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Recent Trademark questions

I just started my own LLC as sole member and I plan on

HiI just started my own LLC as sole member and I plan on selling small rubber figurines to collectors. First on ebay and eventually from a website out of my home. Later on down the line I am open for a licensing agreement, but for now it will be just me pouring the rubber figurines out of my home office and managing everything.Based on my own internet research, I have come to these conclusions...Please correct me if I'm wrong on this.To protect all aspects of my business---I have to Trademark my company name, Trademark the unique name of my product line, and also Patent the figurines even though they are simple one-piece rubber items. Am I correct on this?So for example I would need a trademark for "Company ABC", then trademark the "Little Rubber Guys" name, then patent the unique rubber look and feel of my figures? Do I have this right? All separate applications? Please let me know if I am missing anything.As most startups are, I am super tight on budget and time and I don't want to waste either.I am willing to pay for the response...Please let me know what all I would need to do because I will have to make the next move within the week after I hear back on my LLC. Thank you for your time!!

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Ely

Counselor at Law

Juris Doctor

64,468 satisfied customers
Our brand manufactures and sells mobile phone cases for

Our brand manufactures and sells mobile phone cases for iPhone, Samsung, and others. What is unique about our product is that is is bundled with a tempered glass screen protector. Naturally as our brand is growing in popularity, competitors will start offering the same bundle. My question is if we trademark descriptive terms such as:1. Case with tempered glass2. Case plus tempered glass3. Case with tempered glass screen protector.Can these descriptive terms be trademarked?

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Alex Reese

Intellectual Property Attorney

JD

4,036 satisfied customers
I am making a towel and want to put the phrase "Vitamin Sea"

I am making a towel and want to put the phrase "Vitamin Sea" on it. This is a phrase that is not a registered trademark for any related products (at least via a quick search in the USPTO), and it is used by other apparel manufacturers. However, it's most common use is in the phrase "I need My vitamin Sea". This is the way most people are using it on clothes, swimwear, towels, etc. This is not the name of any related company in the industry that I know of, but I haven't done extensive research. I also see that there are some using just the two-word phrase "Vitamin Sea".. for example: https://www.365ist.com/simple-for-you-vitamin-sea-slogan-swimsuit-black.htmlAm I ok to use this phrase on my towel? It is not the name of my company, and the towel will still have my company logo place separately on the towel.

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Alex Reese

Intellectual Property Attorney

JD

4,036 satisfied customers
Copyright Question: My design team created a cool gradient

Copyright Question: My design team created a cool gradient blue cloud with detailed worried eyes and the clouds mouth looks zipped close with the words "There is no cloud, it's just someone else's computer." In a high-tech font Underneath the cloud.Well a guy had previously copyrighted a stick figure cloud with a stick figure worried expression, a zipped closed mouth. The words "There is NO cloud it's just someone else's computer" in a plain font underneath it.My question is, does that mean I can't sell my design on t-shirts just because he now has a copyright on his design? Even though my design is way different?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,056 satisfied customers
I'm looking for some specific information on trademark law.

Hi, I'm looking for some specific information on trademark law. Is there anyone that can help and specializes in this area?JA: Is the trademark federally registered?Customer: NoJA: Has anything been filed or reported?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: There's someone using the same name I want to use, in the same industry, but different type of product. They have not registered the trademark. I'm wondering if I can use it if I register it

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Alex Reese

Intellectual Property Attorney

JD

4,036 satisfied customers
If I own a gym called Until Failure. But after doing a

If I own a gym called Until Failure. But after doing a search, someone copyrighted that phrase to use on tshirts. Does that mean I can't print and sell tshirts with my gym name on it?

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Thomas Swartz

Attorney

Juris Doctor

2,690 satisfied customers
The report from legalzoom is very vague and includes

the report from legalzoom is very vague and includes businesses that don't appear to have anything in similar. I just want to know if they pose true conflicts according to the types of services and products offered.JA: What written documentation do you have?Customer: Can I email it to you?JA: Have you talked to a local attorney? Has anything been filed in court?Customer: No. I am filing a trademark for "Salt Beauty Society" and legalzoom sent me an initial report of all possible conflicts. They included other trademarks like "Old Salt Society" which sells clothing and we are providing beauty services. I want to see if something like that would be a conflictJA: Anything else you want the lawyer to know before I connect you?Customer: yes. there is also "beauty society" which sells beauty products but does not do services

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Alex Reese

Intellectual Property Attorney

JD

4,036 satisfied customers
I registered a domain name that I've not used yet, but plan

I registered a domain name that I've not used yet, but plan to. Someone offered to buy it from me (through GoDaddy Auctions). I said no, then a month later, a business name was registered with the state that mirrored my domain name. Do I have a right now, to call my business the same name as my domain name?JA: What written documentation do you have?Customer: The URL, obviously, and I could possibly find the offer to purchase email.JA: Have you talked to a local attorney? Has anything been filed in court?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: This is for a sole proprietor real estate business.

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Alex Reese

Intellectual Property Attorney

JD

4,036 satisfied customers
Received a DMCA on website and not exactly sure what content

Received a DMCA on website and not exactly sure what content i should remove because it's description was vague and didn't inform me of much.

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Ely

Counselor at Law

Juris Doctor

64,468 satisfied customers
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