use by a sole proprietor may be deemed "use in commerce" for trademark purposes. If your question is referring to approval by a federal trademark... View More
It's being used in reference to the city of Portland. More of just a fancy way of saying Portland.
answered on Feb 29, 2020
Depends on how you are using it. Portlandia is a trademark for several items, see the USPTO's TESS search for details.
Would I likely get denied trademark even though their's is trademark with Dr. in front?
answered on Mar 12, 2019
Yes, very very likely
It will depend on the category where the existing trademark is registered
You should work both with a brand consultant and an attorney to make sure your selected brand is both strong for your marketing purposes, as well as clear, available and has a good chance... View More
would I probably get denied even though one is a good and one is a service?
answered on Mar 5, 2019
Yes, a trademark would be denied if it is used in the same industry segment. How wide one defines segment is a bit of an art itself, but the trademarked phrase (that's a pun) is "likelihood of confusion." To me, massage and spa are just too close.
If the trademark of the... View More
In 2009 the status is as listed above. Am I able to register this trademark today?
answered on Nov 16, 2018
If the mark is indeed abandoned, then yes it is available for you to prepare and file a new application for registration. Note that your application will be treated as new, so you'll have to go through the entire registration process; it will not simply pick up from the previous registration.
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