Ask a Question

Get free answers to your Trademark legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
South Dakota Trademark Questions & Answers
1 Answer | Asked in Trademark and Intellectual Property for South Dakota on
Q: IF A COMPANY HAS THER FEDERAL TRADEMARK "MR.TIRE" , AM I INFRINGING IT BY USING THE NAME "MR TIRE AND/& SERVICE"?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2024

The answer depends on several factors, and a definitive conclusion would require a thorough legal analysis by an intellectual property attorney. However, here are some general considerations:

1. Similarity of the marks: "Mr.Tire" and "Mr Tire and Service" are very...
View More

Q: Can I sell a gps tracker that looks similar to the apple air tag as long as im not marketing or branding as apple airtag

I found a supplier that makes gps trackers but they look similar to the apple airtag and cannot find any information that will tell me if design is patented or not.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 19, 2023

When considering selling a GPS tracker similar in design to Apple's AirTag, it's crucial to be aware of intellectual property laws, particularly design patents. Apple may have design patents protecting the unique appearance of their AirTag, which means replicating this design could... View More

1 Answer | Asked in Trademark for South Dakota on
Q: if the description of mark involves font, the words printed in a different font aren't trademarked correct?
Linda Liang
Linda Liang
answered on Sep 8, 2021

You still have the trademark right because, if others use different font but the same words, on a similar product or service, consumers may be led to think that the product or service is from you, hence it will be trademark infringement.

1 Answer | Asked in Trademark for South Dakota on
Q: We are strictly a local business in SD, and we want to trademark "Handcrafted In the Name of Beer" but "In the Name of..

Beer" is already trademarked by a company in FL, who only does business in FL. Could we trademark ours and be safe? Would we legally have issues or is this allowed?

Benton R Patterson III
Benton R Patterson III
answered on Nov 17, 2017

You may be able to register a state level trademark, assuming the other company has a state level trademark and not a national level trademark. It is also possible that there may be an error in the other company's trademark filing or that you have superior rights to the mark based on prior... View More

1 Answer | Asked in Trademark for South Dakota on
Q: We are wanting to trademark a slogan for our company, "Handcrafted In the Name of Beer" but "In the Name of Beer"

Please remove Q&A.

Karima Gulick
Karima Gulick
answered on Nov 16, 2017

This would most likely lead someone to confusion between the marks and as such, you should probably find a different name.

As always, please read the disclaimers below.

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.