Do we have any legal basis to also keep the name "Smartel, LLC"? Or should we change our business name and everything with it?

You received some good responses already. This scenario illustrates well the outcomes that can occur when people invest in trademarks but do not do...

Yes, but the picture needs to be your own or at least licensed. You cannot just grab any picture of the product you want to use on your platform as...

Can I obtain or protect the rights to a story about a relative of mine that has been dead for 150 years?

As noted, your written story and creative expression can be protected not the facts of this persons life in a vacuum. Any creative expression...

Is it really required to incorporate before launching the website? If no, how can we protect our intellectual property.

So first things first, get your immigration scenario straight. Your H1B means you are a non-immigration status. You require a sponsoring qualified...

Yes, it is possible as my colleagues note, but perhaps more nuanced than what you might have assumed. The trademark needs to identify the source of...

Is there any legal action a trademark owner can take when another company uses it without permission?

My colleagues offered some good responses here so you now understand the general law. The USPTO is not going to just let the mark go abandoned in...

Is this copyright?

You are correct that common shapes are not protectable. It is very likely that what you created was a derivative work of a copyright protected...

What does the intellectual property law say about this?

It does depend. Using quotes will generally be permitted. This is largely because using what amounts to a very small portion of a much larger...

Are refused trademark applications listed in the USPTO database indefinitely?

As noted, they will remain listed as "dead." If you have never actually properly cleared your own brand's standard character text trademark...

Can I sue for trademark infringement if a company adopts my business name but in a different industry?

Well, this all greatly depends, but in general it comes down to market confusion. No one is confused, for example, as between Delta Airlines and...