| Subject | Date Asked |
|
| Trademark, use of vehicle name | 9/24/2008 |
Q: I am writing a fiction book. Do I need permission to use names in my title such as BMW or Mercedes? ...
A: This sounds like nominative use or comparative advertising. Here's what Wiki says: "Nominative use ...
|
| Book title to use for a sculpture. | 9/5/2008 |
Q: I am an artist in Vancouver BC and I am building a sculpture for one of the Public Libraries here. I ...
A: I'd recommend contacting an intellectual property attorney and/or a licensing agent about obtaining ...
|
| Band name trademark | 8/23/2008 |
Q: My nephew is in a band he and his friends started together and want to trademark the name...I did a ...
A: It's necessary to research the mark comprehensively prior to filing to ensure that there is no ...
|
| use of trademark symbol in documents | 7/9/2008 |
Q: I've been told that the trademark symbol should appear in a document ONLY the first time that ...
A: There are no real hard & fast rules about the use of the TM symbol. Most folks do use the TM symbol ...
|
| trademark of a lighthouse | 6/21/2008 |
Q: I am thinking of writing a book on Maine lighthouses, is there a chance that the lighthouse names ...
A: This is called nominative use or comparative advertising. Here's what Wiki says: "Nominative use is ...
|
| Confusion | 6/20/2008 |
Q: I don't understand this: ("The continued existence of the subject registration casts a cloud upon ...
A: I'm sorry but any attorney referral I have will charge for their time. To answer your question ...
|
| Confusion | 6/18/2008 |
Q: I don't understand this: ("The continued existence of the subject registration casts a cloud upon ...
A: I'd recommend asking a trademark attorney these questions. It's best to find out before you do ...
|
| magazine trademark name | 6/6/2008 |
Q: I am thinking of starting a new magazine that has articles and information based out of southern ...
A: My apologies! I didn't understand the question fully. Honestly, yes, I do see a potential for ...
|
| magazine trademark name | 6/5/2008 |
Q: I am thinking of starting a new magazine that has articles and information based out of southern ...
A: To determine whether or not a name is legally available can be a bit tricky. Here are some links ...
|
| Barbie | 5/31/2008 |
Q: I have two questions. Can I use the name barbie with other word to make two words together for a ...
A: Barbie is a registered trademark of Mattel Inc. & has been since the late 50s. I'd strongly suggest ...
|
| copyright | 4/15/2008 |
Q: I've been selling miniature bears for a while now and would like to use a name for them 'Marigold ...
A: My apologies. AllExperts doesn't provide a country of origin so I always assume askers are in the US ...
|
| Quick Question | 4/14/2008 |
Q: I asked you a question the other day and you gave me a great answer. But, I forgot to ask one more ...
A: It's going to depend on your usage. If you use the logo AND name together (i.e. one does not exist ...
|
| copyright | 4/13/2008 |
Q: I've been selling miniature bears for a while now and would like to use a name for them 'Marigold ...
A: To protect a product name within your industry, you would apply for a trademark. Copyrights can be ...
|
| Trade Marks and Book Titles | 4/11/2008 |
Q: This may be too complex a question but I will give it a try. We have an author who is writing a book ...
A: I'd strongly suggest contacting a trademark attorney to discuss these details. Trademark law is ...
|
| Quick Question | 4/11/2008 |
Q: I am starting an online venture. I am considering getting a trademark. Since the business is online ...
A: Stroud, The process for filing for a trademark for a domain name is similar to any other name in ...
|
| trademark bandnames | 3/28/2008 |
Q: Can a band name be spelled different than a name out there, example Presence or Presenze without ...
A: Determining if marks infringe can be tricky and each situation varies from another. The general ...
|
| Business name & slogan?? | 2/3/2008 |
Q: I am starting my own business. I have picked my company name and have come up with a slogan. I ...
A: Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, ...
|
| Incorporated | 1/30/2008 |
Q: however I can not seem to find a straight answer. I was hopeing you may help. What is the ...
A: I'm not experienced with setting up entities but I've got some links that can probably shed some ...
|
| School Name | 1/7/2008 |
Q: I live in New York. For years, my high school has been referred to as "__________ Silver Warriors" ...
A: We have a section on our site about common-law usage: ...
|
| Logo Infringement? | 1/4/2008 |
Q: My family owns an auto repair shop that works exclusively on Saab and Volvo since 1985. We just ...
A: My apologies for the delay - I've been having a hard time logging into the AllExperts site. I'd ...
|
| book title and related merchandise copyright or trademark? | 12/12/2007 |
Q: I'm writing a book and see the future possibility of selling stuffed animals of the characters in ...
A: Titles are not eligible for copyright protection. If you're talking about a title for a series, it ...
|
| book title | 12/7/2007 |
Q: I have been trying to find out if the term "take it to the max" is public domain. I would like to ...
A: Since your intent is to use the term as a title of a book, public domain doesn't apply. Public ...
|
| Trademark | 12/3/2007 |
Q: I am thinking of starting my own clothing line and I want to know if I legally can mimic other ...
A: I'd strongly advise that you consult with a trademark attorney before doing so. Just because you're ...
|
| Copyrwriting or trademarking a book | 11/29/2007 |
Q: My daughter and I have written a book. I have found someone to illustrate it. Before we hand it over ...
A: For the book itself, the content, you can do this at the US Copyright Office. The application is ...
|
| Book title | 11/26/2007 |
Q: Can I copyright a book title? I don't have the book written yet, but I want to make sure nobody ...
A: Titles are not eligible for copyright protection. If you're talking about a title for a series, it ...
|
| SM /TM availability search | 11/20/2007 |
Q: I understand there are ways for me to do my own search without paying a fee. Is this true and it so, ...
A: There are plenty of search firms out there that offer comprehensive services, TradeMark Express ...
|
| SM /TM availability search | 11/18/2007 |
Q: I understand there are ways for me to do my own search without paying a fee. Is this true and it so, ...
A: I emailed you some links where you can do some preliminary name checking. However, please be aware ...
|
| Trademark process | 11/13/2007 |
Q: I am a volunteer with a non profit org. in the making. We are trying to understand the process of ...
A: Trademarks can be names of products or services, logos, slogans, packaging and even sounds and ...
|
| people name as trademark | 11/8/2007 |
Q: i know a persons name can be registered as a trademark of a company (for example, nike owns the ...
A: My apologies for the delay; I've been out of the office for a few days. I found a few links that ...
|
| geographical indications | 10/13/2007 |
Q: An Indian manufacturer of whisky starts marketing his new product under the brand name ‘Indian ...
A: I'd suggest contacting the Office of International Relations of the United States Patent and ...
|
| Tradmark/Name | 10/12/2007 |
Q: When a product that is owned by company #1 is devised to work with products of company #2, is it OK ...
A: Based on the information provided, that should be just fine. That's correct, it's called nominative ...
|
| idea similar,should I give up? | 10/9/2007 |
Q: I have been toying with this idea for months. My parents thought it was good enough,they were going ...
A: Without knowing any details, it's going to be impossible to point you in the right direction. If you ...
|
| Trademarks | 10/1/2007 |
Q: I am working on an assignment for class and I was wondering if the words "Yummie O's" be used as a ...
A: Here's what the USPTO has to say about descriptive marks: "A mark is considered merely descriptive ...
|
| Tricky Trademark Question | 10/1/2007 |
Q: Can you please tell me what would happen in the scenario below: Person A starts using the company ...
A: Of course, each situation varies from the next & there are bound to be many nuanced details so this ...
|
| Using a trademark in a book title | 9/26/2007 |
Q: Can you use a trademarked word in a book title (i.e. Bratz, Barbie, Polly Pockets)?
A: That sounds like it'd be just fine though I'd recommend running the exact details by a trademark ...
|
| Should I trademark a word and symbol or just a word | 9/21/2007 |
Q: What would you recommend in terms of trademark registration with a word and a symbol. The word mark ...
A: Essentially, whatever is listed on the trademark application should be how the mark is actually ...
|
| Using a trademark name in a book | 8/19/2007 |
Q: Can I use the word "Jell-O" in a children's book without infringing any trademark laws? Can I spell ...
A: That sounds like it'd be just fine though I'd recommend running the exact details by a trademark ...
|
| Book Title vs. Corporate Trademark | 8/16/2007 |
Q: Can a book title infringe on a corporate trademark for a product that a company makes (the company ...
A: Without knowing further details, it's hard to say. I hesitate to ask you to post this information in ...
|
| Trademark and Copyrights | 8/14/2007 |
Q: If a book title is protected is that called trademarked or copyright? I would like to do a ...
A: Book titles are a bit trickier when it comes to protection. You cannot copyright a book title but ...
|
| Reserving a book title | 7/31/2007 |
Q: Is it possible to reserve a book title before the book is actually published. Say I want to write a ...
A: Book titles are a bit tricky. You can submit for copyright registration for the book itself, even if ...
|
| Naming tools | 7/6/2007 |
Q: I'm glad I found your section on here! I am tryign to decide on a name for a small buisness im ...
A: Here's a few things to keep in mind: 1) Keep your industry, your clients/customers, your ...
|
| Telent Show | 6/25/2007 |
Q: I am planning a big event in Arizona,is a Talent Show, that I am thinking to have every year, but I ...
A: To protect a business name within your industry, you would apply for a trademark. Trademarks can be ...
|
| photos and trademarks | 6/10/2007 |
Q: If I wanted to sell a photograph with and the boy is wearing a hat with a professional sports team ...
A: It's likely going to depend on who/where you're selling the photo to, what team it is & how closely ...
|
| Advertising Slogan | 5/25/2007 |
Q: I have come up with what I believe to be a fairly catchy advertising slogan. However, I am not in ...
A: When filing for a trademark, a goods/services description must be given & typically cannot be ...
|
| Questions (legal) about naming a company | 4/23/2007 |
Q: We're starting a small dog-related business and really like a particular name "Unleashed". There ...
A: Determining if marks infringe can be tricky and each situation varies from another. The general ...
|
| patent | 3/14/2007 |
Q: can a patent be applied to a cake recipe?
A: That would be a copyright issue. You can do this at the US Copyright Office. The application is ...
|
| Quick Question | 3/11/2007 |
Q: I was wondering what the difference is between a; Copyright, Service mark and a trademark? I am in ...
A: Copyrights can be obtained for things of an artistic nature. This includes, of course, poetry, ...
|
| TRADEMARK ON MY NAME | 2/11/2007 |
Q: I APPRECIATED IT. I FEEL THAT THE MORE IMPORTANT THING FOR ME TO DO RIGHT NOW IS GET MY SONGS ...
A: The copyright & trademark agencies don't "speak" to one another, so there will not be a record of ...
|
| TRADEMARK ON MY NAME | 2/9/2007 |
Q: I AM AN ARTIST IN DETROIT,MY BOYFRIEND SAID HE GOT HIS STAGE NAME COPYRIGHTED AT THE CITY COUNCIL ...
A: Yes, absolutely. If you're using your name in connection with product lines and/or services, you can ...
|
| Event Planning Event Names | 2/6/2007 |
Q: I am an event planner and have a client who wants to do a big city/statewide event to promote her ...
A: Trademarks are not mandatory; however, there are several benefits to having a Federal trademark: "• ...
|
| Public domain | 2/3/2007 |
Q: If I go to a museum and take a photograph of a painting produced in 1714 AD can I then copyright my ...
A: I imagine it would depend on the context of the photograph & I'd recommend contacting a copyright ...
|
| Public domain | 2/2/2007 |
Q: I am trying to determine if a photograph of a painting that is in the public domain is copyrightable ...
A: Hmm, without knowing further details it's difficult to state. In a nutshell, if the work is in the ...
|
| Question. | 1/31/2007 |
Q: I'm am basically trying to start my own clothing line from ground up and I have alot of ideas for ...
A: To register a trademark, that's done either through your Secretary of State for a State trademark or ...
|
| non profit name trademark/copyright | 1/21/2007 |
Q: Can or should a non profit copyright/trademark their name and logo?
A: Non-profits absolutely can trademark their name/logo. Trademarks can be names of products or ...
|
| Trademarks on Website | 1/15/2007 |
Q: What's the correct business etiquette for how many times should can mention your trademark on ...
A: While there are no hard & fast rules about this, I do think there are general "rules" one should ...
|
| Trademark Refusal | 1/11/2007 |
Q: I hope you'll be able to point me in the right direction. Today, I received notice that my company ...
A: Without knowing further details, honestly, it's going to be impossible to point you in the right ...
|
| Selling recyled clothes with logo/name on them | 1/9/2007 |
Q: I am doing my research with regards to buying from thriftshops and/or recycling what is given to me. ...
A: Since your wanting to use other company's trademarks as part of your redesign, I strongly recommend ...
|
| copyright / trademark | 1/8/2007 |
Q: I have a question regarding my band's name. Our name is Fancy thermos. Now, the word Thermos(capitol ...
A: J., Capitalization, spacing, etc. are not major factors when it comes to determining if marks are ...
|
| magazine/domain name | 11/26/2006 |
Q: My question is very simple -- There is a website called "www.repentamerica.com" that deals with the ...
A: Without knowing further details, it's hard to know if this will be an issue or not. Determining if ...
|
| Trademark Question | 10/31/2006 |
Q: I just used Blue Sky as an example. I was afraid to give out the REAL name. What do you mean ...
A: Ah, okay, no wonder I couldn't find it :) Filing a trademark grants the owner exclusive rights to ...
|
| Trademark Question | 10/31/2006 |
Q: My question is this. I want to trademark a name for a new cosmetics line. If someone has already ...
A: Descriptive words typically are not strong enough to differentiate one mark from another. However, ...
|
| copyright | 10/24/2006 |
Q: I hope to use that info too; but initially I was wondering about copyrighting individual phrases on ...
A: You're so welcome! Short phrases are not protected by copyright. Here's what the US Copyright ...
|
| copyright | 10/23/2006 |
Q: I've read in a few different places that one cannot copyright a short phrase - such as for a ...
A: Protecting phrases, words & designs for clothing is a bit tricky. In order to qualify as a clothing ...
|
| trademarking a book title & notion | 10/14/2006 |
Q: One of my clients is thinking of trademarking the phrase "funky to fabulous," which is also the ...
A: Showing trademark notices are not as stringent as showing copyright notices. The trademark office ...
|
| Company name | 10/11/2006 |
Q: I would like to no how I can get right to a company name of a business I want to start up. What do I ...
A: I listed some links where you can do some preliminary name checking. However, please be aware that ...
|
| Trademark | 10/10/2006 |
Q: I run and own a family business which has been in existence since 1937.My company is incorporated ...
A: Yes, that is correct. A trademark will grant you the exclusive rights to the name within your ...
|
| Trademark on ring | 10/8/2006 |
Q: I purchased a ring at an estate sale which is a cocktail ring with 30 sapphires set in 14 K gold. ...
A: I did a quick search of the USPTO files & found the following information: Mark (words only): THL ...
|
| starting a business | 10/5/2006 |
Q: I am on the process of starting an online company. I was wondering if you could tell me how to ...
A: The different steps you'll need to take will vary on where you're located & the industry that you ...
|
| trademark/service mark registration | 9/30/2006 |
Q: I am a small home-business owner. I would like to register my service mark and company name. Should ...
A: I tried to reply back to your email but got a failure notice. So I tried again but added a G to the ...
|
| trademark | 9/4/2006 |
Q: I have noticed that a particular name has been trademarked several times by different individuals. ...
A: Yes, a name can be filed for a trademark by different individuals/organizations/companies. While the ...
|
| Question about a T-shirt | 8/24/2006 |
Q: One moreWhat about using a trade marked name on T-Shirts with a funny phrase not a logo. I have ...
A: Actually, slogans can be filed for a trademark. For instance, Just Do It ® is a slogan owned by Nike ...
|
| Using a trademark as a book title | 8/9/2006 |
Q: I came up with the perfect title for my new novel: "Seven Perfect Days". Then I looked in the USPTO ...
A: Fiction & non-fiction book titles can only be trademarked if they are for a publishing house AND if ...
|
| trademark infringement | 7/22/2006 |
Q: I want to setup a website to do ipod repair. I see Apple going after companies who used the name ...
A: That's a great question and one, unfortunately, that probably cannot be answered simply. There ...
|
| Trademark | 7/2/2006 |
Q: To trademark in Australia, do I need to be an Australian citizien? Do I need to have a company in ...
A: We only prepare & file applications for the US & Canada; my apologies. I do have international ...
|
| name creation for my business | 6/30/2006 |
Q: I want something that will make people feel at home or comfortable, captivated, mesmerized, relaxed, ...
A: Actually, our parent company, NAME-IT offers those exact services. The naming services also include ...
|
| Trademark, Copyright advise sought | 6/27/2006 |
Q: I am planning a series of printed artwork. Lets say its about Chevrolet cars... The artwork will be ...
A: If you are wanting to use another party's trademark on your own private goods, you'll more than ...
|
| copyright | 6/12/2006 |
Q: I have a name for my company, how do I go about getting it copyrighted and see if it is already ...
A: You wouldn't copyright it. Copyrights can be obtained for things of an artistic nature. This ...
|
| Copyright/trademark dispute | 6/8/2006 |
Q: ------------------------- Hi, Can you recommend a UK based lawyer that I can contact? Thanks mark ...
A: I'm sorry, I do not. However, 2 of the attorney referrals handle international trademark law so they ...
|
| Copyright/trademark dispute | 6/8/2006 |
Q: I am an UK based ebay trader with the ebay user-id 'games2collect' & the email address ...
A: Your next step should be to contact a trademark attorney. Many issues will come into play here: 1) ...
|
| non-disclosure contract | 6/4/2006 |
Q: I have about two dozen product ideas, but I haven't been able to find a lawyer that actually does ...
A: I did a bit of research for you & found sites that's relevant to non disclosures as well as your ...
|
| TradeMark | 4/6/2006 |
Q: Trademark Questions I want to purchase Nike shoes on Ebay which I can get them at a good price but ...
A: I would strongly recommend contacting a trademark attorney before proceeding with selling another ...
|
| Columnist | 4/6/2006 |
Q: I appreciate your interest in working with SPiN on this exciting new opportunity. I believe the ...
A: That sounds great. It's possible that the president of the company may want to be in on the call. ...
|
| Columnist | 4/5/2006 |
Q: I am contacting you from SPiN - Super Powerful Networking, the reason for my email is I wanted to ...
A: I'm definitely intrigued & would like to discuss this further. Listing of Topics: Trademarks & ...
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