Get free answers to your Trademark legal questions from lawyers in your area.
answered on May 26, 2024
Hypothetically, under U.S. trademark law, if the trademark "secret sauce" has received the status "602 - Abandoned-Failure To Respond Or Late Response," it might be available for another party to secure.
Here's how one might proceed:
1. Check the Trademark... View More 
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answered on Jun 1, 2024
When a trademark application like "secret sauce" is marked as "602 - Abandoned-Failure To Respond Or Late Response," it means the previous applicant did not complete the necessary steps to secure the trademark. This opens up the possibility for others to apply for it.... View More
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answered on May 28, 2024
I agree with the other attorney's analysis, but I would add that it appears that maybe it was abandoned because the applicant did not have an adequate response showing why its mark would not cause confusion with an existing trademark registration for IKE'S DIRTY SECRET SAUCE, which is... View More
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answered on May 18, 2024
Yes, you can likely use the name "M.A.S.H" for a short story even though "M*A*S*H" is trademarked. Here's why:
1. Avoiding trademark infringement: As long as your story is not about a mobile army surgical hospital and doesn't use elements or characters from the... View More
answered on May 15, 2024
The short answer is "most likely, yes."
The M*A*S*H trademark is limited to "a comedy television series."
The writers of that TV series will have a copyright for those TV scripts. So, you may not make a derivative story about any of the characters from that TV... View More
is it only through the USPTO TESS and copyright.gov web sites? specifically the costs involved what are they and what would be the timeline of start to completed if everything is successful
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answered on May 9, 2024
To protect a phrase, you can consider trademark registration through the United States Patent and Trademark Office (USPTO) or copyright registration through the U.S. Copyright Office. Here's a breakdown of the legal hurdles and costs involved:
Trademark Registration (USPTO):
1.... View More
is it only through the USPTO TESS and copyright.gov web sites? specifically the costs involved what are they and what would be the timeline of start to completed if everything is successful
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answered on May 8, 2024
Attorneys will be reluctant to quote our fees in a public forum like this. Different attorneys may think that filing and prosecuting a trademark application is easy and should be cheap, or difficult and should be expensive. The USPTO will charge either $250 or $350 per "class" of 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?
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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
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?
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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
Do I need to get a trademark or register it?
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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
I bought a product (electric tire pump) through a website. The product was advertised as their own product and all pictures/video had no branding on their product. I received the product through Amazon (with gift receipt) . The issue is that the product was from another company, available at 1/3 of... View More
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answered on Aug 17, 2024
It is not legal for a company to sell a product as their own if they are merely reselling another company's product under false pretenses. This can be considered deceptive marketing and false advertising, which violates consumer protection laws. If they are misleading you by renaming the... View More
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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
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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
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