trademark

  1. J

    Are color combinations protected by copyright or trademark?

    Hi, Wondering if color combinations, for example the colors that Instagram uses, can they be used on a movie poster without being considered infringement? The logo would not be used. There would be no logo of any kind in and around the use of the colors. The use of the colors would make up a...
  2. W

    Copyright Need help with copyright possibilities for a game idea

    I want to create a theatre management game and don't know if I can add titles and dances of pre-existing plays. I am fine with slightly altering the play title, and was planning on creating unique music and costumes, but I am worried about copyright infringement for the dance moves. I was...
  3. S

    Alleged Trademark Infringement In Google Ads and Website

    We received this letter from a competitor's attorneys. I changed the competitor's name to 'Trusted Movers' and our company's name to 'National Shippers' for anonymity. This firm represents Trusted Movers, Inc. the owner of the service mark TRUSTED MOVERS (the "Mark"). Our client has...
  4. W

    Trademark fitness business??

    Hey all, I own a personal training, nutrition, and posture/pain management business. I want to change my biz name -to let’s say ‘Ace fitness.’ I checked and unfortunately someone in Utah has the name and website already. Their trademark reads ‘♤ fitness’ and their website is Acefitness.com...
  5. R

    Quick Trademark Question

    Hi I have a quick trademark question. At the USPTO's website it says one of the benefits of registration is: Legal presumption that you own the trademark and have the right to use it. So, in federal court, your registration certificate proves ownership, eliminating the need for copious amounts...
  6. H

    Trademark Possession of a TLD domain name by a company that has registered the same name in United States Pate

    I have a question and a concern about starting my new business with a TLD domain name similar to a .com domain and registered by another person. I own a TLD domain similar to the .com extension registered by another company in the United States Patent and Trademark Office. I have to mention...
  7. C

    Trademark eBay re-selling and "trademark infridgement"

    Hi all! So I have resold a few supplements on eBay recently that I got brand new from a company (on Amazon). After a few months I received a letter in the mail of noncompliance from the supplement company, saying "our attourneys advise that the first sale doctrine does not protect you from...
  8. N

    Is trademarking a brand NAME and brand LOGO a two-for-one application ?

    Hi, I would like to start a tee shirt company selling them online and creating my own designs as well. I'm more concerned about trademarking the NAME than I am the logo but if I can do both at one for one cost in one application, than I will. I see you can enter the name in in standard simple...
  9. J

    Can I use song titles for product names?

    Hi there, I was wondering if it is possible to use song titles for product names. I have a soap business and was hoping to name them after popular rock songs (e.i sharp dressed man). The artist/band won't be mentioned nor will the products have a correlation to them. No song lyrics will be...
  10. M

    Using an expired trademark and patent

    Hi. There was company started in 1980s that sold a specific shaped product. The actual ornamental shape was patented around that time. The company went bankrupt in 1993. The family members of the owner of the company are happy with me bringing back the product to life but the owner of the...
  11. J

    Trademark Trademark Question

    Hello- I am building an online-only business (don't want to give a specific name, so I'm using fictitious info here) and am concerned that what I've chosen could be a trademark issue. Let's say "YourYardCard.com" is my business name. (Purpose is to sell a discount card for gardeners.) I'd...
  12. B

    Trademark confusion

    Hello I own a fertilizer company since 2014. Let's call it (fantasy name just for this example) "Agroproducts Consulting, LLC". We have around 25 fertilizer products. Each product label has my company name and the company logo in it. The company logo consist in an stylized letter with just the...
  13. matthewjmiller07

    Trademark Trademark and Translation

    Would it violate the trademark of a company's name if the name is translated? I'm under the impression that translation is indeed protected, but my question revolves around whether or not a name can be translated. Example: Ben & Jerry's translated into Hebrew: Binyamin & Yirmiyahu
  14. T

    Trademark TESS said "DEAD", domain title now free for use in the same field? Trademark are not used for Years.

    Hello. Can a "DEAD" Trademark (earlier used as two word domain title) be used as domain name (same field, but other TLD), if the Trademark is also not in use for years (because of the common law). For example for 5 or 6. or... (a certain number of years?) years absolutely nothing. Except a...
  15. Starting a Business Checklist 1: Planning

    Starting a Business Starting a Business Checklist 1: Planning

    Good planning is critical for the success of any entrepreneur. This article, the first of three in the “starting a business checklist” series, will guide you through the initial stage of starting a new business. After you are finished planning your business with this information, you'll be able...
    • Michael Wechsler
    • Article
    • 6 min read
    • business name business plan business viability corporate formation corporate organization domain name incorporation starting a business trade name trademark
    • Category: Business & Nonprofit Law
  16. How to Choose a Good Company Name & Brand

    Formation, LLC, Corps How to Choose a Good Company Name & Brand

    This article provides best practices on how to select a good company name when creating a new corporation. It is the third article in the "How to Create a Nonprofit Organization / Corporation" and fourth in the "How to Incorporate a Business (For-Profit)" series. Every for-profit corporation...
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