You should consult with a patent attorney. A patent attorney will also advise you on trademarks.

When selecting a patent attorney, make sure to select one that works in that subject matter specialty Namely, if your invention is in chemistry, consult with a patent lawyer that specializes... View More

Stephen E. Zweig Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 17, 2025

A patent attorney is the most suitable professional for your idea.

If your idea is for a product that may be particularly useful for universities, then it might be patentable. However, if your idea is about how to run universities more effectively, it may be considered "abstract"... View More

Although you can be sued at any time by anybody for any reason or no reason at all, Japanese companies tend to be less litigious on derivative works in general as opposed to American animation companies. The best you can do is reduce the likelihood that they will pursue action.

The key is... View More

If your name is a lesser included word in the same category as an existing mark, then that mark is generally not available. If the existing mark is for something unrelated to your clothing line, such as children's toys, then there is not likely to be any conflict.

For example, the... View More

First and foremost, you can be sued by anybody at any time for any reason or no reason at all. I repeat this all the time to my clients. There is nothing you can do about it. However, it should be over shortly if they don't have a reason to recover.

If there is an active patent on the... View More

If you have a trade license for "Business Journal" for a country outside of the United States, it does not apply to within the United States. That name is already registered to a nationwide entity doing business on business. You can make your website available unblocked on the internet,... 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

First, have you looked to see if anyone has registered the name REDFIN PRINTS, or something similar? You mention that you want to trademark both the name and logo in Florida, so are you looking for federal registration or do you just want to protect the marks locally? If you're looking for... View More

Registering a trademark for "The Maytals" in connection with performing and recording would might face significant legal obstacles, if there are other trademarks including the word "Maytals".

Even if trademark names are not identical, the USPTO examining attorney will... View More

Alan Harrison Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2025

Trademark rights are based on use of the mark. Registration is like icing on the cake - without use, it's silly and pointless. That is why a statement of use must be filed to maintain registration. However, sometimes the SoU is not filed only by mistake, while actual use continues and... View More

Trademark applications do not get assigned to an examiner immediately, and it is some time before they get examined. Currently, you can expect to wait about 6 -8 months before receiving action on your case.

Alan Harrison Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 30, 2025

The sine qua non of trademark registration is actual use in commerce that Congress may regulate. You cannot register a trademark before you have established a business that actually offers the service for which you want to register the trademark. However, you can APPLY for a trademark registration... View More

It is important to file a trademark application in the name of the correct owner (otherwise, your trademark registration will be at risk). The correct owner is typically the individual or entity actually using the mark in commerce. Assuming your "business institution" is the entity that... View More

Yes. You can file an intent to use trademark application. You'll be able to secure the name without having to provide a specimen for 6 months after the application is approved.

Patrick A. Twisdale Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 13, 2025

Trademark rights in the United States are primarily governed by federal law and adjudicated through the U.S. Patent and Trademark Office (USPTO) and the federal court system, rather than through state registration systems. While some states, including Illinois, do maintain their own trademark... View More

To answer your specific question, the fact that one name is stylized and the other is not is usually insufficient, by itself, to distinguish the marks for purposes of trademark infringement. However, it sounds like there are a number of differences in this case, and it is difficult to do any kind... View More

Alan Harrison Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2025

Assuming that the trademark is not still in use (which may be different than its official registration status), and assuming that there are no marks in use that are sufficiently similar so as to raise a likelihood of confusion, then you might be ok to take over an "abandoned" mark. But... View More

Presumably, you are talking about the USPTO's database of federally registered trademarks. Since the registration has been abandoned, you are free to file your own application for the trademark. However, if the original owner is still using the mark in commerce, they may still retain some... View More

If the trademark is abandoned on the USPTO and no longer in use you may have the opportunity to take over or register the trademark yourself with the USPTO. You should work with a trademark attorney for them to review if any similar marks already exist and why the prior mark was abandoned to see if... View More

Alan Harrison Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 11, 2025

There are various ways to work around a "likelihood of confusion" refusal by the USPTO. The most common is to try getting a concurrent use agreement with the owner of the "confusing" registered mark. This is something that any trademark attorney could assist you.