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Michigan Trademark Questions & Answers
2 Answers | Asked in Copyright and Trademark for Michigan on
Q: am i able to use a photo of boss baby to make customized golf balls?

the golf ball includes a single picture of boss baby

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 16, 2021

No.

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3 Answers | Asked in Trademark for Michigan on
Q: How do I know if a brand is still trademarked? Or if someone still uses the mark?

I am looking to start a brand, I had started searching through trademarks and found one similar but I have some different design ideas. The owner of mark has been mailed abandonment and things along the lines of that. How do I know if I can start making stuff?

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 15, 2021

You need to consult with an attorney to evaluate your options.

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4 Answers | Asked in Trademark for Michigan on
Q: My business name has been trademarked by someone else. I sell clothing, they are a record brand. Can I keep my bus. name

I just decided to trademark it and come to find out it already is. I sell clothing and they are a record brand/DJ.

Linda Liang
Linda Liang answered on Jul 30, 2021

Your business name is not necessarily your trademark. Even if it is, it is not confusingly similar to theirs. So you can still register it as your trademark. Confusingly similar means that consumers would not assume that the clothing you are selling is from them because the record industry is... Read more »

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1 Answer | Asked in Trademark for Michigan on
Q: Is Schitts Creek trademarked? Or is it just Schitt’s Creek that is?
Omar Darwich
Omar Darwich answered on Jun 16, 2021

First of all.. I wish they kept airing episodes!

It might be trademarked. You might not get a hit off a basic word mark search through the USPTO and need an attorney to do a TESS search (they arn't easy--one of the reasons why people hire attorneys)

There might also be...
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2 Answers | Asked in Trademark for Michigan on
Q: Can I trademark a word as part of a business name, if the single word is already trademarked by a different company?

Example:

If I wanted to use the business name “The Fatherhood Project”

The word “Fatherhood” is already trademarked by another company.

Same target audience, different products.

Is this acceptable?

Evelyn Suero
Evelyn Suero answered on Mar 21, 2021

A trademark should not be used if it is confusingly similar to another existing trademark in use for the same or related class of good or services. Using the same dominant term as another similar trademark may be refused for registration due to likelihood of confusion and may also be deemed... Read more »

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1 Answer | Asked in Copyright, Business Law and Trademark for Michigan on
Q: If something isn't properly copyrighted or trademarked can it end up in the Public Domain?

The 1968 film "Night of the Living Dead" wasn't properly trademarked due to an error and ended up in the Public Domain. Various Comic book Characters from the Golden Age of Comics in the 1930s and 1940s also entered the public domain when their publishers went out of business. I just... Read more »

Michael Zamzow
Michael Zamzow answered on Mar 12, 2021

First, be generally aware there is a difference between 'registered' copyrighted works, works protected by copyright, and works with expired copyright protections, and 'works' without copyright protection.

Second, intellectual property is quite a bit like any other type...
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1 Answer | Asked in Trademark for Michigan on
Q: If something is trademarked, does that mean I can't use it as a name as and artist? Denizen used by Levi's specifically.

I wanted to know if I could use it as an artist even though they use it for a line for their clothing. Does the fact that I'm not selling jeans with it make it ok?

Benjamin Charles Korray
Benjamin Charles Korray answered on Jan 14, 2021

Maybe yes, maybe no. The trademark world is divided into 45 different categories (also known as classes). Each class represents a different group of goods or services. If Levi's has the name Denizen trademarked for jeans then they likely have a trademark in class 025 (the class for clothing).... Read more »

1 Answer | Asked in Trademark for Michigan on
Q: If your product has a trademark, and it does not fall within the ballpark of their goods/services listed. Is it still ok

For example making a Boy Mom Vinyl Decal

John Martin Hilla
John Martin Hilla answered on Jan 12, 2021

Your question is not clear. Are you asking whether your product is infringing upon another party's trademark registration if it is the same type of product?

Or are you asking whether your own registered trademark is being infringed upon by someone else's product or service?

1 Answer | Asked in Intellectual Property and Trademark for Michigan on
Q: I am a US resident and need to protect my US registered trademark.

I am a US resident and need to protect my US registered trademark in Australia. I found that someone has stolen my mark and is using it for the same class of products as my brand. Could I use an Australian virtual mailing address to register my mark? On their trademark website, ipaustralia.gov.au,... Read more »

Timothy John Billick
Timothy John Billick answered on Sep 23, 2020

Without knowing other key details here, I believe you should be able to do so. But registering your trademark after infringement may impact your claim for damages or injunctive relief. Feel free to reach out to me with any more questions!

1 Answer | Asked in Business Law, Copyright and Trademark for Michigan on
Q: Can I use an acronym like G.O.A.T. in my business marketing materialand website? Or can someone actually trademark this?

The name of my business is GOAT Nails and I am wanting to make sure it is ok for me to use the acronym G.O.A.T.throughout my website.

Kathryn Perales
Kathryn Perales answered on Aug 5, 2020

Interesting question - I would have thought that G.O.A.T. (greatest of all time) would be too generic to trademark, but I see that some people have successfully done it. You should check the TESS database (tess2.uspto.gov) to search for all of the US registered trademarks with the word GOAT in... Read more »

2 Answers | Asked in Trademark for Michigan on
Q: I want to buy the trademark to 'Purple Urkel' for my LLC. The current status of the trademark is 602 - Abandoned.

602 - Abandoned-Failure To Respond Or Late Response is the staus of a trademark I want to purchase, can I still purchase it?

Evelyn Suero
Evelyn Suero answered on Jul 31, 2020

A business typically acquires rights to a trademark based on usage. Even if the trademark is abandoned it may still be in use. If by purchasing the trademark you mean registering it, then prior to doing so, work with a trademark attorney to assist you with clearing the trademark to ensure that the... Read more »

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1 Answer | Asked in Trademark for Michigan on
Q: Do I need classification for each product I want to put my trademark on? clothing, cups, pens, lapel pins, and tote bag?

Putting my trademark on these items for my conference

Evelyn Suero
Evelyn Suero answered on Jun 11, 2020

If you are referring to the federal trademark registration process, then as a part of the application process, you will have to select the applicable classes (clothing, accessories, etc) in which you use or will use the trademark. It is best to work with a trademark attorney to guide you in this... Read more »

1 Answer | Asked in Trademark for Michigan on
Q: Trademark infringement question.

I would like to use the old English "D" with a variation for a 501(C)3 veterans hockey logo. My modification to the "D" is a helmet hanging off of it covering part of the "D" but the "D" is still very visible. Is this trademark infringement?

Thank you for your time.

Tania Maria Williams
Tania Maria Williams answered on Feb 27, 2020

It would depend on what the company has registered but you can probably do a more stylized "D" with the helmet and be able to protect the design mark.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Michigan on
Q: Can I get sued for writing a non-fiction book about a tv show without the show's permission?

I was hired by a publisher to write a non-fiction book on a very popular television show where I discuss the history of the show, the themes, the characters and provide my opinion on each of the series episodes. Publisher states because I'm providing an opinion there is absolutely no copyright... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 18, 2019

Your concerns are valid. You should consider seriously getting permission. Make sure the hiring party give you a contract where they take full responsibility or liability. Consult with an attorney before doing anything.

2 Answers | Asked in Intellectual Property and Trademark for Michigan on
Q: I need to add a trademark for my business an amazon store, Need only one trademark number how much and how long thank u
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 11, 2019

It would take about six months.

Cost will vary but expect to spend around $1,000 to $1,500

We will need to make some searches to make sure the brand is not taken, and will not conflict.

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1 Answer | Asked in Trademark for Michigan on
Q: Good Evening: Is McCaughrin Maritime trademark currently up to date?

Let me know at brianrmccaughrin@gmail.com

Griffin Klema
Griffin Klema answered on May 3, 2019

Yes, that mark is "live" (reg. no. 3646694).

1 Answer | Asked in Copyright and Trademark for Michigan on
Q: Am I able to TM a logo design that may have similar wording to one that's registered as standard mark?

their wording is registered and my words are arranged differently and missing a word the registered TM has. I also have a distant design for mine and its in use and printed on many things. How will I go about TM my design? Is it possible?

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 29, 2019

The question is whether there is a likelihood of confusion. If the designs would cause confusion to a consumer on the source of the product, then it can't be registered as a trademark.

If you are interested in registering your trademark, you may schedule a free intro call with me at...
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3 Answers | Asked in Copyright and Trademark for Michigan on
Q: How would I go about trademarking my stage name if it has been abandoned in 2011?

Krimminall23@gmail.com is my email address

Jason Brooks
Jason Brooks answered on Apr 24, 2019

You'll need to file a new registration application with the USPTO. If you need assistance, feel free to email me at: Jason@altviewlawgroup.com

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1 Answer | Asked in Trademark for Michigan on
Q: I want to register a trademark but I think I may get denied on likely hood of confusion even though name doesn't show up
Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 15, 2019

you need an attorney to do a number of searches on the mark.

It includes not only the name itself, but variations, and even translations in different languages as it may be used that way by other owners.

make and appointment to have a better evaluation of your chances and strategy...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Michigan on
Q: Can I use an abandoned trademark name / Make money doing so without repercussions.

What are my options?

John Espinosa
John Espinosa answered on Jun 7, 2018

Not necessarily. An abandoned could be revived, and could already or still be in use in commerce so is not necessarily available for use https://www.uspto.gov/trademark/laws-regulations/overview-final-rule-revivals-reinstatements-and-petitions-director

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