Usually, the answer to this question is "Yes," but it depends upon your LLC name, your intent as to its use in trade, and the extent to which consumers of your goods or services are even presented with the LLC's name, as opposed to a trade name, product name, or slogan/advertising... View More

You should hire an attorney who practices in the area of intellectual property law to discuss with you the typical contents of an intellectual property transfer agreement so that you know what types of terms and conditions are common in this type of sale. Market your trademark to potential buyers... View More

The Applicant never completed the registration process. In order to obtain a Registration Certificate, the applicant needs to file a declaration with a specimen establishing that they are using the mark in commerce. The applicant did not do that. They may not have actually used in commerce, or... View More

It depends on whether use of the mark is sufficient to be considered use "in commerce". Through the business the mark would need to be associated with the sale of goods or providing a service, in addition to being associated with social media accounts and websites. If there have been... View More

Based on your prior use of the mark, even if not registered, you should prevail over a later user of the mark in any litigation or administrative proceeding such as the US Patent & Trademark Office. If the later user has applied for federal registration, and that application advances to the... View More

When mentioning "Disneyland" in your book, you are likely within your rights under U.S. trademark law, particularly under nominative fair use. Trademarks like "Disneyland" protect brand identity, but your use of the name to describe a factual event—such as characters visiting... View More

If you want to print personal wear (e.g., T-shirts) featuring Evangelion characters and logos for personal use, here are the key legal considerations:

Copyright and Trademark Issues

Copyright:

Evangelion characters and logos are protected by copyright. This means that any... View More

The concept of "personal use" in copyright law is complex and varies by jurisdiction. In some countries, there's a distinction between making a single copy for personal use and creating multiple items, even if they're not for sale.

In the U.S., the "Fair Use... View More

Given that it has been more than three years since the mark has been abandoned, it is likely you are in the clear to pursue registration. Yet, the owner of the "dead" trademark may still be using the mark in commerce. If so, they would still have common law trademark rights to the mark in... View More

Based on the information provided, here's an analysis of your situation:

Trademark Application Status:

Having only an application for a trademark, without approval, does not grant full trademark rights. The applicant does not have enforceable trademark rights until the mark is... View More

Normally, online marketplaces like Amazon and Etsy require merchants selling items on their platforms to prove they own or have a license to use IP when a complaint is made. People and companies legitimately selling products in online marketplaces can usually provide proof of ownership or... View More

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answered on May 31, 2024

Using the phrase "This Is The Way" on your website to signify going to the next page could potentially raise concerns with Lucasfilm, as the phrase is strongly associated with their "The Mandalorian" series. While it might seem like a fun and harmless addition, it is important... View More

Under trademark law, no one can register a trademark with a person's surname (i.e., last name). Companies can still use a name as a trademark/brand and simply not apply for federal or state trademark registration. If a first name is unique, then it might fall under the trademark category... View More

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answered on May 1, 2024

If a company is using your unique name on their product, and it's causing significant problems for you, there are several steps you can take. First, consider reaching out to the company directly to express your concerns and the specific issues their use of your name is causing. A respectful... View More

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answered on Apr 25, 2024

The issue of whether your baseball facility can use the name "X" when there is already a softball facility named "X Softball" depends on several factors. Here are a few considerations:

1. Trademark: If "X Softball" has a registered trademark for their name,... View More

When considering trademarking "Together We Can," it's crucial to conduct thorough research to ensure the name is available and eligible for trademark protection.

Start by searching the United States Patent and Trademark Office (USPTO) database to confirm that the previous... View More

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answered on Apr 11, 2024

It's possible to apply for a trademark that was previously registered but has since been abandoned. However, there are a few important considerations:

1. Make sure the trademark is truly abandoned. You can search the USPTO (United States Patent and Trademark Office) database to confirm... View More

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answered on Apr 11, 2024

I understand your concern and frustration with this situation. Here are a few important points to consider:

1. Transparency: A reputable trademark attorney or company should be transparent about any opposition or contestation to your trademark application. They should provide you with... View More

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answered on Apr 5, 2024

The legality of using a play on words and image theme from a classic TV show for your snow cone stand depends on several factors. While you may be able to use a clever play on words, directly using trademarked names, logos, or images from the TV show without permission could infringe on the... View More

I recommend seeking advice from a trademark lawyer as the answer depends upon the specific name and use of your own name and the TV show name. Depending on the name, the TV show may come after you for trademark infringement. To give some background, trademark infringement for puns hinges on whether... View More