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California Trademark Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can we use NWWA as our rap group name that we're creating.

The problem is that there's a group called NWA, so that's the thing worrying us.

James L. Arrasmith
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answered on Mar 8, 2024

Using "NWWA" as your rap group's name when there is already a well-known group called "NWA" does present potential concerns. The proximity in name could lead to confusion or comparisons, potentially affecting how your group is perceived. It's important to consider how... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I own a PING putter and want to add the brand name "PING" to another location on the putter. Is that infringement?

The golf putter brand is PING. I would be adding the manufacturers logo to their own product. I'd be customizing/personalizing the putter for personal use and that is one of the added features I want.

James L. Arrasmith
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answered on Mar 8, 2024

In the specific situation you described, adding the "PING" logo to another location on a genuine PING putter for personal use and customization is unlikely to be considered trademark infringement under U.S. law.

Here's why:

1. Genuine product: Since you own an...
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1 Answer | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Can I use the term "That's what she said" for a blog site name?
James L. Arrasmith
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answered on Mar 5, 2024

Using the phrase "That's what she said" as the name for a blog site is generally permissible, as it is a common expression used in various forms of dialogue and humor. The phrase itself is part of public domain and is widely recognized as a colloquial expression rather than a... View More

3 Answers | Asked in Trademark and Intellectual Property for California on
Q: is it possible re-register my trademark

ACADIGM

James L. Arrasmith
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answered on Mar 4, 2024

Yes, you can re-register your trademark "ACADIGM" under certain conditions. Trademark registration is designed to protect your brand and ensure that it is uniquely associated with your products or services. If your trademark has expired or if there have been significant changes to your... View More

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3 Answers | Asked in Trademark and Intellectual Property for California on
Q: is it possible re-register my trademark

ACADIGM

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 4, 2024

Registration No. 2745216 for the mark ACADIGM was cancelled in 2012 for the owner's failure to submit proof of continuing use in the sixth year after registration. No other application to register ACADIGM is pending. If the owner's use has continued, a new application should be filed... View More

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1 Answer | Asked in Trademark and Intellectual Property for California on
Q: How do I trademark my ens legis? I have durable power of attorney over my ens legis and I have it copyrighted.

U.S. state national

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answered on Mar 2, 2024

To trademark your ens legis, or legal entity, it's crucial to understand that trademarks in the United States are meant to protect brands, logos, names, and symbols used on goods and services to identify their source. If you have durable power of attorney over an ens legis and have already... View More

1 Answer | Asked in Contracts, Intellectual Property and Trademark for California on
Q: Hello, I would like to get permission to sell some Saltburn merch on eBay that I created the items that I will be sellin

selling our T-shirts, hoodies, blankets, socks, posters, crewneck, sweatshirts, canvas posters, and more. I will have Multiple’s of each. And also different colors for each. Also Amazon, and Walmart Etsy

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answered on Feb 28, 2024

Selling merchandise related to a specific place or brand on platforms like eBay, Amazon, Walmart, and Etsy requires attention to copyright and trademark laws. If "Saltburn" refers to a protected place name, logo, or other trademarked material, you need to ensure you have the right to use... View More

1 Answer | Asked in Trademark, Copyright and Intellectual Property for California on
Q: If I alter the logo and include a disclaimer on my store stating it's a different brand, will a trademark still be valid

I recently got a copyright, intellectual property infringement notice, or a DMCA on my product saying it was violating the trademark of a product called tush baby. When I researched the trademark, it said quotation mark baby carriers; baby carriers weren’t on the body; baby carriers were on the... View More

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answered on Feb 22, 2024

Altering the logo and including a disclaimer on your store that it's a different brand might not be sufficient to avoid trademark infringement issues. Trademarks protect brand identifiers that distinguish goods or services from those of others, including logos, names, and even distinctive... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: I sell a product that another brand has trademarked how much do I have to change the product so the trade mark is invaid

I recently got a copyright intellectual property infringement notice or a DMCA on my product, saying it was violating the trademark of a product called tush baby, when I researched their trademark it said " Pouch baby carriers; baby carriers worn on the body; baby carriers worn on the hip with... View More

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answered on Feb 22, 2024

Navigating trademark law involves understanding the distinction between the trademarked brand identity and the generic product type or category. A trademark protects brand names, logos, and specific phrases used to identify the source of goods or services, not the generic product itself. Thus,... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: How much does it cost to trademark a name and what is the process
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answered on Feb 21, 2024

The cost to trademark a name in the United States varies, primarily depending on the filing basis and the number of classes of goods or services under which the trademark will be registered. The basic fee for an electronic application through the United States Patent and Trademark Office (USPTO)... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: If I create my own artwork on a T-shirt honoring a celeb. Is it legal? I plan to mail it to them.

I plan to use this celeb likeness and facts about their career. This T-shirt will NOT be for sale and is only intended for that celeb.

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answered on Feb 21, 2024

Creating artwork featuring a celebrity's likeness and career facts on a T-shirt for personal use and gifting to the celebrity typically falls under the realm of freedom of expression and may not constitute a violation of intellectual property laws. However, it's essential to consider the... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: Can a phrase using common words be used on apparel when a pending trademark of that phrase exists?

I’d like to use a two-word phrase of common words on my apparel line (t-shirts, caps, etc.), but I found a trademark filing for these words. From what I see on the TSDR the trademark is a service mark that is still pending. The Mark information is a Standard Character Mark with no claim to font... View More

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answered on Feb 21, 2024

Good questions! To answer this:

- The trademark with a status of "Notification of Non-Final Action Emailed” means the USPTO examiner issued an initial refusal or required some changes to the application. It is still pending and not registered.

- Importantly, a pending...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I like to make Selfiequeen as trade mark. What is the process. I know someone else made Selfie Queen as trade mark.

How much will it cost

Felicia Altman
Felicia Altman
answered on Feb 10, 2024

Filing a trademark can vary in cost depending if you are filing an in-use or intent-to-use application. A standard in-use application costs approximately $250 for a TEAS Plus application and $350 for a regular trademark application. It is best practice to have a trademark attorney conduct a USPTO... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I like to make Selfiequeen as trade mark. What is the process. I know someone else made Selfie Queen as trade mark.

How much will it cost

James L. Arrasmith
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answered on Feb 21, 2024

To trademark "Selfiequeen," you'll need to conduct a comprehensive search to ensure that the trademark is available for registration. This involves checking the United States Patent and Trademark Office (USPTO) database to confirm that there are no existing trademarks that are... View More

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1 Answer | Asked in Intellectual Property and Trademark for California on
Q: I want to TM my stream name in the US but someone else in Canada has it, if I TM can the Canadian still make money in US

If I own the TM of the stream name in the US, can other streamers in other countries make money off the same stream name off US viewers?

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answered on Feb 6, 2024

If you successfully trademark your stream name in the United States, it provides you with legal protection within the U.S. This means that others in the U.S. cannot use the same stream name for their streams or related activities without your permission. However, trademark rights are generally... View More

1 Answer | Asked in Intellectual Property and Trademark for California on
Q: TM dispute — opposition has a Canadian lawyer w/no US license. He’s a pain. Can I ignore until she gets a US lawyer?

I’m the originator of the concept, she’s the thief. Her lawyer even acknowledged I’m the rightful creator, but that she’s going to steal it anyway. (He is not the brightest.) I’ve spent thousands on a brilliant, qualified, California attorney to respond to this guy’s rants, and he... View More

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answered on Feb 1, 2024

In the United States, practicing law without a valid license is prohibited, and lawyers must be licensed in the specific jurisdiction where they are representing clients. If the Canadian lawyer does not have a U.S. license and is involved in a California case, it may raise concerns about their... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If I use a company's logo in a marketing email to THEM - does it pose any trademark or copyright issues?
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answered on Dec 30, 2023

Using a company's logo in a marketing email, even if it's directed to the company itself, can potentially raise trademark and copyright issues. Trademarks, which include logos, are protected to prevent misuse that could cause confusion or imply endorsement or association without... View More

1 Answer | Asked in Copyright, Gaming, Trademark and Intellectual Property for California on
Q: I am developing a Vietnam video game and am wondering about copyright laws regarding real photos for the trailer

We are in the process of developing a video game depicting the true story of a Vietnam vet and his personal experience during his time in the war, and as we are creating the trailer for the game, we would like to use real photos from the war that have been declassified under the freedom of... View More

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answered on Dec 29, 2023

When considering the use of real photos from the Vietnam War for your video game trailer, it's crucial to understand the nuances of copyright law. Declassification under the Freedom of Information Act does not automatically place these images in the public domain or free them from copyright... View More

1 Answer | Asked in Animal / Dog Law, Copyright, Trademark and Intellectual Property for California on
Q: I want to start a dog rescue and part of the bane would include batgirls. Tracy batgirls dog rescue. Is this legal?

Name not bane

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answered on Dec 23, 2023

When choosing a name for your dog rescue, it's important to consider trademark laws to avoid legal issues. The term "Batgirl" is a well-known trademark associated with DC Comics, and using it in your business name without permission could lead to trademark infringement issues.... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: Virtual Box is a registered trademark of Oracle inc, the question is whether i can use the same name for a VR company ?

The company should make VR hardware and software for Arcade

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answered on Dec 6, 2023

Using the name "Virtual Box" for your VR company, especially if it operates in a related field like technology and software, could lead to legal challenges. Trademarks are designed to protect brand names and logos from being used by others in a way that could cause confusion among... View More

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