James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 24, 2023

To determine if you can apply for the trademark associated with serial number 88412652, you'll need to check its current status in the United States Patent and Trademark Office (USPTO) database. If the trademark is listed as abandoned or expired and there are no other conflicting marks, you... View More

When looking at the USPTO this mark is shown as abandoned. If the USPTO mark the trademark as dead then it is no longer protected and someone else can file for the mark. If the mark is still in-use and registered/active another individual or company would be unable to register for the mark.

Someone can always sue; the important question is whether someone would have a reasonable case against you. Usually, color alone is not sufficient to establish an enforceable trademark right, but there are exceptions, when a color has become associated with a particular product in the minds of... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023

In general, using a common color like "blue" in a business application is not likely to be considered trademark infringement, especially if the overall design, layout, and branding are distinct. Trademark protection usually requires a specific combination of elements that create a unique... View More

Fritz-Howard Raymond Clapp Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2023

DRAGON TALES was registered for "entertainment services in the nature of an ongoing children's television series" in 2000 by Columbia Pictures Television and the registration is now owned by Sony Pictures Television. The registration was renewed in 2019 for another ten-year term,... View More

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answered on Jan 22, 2023

Although there are trademark registrations for marks including the words WHONIVERSE and MULTIVERSE, use of these words in a slogan should be considered fair use and not infringing as they are generic terms.

In short, No. RL is part of a portfolio of trademarks that protect the Polo Ralph Lauren empire. I strongly suggest that you do not pursue this trademark as it will immediately incur the wrath of Polo Ralph Lauren and its lawyers.

Steve Charles Vondran Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2022

Generally speaking, you need to be careful when tying to use copyrighted pictures, images, characters, or real living third party persons in your NFT's. I know this is a new area of technology, but traditional principles of copyright law still exist. Unless you are making a COLLAGE, for... View More

You need to consult with an attorney.

The use of a name in a company name may or may not be indicative of a brand use.

And you would need to do a trademark search and analysis to find out your options.

So I don't want to sound like Im beating a dead horse, but you should consult with an attorney.

That might not be enough to pass the likelihood of confusion test or perhaps there might not be a need to add that subtitle.

consult with an attorney! we dont bite

The application itself will cost $250-$350 for each "class" of goods and services that you file in. For example, if you offer candles for sale, and candle making classes under the trademark "Wickzy", you would likely want to file in both classes in the same application. Many... View More

It's possible, but you should talk to a trademark lawyer to confirm. If the federal registration does not list your particular goods or services, the owner of the mark may have acquired state or common law rights with respect to the mark used with your intended goods or services. The federal... View More

Consult a trademark attorney to discuss your proposed mark in a private consultation.

Many of us offer free virtual consultations to potential clients nationwide.

The first step that is required to answer your question is to retain an attorney to conduct a thorough clearance... View More

You may still be able to register the trademark for use In Class 41 (Entertainment Services) with your scope of services limited to something like music production/distribution; but it really depends on the Summer Camps's mark - i..e how are they using it? What class are they registered in?... View More

I am sorry, I do not understand your question. Please explain more.

Wes

The answer to your question should be obtained in a confidential setting with a lawyer, not here on a public forum. You wouldn't want a "bad" answer to be public information and then used against you later. The short answer is maybe, and I recommend you consult an attorney if you are... View More

Short answer: Maybe.

Long answer: It depends on the willingness of the first company (who has the trademark registration) to either license its trademark rights, or otherwise work out a deal with the second company to allow a potentially confusingly similar mark to exist in the same market.... View More

A trademark attorney would need to do a bit of research to answer this question. If you want to know if you can trademark a name or logo, you should speak with a trademark attorney.

I do not see a problem with respect to patents for having an ambulance sound. While there are patents with respect to sirens, most deal with detecting a siren or other sophisticated interactions. https://patents.google.com/?q=siren&oq=siren

Chances are that your process to create a... View More

Possibly. The respective goods or services need not be identical to one another, only sufficiently related such that consumers would be expected to encounter the respective goods or services under similar buying conditions.