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Georgia Trademark Questions & Answers
3 Answers | Asked in Intellectual Property and Trademark for Georgia on
Q: Can I get sued for trademark infringement

I sell a product called "Creatine Monohydrate Gummies" and there is a trademark for "Creatine Gummies" which is a against the lanham act because It describing a general ingredient which I disputed for cancelation But, Im wondering un till the case gets settled can I get in... View More

James L. Arrasmith
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answered on Mar 10, 2023

It is possible that you could be sued for trademark infringement by the owner of the "Creatine Gummies" trademark, especially if your use of "Creatine Monohydrate Gummies" is found to be confusingly similar or likely to cause consumer confusion with the other product. However,... View More

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2 Answers | Asked in Trademark for Georgia on
Q: hello, i am looking to trademark a mobile app on this site. Can you tell me how to go about that
David Aldrich
David Aldrich
answered on Nov 3, 2023

You will first need to determine whether you want to trademark the name or the icon (or both). You can file the application(s) at the USPTO's website: https://www.uspto.gov/trademarks/apply/initial-application-forms

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1 Answer | Asked in Trademark for Georgia on
Q: If there is a registered trademarked "phrase", does that mean I can not trademark my own work that shares 2 of the words
David Aldrich
David Aldrich
answered on Sep 7, 2023

This is a little too vague to answer. This will depend on how similar the overall trademarks are, and how similar the goods/services that the marks are used with are. You should consult a qualified trademark attorney with the specifics of your case.

2 Answers | Asked in Trademark for Georgia on
Q: How do I change the codes for my trademark as what we do has changed over the past year.

How do I change the codes for my trademark as what we do has changed over the past year.

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 16, 2023

Unfortunately, there is not a way to add classes of goods or services to an already filed federal trademark application. That would require filing a new application with the USPTO.

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1 Answer | Asked in Copyright and Trademark for Georgia on
Q: Am trying to determine whether Serial Number 97188633 is in use, or if "Captain HR" is available for my personal use?

I have been referred to and have been using "Captain HR" since 2018. I am a Human Resources Executive leader with more than 25 years of experience helping individuals and organizations manage the difficult "People Issues" that occur in a normal work environment. I would like to... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 4, 2023

The mark CAPTAIN HR was registered on Jan 17, 2023 (Reg. No. 6956501, SN 97188633) for employment related services by ECOMM ALPHA LLC (Washington).

1 Answer | Asked in Intellectual Property, Copyright and Trademark for Georgia on
Q: Is my sign to similar to another business owners sign?
Tim Akpinar
Tim Akpinar
answered on May 20, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. However, this sounds like it might be more of an intellectual property matter than an arbitration matter, the category where it's posted. If you're talking about similarity in terms of wording, logos,... View More

1 Answer | Asked in Trademark for Georgia on
Q: If 30A is trademarked can I use thirty-a?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 31, 2023

No.

You should consult with an attorney.

2 Answers | Asked in Trademark for Georgia on
Q: is registration # 87390926 tired of dreaming active or dead? if active how to maneuver through likelihood of confusion

In the process of TM and see parts of application name trademarked but I don’t understand action refusal for this trademark and if it would impact my application as well

J. Tanner James
J. Tanner James
answered on Sep 20, 2022

This application was abandoned for failure to timely file a Statement of Use or a request for extension.

However, this does not necessarily mean that the mark “TiredOfDreamin” is unprotected. Common law trademark rights exist the moment a mark is used in commerce and require no formal...
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1 Answer | Asked in Copyright, Gaming and Trademark for Georgia on
Q: Can I make a web-comic using screenshots from a video game?

More specifically, can I tell the story of the game, using screenshots, edited into a web-comic format? Would the story have to be original? Is there any variation of this idea that could be monetized?

Erik Špila
Erik Špila
answered on Sep 6, 2022

Yes, you can use screenshots from a videogame to make some new piece of author work. Considering that the screenshots are also yours. In my opinion it is same as making a YouTube videos in-game and then monetizing your gaming channel. Story should be original if you want to be an author of the... View More

1 Answer | Asked in Trademark for Georgia on
Q: Did trademark name defye Serial Number77481817 expire? What’s Status: 710? Defye to me is deafeye via deaf artwork

Can I use that name freely and within my rights for the purpose of using defye to implement a online deaf artworks platform

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 23, 2022

Reg. 3571870 for the mark DEFYE used on apparel was cancelled in 2015 for failure to file a statement of continuing use. That does not necessarily mean the owner ceased using the mark, but even if still is, your use of DEFYE (or the homonym DEAF EYE etc) would not be infringing. You should... View More

1 Answer | Asked in Intellectual Property and Trademark for Georgia on
Q: How can POPSOCKETS LLC take down my product listings on marketplaces such as Amazon and Walmart?

Popsockets LLC keeps making claims that my trademark FAB POPS is in violation of there mark POP. This has happened over 150 times since June 27, 2022. My first use of FAB POPS is 6 months before there claimed first use. How can I combat the damage this is causing my business?

Darrin A. Auito
Darrin A. Auito
answered on Jul 11, 2022

One time is frustrating, but 150 times in a matter of weeks? Wow. It looks like you have an earlier first use in commerce date between the trademarks identified in your post. However, Popsockets LLC owns a fairly large portfolio of marks comprising the word "POPS." You should speak to a... View More

4 Answers | Asked in Trademark for Georgia on
Q: How can I trademark my new business name?

I’m looking to start a new business but I first want to trademark the name and idea

Sergiy M Sivochek
Sergiy M Sivochek
answered on May 30, 2022

Generally speaking, you can trademark your business name either at a state level (for example, in California, by registering it with the Secretary of State of California) or nationwide, by filing a federal trademark application with the United States Patent and Trademark Office ("USPTO").... View More

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1 Answer | Asked in Trademark for Georgia on
Q: Hello I need to REFILE my trademark BODIED help
John Martin Hilla
John Martin Hilla
answered on Apr 26, 2022

It is not quite clear whether you are seeking to re-file a rejected trademark registration application or file a renewal of an existing registration, but, either way, you should seek the advice of a US trademark lawyer for your best options.

A trademark attorney will discuss your options...
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1 Answer | Asked in Copyright and Trademark for Georgia on
Q: The name that I'm changing my business to someone has that name on Instagram however they sell on Etsy

I was going to register as an LLC and trademark because it's not found in Ga can I do that?

John Martin Hilla
John Martin Hilla
answered on Mar 30, 2022

It's important to remember that the registration of an LLC or other business entity name with your state naming authority is a totally different process than Federal trademark registration with the US Patent and Trademark Office (USPTO).

A name may be "free" within the state...
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1 Answer | Asked in Trademark for Georgia on
Q: In 2017, I reserved the tradename and I secured the trademark in 2019. I learned it is using being used. What do I do?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 26, 2022

If you have a federal registration for the mark, and it is being used for similar goods or services, you can bring an infringement case in federal court. If the new user of the mark is unaware it is registered, it may be possible for you to stop them and even get them to pay damages by sending... View More

1 Answer | Asked in Trademark, Copyright and Intellectual Property for Georgia on
Q: If a word or phrase is trademarked, is each portion/tense also trademarked?

As a very rough example, if the phrase "Tigers" is trademarked by/for Auburn University, I would assume one could not produce apparel in school colors with the phrase "Tigers". However, is the word "Tiger" used in that same way also covered? Or is the first case... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 6, 2022

Trademarks are words, phrases and/or designs that are used to indicate the source of specific goods or services. The objective of trademark registration is to avoid the likelihood of confusion by purchasers as to the source. If a trademark is used and registered in the singular form, the plural is... View More

1 Answer | Asked in Copyright and Trademark for Georgia on
Q: Can I buy trademark Serial Number 74443201?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 19, 2021

Maybe.

Depends if it is alive and for sale.

Consult with an attorney.

2 Answers | Asked in Trademark and Copyright for Georgia on
Q: What is the cost for trademarking one class service and one mark. This is for a software company.

What is the cost for trademarking one class service and one mark. This is for a software company.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 1, 2021

You have government costs as well as attorney fees to consider. You should consult with an attorney and get an estimate.

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2 Answers | Asked in Business Law, Contracts and Trademark for Georgia on
Q: Hello, I am interested in acquiring an already existing trademark. How would I go through the process of buying the TM?

I want to purchase the rights to ownership of this trademark:

Serial # "78338468", Registration # "3204956", Status "710 - Cancelled - Section 8".

Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 30, 2021

You need to visit and consult with an attorney.

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2 Answers | Asked in Trademark for Georgia on
Q: Can I use a trademarked word in my brand name? Is the word Redrum trademarked?
Linda Liang
Linda Liang
answered on Oct 19, 2021

It depends on what your profession is. If the use of the trademark of the other could leave average person to be confused about the source of the goods, it could be. Whether it is registered can be found out with the help of an attorney.

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