Trademarks are registered within classes of goods and services, and the same mark may be allowed to be registered in different classes if there is no likelihood of confusion.

LAWYER UP VIRGINIA (reg 6329342) is registered in Class 45 for attorney services. (The word VIRGINIA in this... Read more »

Hello from a longtime tabletop rpg player! I've had the pleasure of knowing and gaming with some of the leading names in gaming going back to the early 80s. This is one of my favorite topics, and the answer to your question is—both.

A company is registered through the filing of your... Read more »

Not sure what you need a bankruptcy lawyer for….?

Consult a qualified trademark attorney to prepare and file an application for federal registration.

You will need to describe the goods or services provided, specify the date of first use, and submit an illustrative specimen of how the mark is used. The process takes at least 8 months these... Read more »

Book titles cannot be registered as Federal trademarks unless they are attached to a series of books or editions. Titles also cannot be copyrighted.

Here, you are proposing, however, to write a book with a title that shared with an extremely famous book: The Hero's Journey by Joseph... Read more »

I could give you a better answer if I had some additional information. For now, I will assume that the thing you are selling on eBay is the product of another company. For the sake of discussion, I will assume that company is Nike. If you are selling something with the Nike Swoosh on it, you cannot... Read more »

It's important to remember that the registration of an LLC or other business entity name with your state naming authority is a totally different process than Federal trademark registration with the US Patent and Trademark Office (USPTO).

A name may be "free" within the state... Read more »

The attorney should not have given unqualified assurance that the mark could be registered merely on the basis of an initial search. Applications to register trademarks are reviewed by a USPTO examining attorney about six months after submission, and in your case apparently the examining attorney... Read more »

Trade dress constitutes a “symbol” or “device” within the meaning of §2 of the Trademark Act. It encompasses the “total image and overall appearance” of a product, not just the packaging: the totality of the elements, including size, shape, color or color combinations, texture, and... Read more »

Yes, there are several federal trademark registrations for the single word WIFEY (including one for wine), and some more with the word included (such as THE WIFEY REHAB).

If you are considering using the word as a trademark for goods or services, you should consult a qualified trademark... Read more »

What you describe is known as "nominative fair use" of the trademark or brand, merely to refer to the brand and not to compete with the trademark owner.

Nominative fair use permits use of a trademark to refer to the trademark owner’s goods and services associated with the mark.... Read more »

There are options to revive an abandoned mark, but it is likely at this point that you would need to file a new trademark registration application if you now intend to use it in relation to the sale of a product or service in interstate commerce.

Contact a trademark lawyer to discuss your... Read more »

The name of a business or product can be registered as a trademark with the US Patent and Trademark Office to the extent that it is used in relation to the sale of a product or service in interstate commerce. That is, across state lines.

Further, the name must be sufficiently unique to... Read more »

Try this web site:

https://clc.com/

You would protect your artwork with a US Copyright registration. Your work is copyrighted "automatically" the moment your artwork is affixed in "tangible" form. A copyright registration records your ownership and gives you the right to sue for copyright infringement and to make... Read more »

The USPTO record for the CELOSA ROSE trademark application shows a status of abandoned “because the applicant failed to respond or filed a late response to an Office action.” The records also show that the USPTO requested that the applicant “either provide documentation to support... Read more »

Your federal trademark registration for THE CHEESECAKE FAIRY (no. 6377579, for baked goods and store services since 2018) provides the ability to sue infringers in federal courts throughout the nation. Whether you can sue in your own state or in the state of the infringer, is a question that an... Read more »

It depends on a few things. First, what goods/services is MELANIN registered for? If the goods/services are the same/similar to whatever your design will be used for, the risk that you are infringing is relatively high. If not, then there might be little to no risk at all. Keep in mind that MELANIN... Read more »

A "606 status" means the PTO has deemed the application "abandoned" for failing to file a statement of use ("SOU"). The need for an SOU arises when the application is filed as "intent to use," meaning the applicant is not currently using the mark in commerce... Read more »

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... Read more »