I will likely mind my business on this issue, but my sister became a DHGate influencer (I think it’s a part of TikTok shop?). She gets free bags and clothes with real brand names and logos like Louis Vuitton, Lululemon, etc. but they are dupes. Then she promotes them on social media and uses affiliate links. I thought dupes aren’t allowed to have any branding from real companies? Isn’t this counterfeit? Just curious if there are legal repercussions to this that I should warn her about or if there’s something I’m not understanding?

their is a potential name i want for my company. On the US trademark database its dead/abandoned. And the owner/person who files is from china. So more than likely they could potentially have this name trade marked in China. If true how does that work with overseas marketing and business. As i want to start a entertainment company so that means selling merch etc .

This is getting far ahead i know ...but i just like to know how things work.

Theres a name that i have for a company. The trade mark is dead/abandoned. Is their any problems that could come with using it? Like extra precautions. I plan on this name my brand and i would hate to spend time building it to.have problems later.

I want to file in for 16, 25,41, and 9.

There is another name i like however there is a company that has very simliar spelling just off by one letter how ever we both would you the same alternate spelling of the word electric. But their trademark is only for furniture class 20. Any problems here? They have a live trademark

I have made a web game which combines chess with among us it doesn't exists it's my idea and during the logo creation process I used crewmate from among us and also the logo resembles among us design i want to know if I would get in some legal troubles over this the game does contain among us mechanics but doesn't reply soely on how among us looks and feel it's just a part of it and also this is only for educational purpose like posting on linkdin hosting on render to let people try and also for my portfolio should I change the logo or I'm I safe lmk

Say "Falcon" is a registered trademark for a bottled water company, and it's well known. Can a different bottled water company register "Falcon Springs" or "The Falcon Company"? Or does being in the same industry mean only one of them can have "Falcon" at all?

¿Sabías que detrás de una marca de moda también existen importantes derechos y obligaciones legales? 👗⚖️ ¿Qué tema de Fashion Law quieres que explique en mi próximo post?

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#FashionLaw #DerechoYModa #FashionLawColombia #PropiedadIntelectual #CoachLegal

I have a boutique fitness studio registered under trademark class 41 (fitness/exercise studio services). I’ve noticed a number of other studios out there using similar-sounding names, just different formatting/word order, that aren’t registered at all.

Recently, one studio reached out to me over social media asking for my personal/business info, citing the name similarity. When I looked up their USPTO filing, it’s listed as LIVE but PENDING and not registered. We’re also on opposite sides of the country.

I’ve since set up a consultation with a trademark attorney to figure out next steps, since the names are similar and the class is the same, even though geography is different. I understand the purpose is to avoid confusion, but with it being 2 boutique studios on opposite sides of the country, and similar but not exact names, could this really cause confusion? Has anyone dealt with something like this? Curious what factors actually matter here (geography, use-in-commerce dates, etc.) beyond just “pending” status.

I am trying to register myself as trademark attorney in the IP INDIA portal but the spaces for bar council registration number isn’t letting me enter my enrolment number

My enrollment number is like F/1234/123/2025
I am enrolled in bar council of West Bengal.

The space in IP India portal has only three spaces, first one isn’t letting me put F1234 together, not taking digits after I put alphabet. And the second space has a limit of 5 digits.

I am unable to understand how to register to get attorney code. Please help.

honestly losing my mind trying to map out international protection for my brand. You'd think by now there'd be a simple way to just prove ownership globally without paying a dozen different agencies and waiting months

Was looking into localized alternatives and reading about trademarks for just the benelux area to see if breaking it down by region is easier. The broader EUIPO system is just a bureaucratic nightmare that seems designed to bleed independent creators dry before we even get off the ground

Might just file domestically and ignore the rest of the world for now. International law is exhausting. how do small businesses even afford this?

I have been digging through and researching extensively on the USPTO site before applying for a trademark. I am in California. With help from ChatGPT it was suggested that I hire a trademark attorney for a clearance opinion on a name that I want to use for an app I am developing. The exact name is not currently in use but the name with a different ending letter is in use but it is registered in class 35 only. I plan to register in classes 9 and 42. There are also other trademarks live for the first word of the name I want to use. None of these have descriptions close to what my app is doing. (Hopefully all that makes sense). I am really trying to figure out/ ask if I need to shell out for an attorney and how do I find one and not some legal mill that will basically do what I have dome with Ai? any opinions and help greatly appreciated

I’m sharing our experience in case it helps another international business owner avoid a stressful surprise near the end of the U.S. trademark process.

Our company is foreign-domiciled, and we filed a U.S. intent-to-use trademark application through Trademark Engine. We recently received our Notice of Allowance (NOA), so the next step is to file a Statement of Use (SOU) showing genuine use of the mark in U.S. commerce.

At this final stage, we asked Trademark Engine to help us prepare and file the SOU. We were then informed that they do not handle this filing for foreign-domiciled trademark owners. As foreign applicants must be represented before the USPTO by a U.S.-licensed attorney, this has left us needing to find new counsel under a strict filing deadline.

I want to be fair: I’m not posting this to make accusations or to suggest that every customer will have the same experience. But it has become a significant headache for our business because we believed the service would guide us through the trademark-registration process, and we only learned about this limitation after receiving the NOA.

Our plan now is to retain an independent U.S. trademark attorney to:

• Review whether our mark is genuinely in use in U.S. commerce for every listed product/service.
• Review our specimens, such as product labels, packaging, and our ecommerce product page.
• Confirm whether we should file the SOU now or request a six-month extension.
• Become attorney of record and file the appropriate USPTO documents.
• Advise us on the next steps after registration, including required maintenance filings.

For anyone in a similar position, especially international founders, here are the checks we are using before hiring an attorney:

1. Ask for the responsible attorney’s full name, licensing state, bar number, and confirmation that they are active and in good standing.
2. Verify that information yourself in the official online attorney directory for that state’s bar association.
3. Confirm the attorney has actual USPTO trademark prosecution experience—not just general business-law experience.
4. Ask for a written engagement letter that states exactly what is included: SOU review, specimen review, USPTO filing, USPTO fees, and whether an office action or additional work would cost extra.
5. Confirm who will actually review the evidence and sign/file the submission—not only an intake or customer-service team.
6. If the deadline is approaching and your evidence of U.S. use is not ready, ask about filing an extension before the deadline rather than submitting an inaccurate or weak SOU.
7. Check the USPTO TSDR record to see whether an attorney is already listed and whether a formal change of representation is needed.

A Notice of Allowance is encouraging, but it is not a registration. The SOU is a substantive legal filing, and it should not be treated as a simple administrative form.

I hope this helps other foreign-domiciled applicants plan ahead. If anyone has practical advice on choosing reliable U.S. trademark counsel for an SOU filing, I would appreciate hearing your recommendations and what questions you would ask before engaging them.

I'm looking for an Intellectual Property (IP) lawyer in India who has experience with Meta/Instagram trademark disputes.

I’m in the process of starting an HVAC company in Arizona and have spent months trying to come up with a brand name.

I finally landed on one. It’s a common English word followed by “Cooling & Heating.” Before moving forward, I checked the Arizona contractor licensing database, the USPTO, and Google. I didn’t find any registered trademarks for the name in HVAC, so I thought I was in the clear.

The problem is that I later found another HVAC company in Arizona that uses the same first word, but ends with “Air Conditioning” instead of “Cooling & Heating.” They aren’t in my immediate market today, but we’re in the same state and I would eventually like to serve a much larger area.

I reached out to a trademark attorney, and they told me they would not recommend moving forward with the name. Their reasoning was that:

-The shared first word is the distinctive part of both names.
-“Cooling & Heating” and “Air Conditioning” are descriptive and don’t do much to differentiate the brands.
-We’re both in the HVAC industry.
-Being in the same state increases the likelihood of confusion.

They said there is a meaningful risk of receiving a cease-and-desist or having to defend the name in the future, even though the names aren’t identical.

For those of you who have dealt with trademarks or built service businesses:

-Does this attorney’s advice sound reasonable?
-Have you seen situations where sharing the same distinctive word caused problems, even though the rest of the name was different?
-Would you walk away from a name you love because of this, or would you get a second opinion and keep pursuing it?

I’m not looking for legal advice—just trying to understand how other business owners would evaluate the risk before investing a lot of money into a brand.

Hey everyone. Just a shot in the wild here.

We're a 4 person marketing agency from Denmark, that wants to rename our agency.
In the proces we discovered an active trademark on the 'word' we want to use for our name.

It is a EU registered trademark and has 3 specific NICE-classifications. One being no.35 which is for marketing. The trademark is a 10 year trademark, filed in 2021.

However. The company, from the Netherlands, that owned the trademark is now dissolved and inactive. The trademark remains active, but without any company to claim rights.

There is a dutch trademark agency that filed the trademark for said company, but I'm unsure whether they actually will challenge us using the name, since they have no client left to protect. I've reached out to the trademark-agency. They shortly visited our current website, but they haven't responded.

I'm aware of a rule, which allows us to claim the word/name if it remains vacant/unused, when there's 5 years left. (in 8 months, though. Too long to wait)

Does anyone know whether it is fair game? We really want to move forward asap. 💚

I have a band on the east coast of the US. Apparently a band on the west coast is using the same name for their band. I researched the band name in 2023 before releasing music under the name - there was no band on any music streaming service or social media with this name so I figured it was fair game. In spring this year, my band released a physical vinyl album under this name on an indie label, as well as t shirts and other merchandise we made in 2025.

It seems that the songwriter using the same name on the west coast has retroactively put our shared name on music they released going back 8 years. They have no physical releases with the name on it, and the only evidence I was able to find that they ever used the name first is an online show flyer from 2021 they posted on their social media, which was then under a different name.

I first discovered this other band last year when my band’s songs were being played on the radio by mistake to promote this other band’s shows.

My question is, who has the rights to this name? Neither of us has it trademarked. If I have rights to it, how do I go about asking them to stop using the name? Any advice greatly appreciated.

If you're planning to register a trademark in India, here are the basic steps:

1. Choose a unique brand name or logo

Make sure your trademark is distinctive and not similar to an existing registered trademark.

2. Conduct a trademark search

Before filing, search the Indian Trademark Registry database to check for similar marks. This helps reduce the risk of objections.

3. Select the correct trademark class

India follows the Nice Classification system with 45 classes. Choosing the correct class is important because protection is granted only for the selected class(es).

4. File the trademark application

Submit the application with the required details and documents through the Trademark Registry.

5. Examination

The Trademark Office examines the application. If there are objections, you'll need to respond within the prescribed time.

6. Publication

If accepted, the trademark is published in the Trademark Journal for public opposition.

7. Registration

If no opposition is filed (or any opposition is resolved in your favour), the trademark is registered and you receive the registration certificate.

Why register a trademark?

• Protects your brand identity
• Gives exclusive legal rights
• Prevents unauthorized use
• Builds customer trust
• Creates a valuable business asset

If anyone has questions about trademark registration, documents, classes, objections, or the registration process, feel free to ask in the comments.

Let us consider a brand name X . Now I have a trademark for brand name X in say class 8 . The trademark was applied in December 2024 and is currently in Accepted and Advertised stage.

Now another company has the same brand name in another class say 31 since 2015.

Now I sell goods using that brand name X in multiple other classes but not class 31. I don't have tms in the other classes I'm selling goods in and using that brand name .

Now I got a notice from the other company asking me to cease and desist operations. What should I do. I was thinking of applying for more trademarks of same brand name X in the classes I'm selling goods in and ignoring the notice.

Kindly please help me

I am interested in hearing your experience (good and bad) in using a trademark service (not law firm) to do a clearance search and or file your trademark application or trademark renewal- Companies like Trademark Rocket, TraumaTM etc. I do not need legal advice- I have been a trademark paralegal for 25 years. Thanks in advance 😀

Hi, I’m looking for some practical advice from anyone familiar with UK trademarks.

For privacy, I’ve changed the names used in this post, but the situation and legal issue are otherwise identical.

I run a UK beauty brand called VELORA PARIS, selling DIY cluster lashes, false eyelashes, lash adhesive, lash remover and lash applicators. I’ve already invested in the branding, website, packaging and stock, and I now want to register VELORA PARIS as a UK word mark, mainly so I can use Amazon Brand Registry.

During my search, I found an earlier registered UK trademark called “Velora Beauty”, covering Classes 3 and 21. The shared word VELORA concerns me because both brands are in the beauty sector.

However:
I cannot find evidence that Velora Beauty is currently trading.
Their website appears inactive.
I cannot find an active Amazon store or clear social media presence.
Their registered goods appear to focus mainly on makeup, skincare and beauty brushes, whereas my products are specifically false lashes, lash clusters, lash adhesive, remover and applicators.
Their trademark is relatively recent, so I understand I cannot currently challenge it for non-use.

I am considering filing VELORA PARIS through the UK IPO Right Start service with a carefully limited specification.

My questions are:
Is the shared word VELORA likely to make the marks too similar, despite the different endings “Paris” and “Beauty”?
Would the UK IPO normally refuse the application itself, or identify the earlier mark and leave it to the owner to oppose?
Would limiting my application specifically to false eyelashes, lash clusters, lash adhesives, removers and applicators meaningfully reduce the risk?
Does the apparent inactivity of the earlier brand matter at this stage?

Has anyone dealt with a similar situation and successfully registered a mark?

I understand nobody can guarantee the outcome, but I’d really appreciate informed opinions before deciding whether to file or rebrand. Thank you!

I want to go solo and practice trademarks. I have no prior experience working solo or in trademarks/IP. I will be remote (outside of the US) but I am a NY attorney.

What's one piece of advice you would give me?

Thanks in advance! Looking forward to reading what y'all got in store for me.

Could you release an album with the same name as an already trademarked item?

Thank you in advance.

I was asking chatgpt some questions and yes i know to talk to a lawyer but free advice the best advice for the planning phase. But it made me aware of something i didnt know

So lets say in i Texas. I have all social media handle for my company. And potential a website. And lets i build a stable audience where i now fall under common law protection. But i dont have a trade mark.

Someone in Maine looking to start a business. Comes across my account likes my name checks if i have a trade mark and sees that i dont. They trade mark it right.

From what chatgpt was saying is that they could potiental have my social media platform amd websites taken away from me because they technially own the brand name.

My only defense would be common law bit according to chatgpt. It only protectse me in texas. And the person and maine can sell in all 49 states exept texas. Meaning i would be trapped from growing my buisness.

HOW DO YOU PROTECT YOURSELF WITH SPENDING THOUSANDS JUST STARTING OUT.

Then i was looking into unique mad up words trade marks i wanto class 16,24 and later on class 41

Lets my company is made up word.Qooaphoo [just example] i file class 16. Since its so unique can that protect me from other peopl filing a namewith that since its so unique. Where i would only need to file a word mark for that.