Trademarks



Trademarks are forms of intellectual property that protect identifying marks that distinguish goods or services. To be a trademark, the mark must be identified in the minds of consumers with a particular source of a good or service. Trademarks come in different levels of protection or "strengths," including generic marks, descriptive marks, suggestive marks, and arbitrary or fanciful marks. Please read on to find a trademark attorney, lawyer, trademark information, or to learn more about trademark law.

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Trademarks Articles
State Specific Resources
-  State Business Information Websites-  State Codes and Statutes Websites
 
Articles
-  Trademarks-  Trademarks, Service Marks and Small Business
-  Protect Your Business' Intellectual Property-  Preparing to Meet An Intellectual Property Lawyer
-  Trademarks
 
Hot Topics
-  Hilton, Trademarks and Not-So-Hot for Hallmark-  NFL Saints Fight Over the Who Dat Phrase Cheer
 
Do-it-Yourself Legal Forms
-  Copyright Registration-  Trademark Cease and Desist
-  Provisional Patent Application-  Trademark Registration
-  Release and Authorization to Use Voice and/or Likeness
 
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Hiring an Intellectual Property Lawyer
-  Intellectual Property: Meeting with a Lawyer-  Preparing to Meet An Intellectual Property Lawyer
-  Intellectual Property: Selecting a Good Lawyer
 
Related Topics on Lawyers.comsm
-  Copyrights
 

Ask a Lawyer - Intellectual Property Law questions answered by leading lawyers
Can I request compensation for 8-10 photographs that someone else published as their own?
I sold jewelry that was going to be published in a book using photographs that I took. Although we agreed to share credit in the book the buyer contacted the author refusing to share credit. The buyer submitted additional photographs that I had taken to the author claiming that she paid a professional photographer to take them. I have one of the jewelry pieces as well as the original files plus multiple email communications that prove the photos are mine. Can I send her an invoice requesting compensation for her using my photos with legal recourse if she does not pay? If this is the wrong category of law, which category is correct?
Ownership of Artwork and Designs
I co-founded a clothing company with a friend, He paid for a llc, and did a trademark for the name of the company, though while in the process of trademarking i was still creating the logo. We never got down to signing paperwork(I know i tried-he didn't want to, the reason why i'm leaving) He now tells me that the artwork I've created as designs and the company logo are his property under the company. I never once transferred rights over to him. Basically I've shown him what designs could look like and never sent him the finalized copies of the designs. He now starts saying that he can file a lawsuit to take authority of my artwork. I've worked hard for my designs and wont allow them to be used without my consent.
How much control can I retain by licensing intellectual property? Can I require training to ensure q
I'm an expert in my field, and I offer (under my single member LLC) proprietary workshops and seminars. I'd like to license other speakers to present my workshops. I want to have a certain level of control over the integrity of my brand and quality control, so I want to require licensees to attend (and pay for) training, but I want to be careful that the licensees not be classified as employees. How much control can an I as an IP licensor have over the terms of a license? Can I require training? If not, can I incentivize training by offering discounted royalties fees to those who attend training? How can I make sure those who are presenting my IP are doing so with skill and integrity without entering an employer/employee relationship?
Can a company sue me for a domain name and win if it has their trademarked word in it?
The company that's suing me is trademarked as Company. They provide advice on financial, health, economics, politics, etc topics via e-newsletters. Their website is companysomething.com. My company is trademarked as Company XYZ and it's an online store selling investment-grade products at companyxyz.com. They are suing me because they claim that what my online store is too close to what they do, and that there is confusion. They want me to cancel the trademark, and transfer the ownership of companyxyz.com domain name to them. I have recently changed the name of the business and got a new domain name which my old website companyxyz.com currently redirects to. Can they have the companyxyz.com domain name transferred to them via a court ruling? They are in MD, I am in WY.
Do U.S patents apply to products created in Canada?
I have created a product and have now learned there is a "patent pending" on a similar product in the U.S. There is no Canadian/International patent. Where or how can I sell my product without infringing? Can i sell online? Can I sell through U.S. distribution channels and dropship from Canada?
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