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Pennsylvania Trademark Questions & Answers
2 Answers | Asked in Trademark for Pennsylvania on
Q: Can I trademark a name with slightly different spelling
London Davenport
London Davenport answered on Sep 9, 2021

You may be able to get a similar trademark if the marks belong to different classes of goods and services. If your mark belongs to a similar class as the registered mark, then no, the marks are too similar and may cause confusion amongst consumers. You should consult with an attorney.

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1 Answer | Asked in Trademark for Pennsylvania on
Q: The word boy dad & girl dad is trademarked. Will I be infringing by using girl dad (space) or boy Dad? TRN 5397597

The owner of trademark sent me this: According to the USPTO, Girl Dad and #girldad infringe on our mark because they would be confused with Girldad. Consider this example, a gentleman applied for a mark using "girl dad" in February (serial number 88805589) and on May 12, 2020 received a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 27, 2021

They are correct

You should consider an alternative trademark and consult with an attorney

3 Answers | Asked in Trademark for Pennsylvania on
Q: how do I apply to trademark a logo?
Evelyn Suero
Evelyn Suero answered on Jan 14, 2021

Depending on how a trademark will be used, trademarks may be registered in your state or nationally via the USPTO. Some businesses also register their trademarks in other countries. You can review information about the process at the USPTO website. It is recommended that business owners work with... Read more »

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1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Q: Can I put “one tree hill” on a tshirt and sell it?? Or sell a tshirt with the show character names on it?
Timothy John Billick
Timothy John Billick answered on Jan 4, 2021

This course of action runs a high risk of copyright infringement. Copyright protection extends to television characters and television shows. It is also possible this show has a trademark separately on the show name as well. As always, please consult an experienced intellectual property before you... Read more »

1 Answer | Asked in Trademark, Copyright, Business Law and Intellectual Property for Pennsylvania on
Q: My question is about avoiding violating a third-party trademark.

My question is about avoiding violating a third-party trademark.

Here’s a quick summary:

A third party, let’s call them “Tower, Inc.” took a dead trademark (which lived from c. 1870-1970) and filed to bring it back to around 2000. Tower, Inc. now uses the trademark in new... Read more »

Timothy John Billick
Timothy John Billick answered on Dec 28, 2020

It depends on how you use the trademarked image. Trademark infringement depends on a lot of factors such as: (1) strength of the marks, (2) relatedness of the goods, (3) similarity of the marks, (4) evidence of actual confusion, (5) marketing channels, (6) degree of consumer care, (7)... Read more »

2 Answers | Asked in Trademark for Pennsylvania on
Q: Would using "PacMan" as an Artist/Musician name, infringe upon the PAC-MAN trademark? No logos and no hyphen

PAC are the initials of the artist that wants the stage name PacMan. Again no logos would be used from the game, as well as it being in the music industry, I wasn't sure if it would infringe without the hyphen, as well as the use of it for "entertainment"

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2020

Yes. Too close.

Avoid it.

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1 Answer | Asked in Business Law and Trademark for Pennsylvania on
Q: How to resolve a trademark dispute between 2 ex business partners going separate ways, no written contracts were signed

5y ago 2 business owners decided to join forces by launching a branded product.

Both operated as 2 separate sole proprietorships, and that did not change with creation of the brand.

Person A registered the domain, did product development and paid for the initial production.... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2020

Tough, tough situation.

Unless you can resolve it amicably, you will have to resort to litigation.

The best approach would be to move on and pick a new trademark.

I can not believe that the product is so unique that you can not replicate the success.

Consult with an...
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2 Answers | Asked in Trademark for Pennsylvania on
Q: My question is about avoiding violating a third-party trademark.

My question is about avoiding violating a third-party trademark.

Here’s a quick summary:

A third party, let’s call them “Tower, Inc.” took a dead trademark (which lived from c. 1870-1970) and filed to bring it back to around 2000. Tower, Inc. now uses the trademark in new... Read more »

Nicole Schaefer
Nicole Schaefer answered on Dec 22, 2020

If Tower has the trademark, it doesn't matter that it was dead. They own it now. You could try to get them to share the trademark with you. I would definitely consult a lawyer. Good luck!

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1 Answer | Asked in Trademark for Pennsylvania on
Q: May I make the setting of my novel in a community the name of which has been trademarked?

In the current manuscript draft, the story unfolds in a very large retirement community, the name of which is trademarked. For the sake of this question, let's just say that the trademarked name of the community is Golden Years Estates (it's not!) The novel involves a murder, and the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 17, 2020

It is possible. They may claim you are defaming them.

Consult with an attorney.

1 Answer | Asked in Copyright, Business Law, Military Law and Trademark for Pennsylvania on
Q: Good afternoon, I am starting a company called MARINEFIT. Could I get sued for using MARINEFIT or is it okay?

I am a Marine and a certified personal trainer, I named my business Marine fit. My business makes money and I am currently turning it into a official LLC. I should have the LLC done in a few days. I read on Marines website they do not authorize the use of USMC or their logos/brands for other... Read more »

Timothy John Billick
Timothy John Billick answered on Sep 26, 2020

Hi there,

First, thank you for your service! Second, good on you for asking these questions ahead of time! Third, congrats on starting your business!

To the merits ...

Your risk of upsetting the USMC to the point of eliciting a Cease and Desist letter here is relatively...
Read more »

1 Answer | Asked in Trademark for Pennsylvania on
Q: Can a secondary institution use an animal logo that is trademarked if the text, style, and colors are different?

If our AAU team wants to use the Bulldogs or Cardinals as its logo on apparel but does not use the same font, style, or color, is it possible to use that logo with different colors, styles, and text although it may be trademarked?

Evelyn Suero
Evelyn Suero answered on Jul 9, 2020

If there will be a likelihood of confusion between the two trademarks, then there will likely be a claim of infringement, especially when both marks are in the same class/category. Also, using a different font in a logo will not overcome the similarity of 'sound' between the text portion... Read more »

1 Answer | Asked in Copyright, Collections, Patents (Intellectual Property) and Trademark for Pennsylvania on
Q: I want to use the tune to ColePorter's song "Anything Goes" with new lyrics on Youtube. Do I need copyright permission?
John B. Hudak
John B. Hudak answered on Jun 17, 2020

Your new work may be considered a derivative work of the original song. A derivative work uses some or all of the original work and adds new elements. The copyright owner has the exclusive right to make derivative works. Therefore, if you made a derivative work without permission it could be... Read more »

1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Q: Trying to see if I can create a brand "XXXX Food Network" or if "Food Network" doesnt allow that.

Samples without giving my specific brand away would be: Fisherman's Food Network or Hunter's Food Network or Doctor's Food Network etc...

Evelyn Suero
Evelyn Suero answered on May 3, 2020

Using the name "Food Network" for your brand may very likely infringe on the trademark rights of the existing Food Network brand. Infringement may occur when there is a likelihood of confusion as to the source of the goods represented by the mark. Adding a word to an existing trademark... Read more »

2 Answers | Asked in Copyright and Trademark for Pennsylvania on
Q: Am I able to use this or is it covered by the other company's trademark? Please refer to the "More information" field

Hello. I'm looking to officially "start" my business and I've noticed that the name appears to be at least partially trademarked. The company using it is Relapse Records and have "Relapse" trademarked. I'm looking to create "Relapse Gaming".

Barbara Berschler
Barbara Berschler answered on Apr 19, 2020

You need to see what classification(s) has the other party registered their mark in with the USPTO. It is possible that your use for "gaming" would not fall in the same class as "records." For example three parties each own the identical mark "DOMINION". This is... Read more »

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2 Answers | Asked in Copyright and Trademark for Pennsylvania on
Q: I want to use the title "Bands Against Humanity" for a marching band field show. Is that brand confusion with the game?

We are doing a marching band halftime show in 2020 that is heavily based in satire. I'd like to use the title "Bands Against Humanity" as it perfectly describes the "satire" and humor elements of our theme. I reached out to the game manufacturer for Cards Against Humanity... Read more »

James D. Williams
James D. Williams answered on Mar 16, 2020

Yes, if they have a registered trademark, then it would include slight variations on it. Trademarks are typically limited to specific goods and services as they are listed within the application. However, by hosting this type of event, CAH could make a claim that you are diluting their brand name... Read more »

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1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Q: How do I go about obtaining copyright permission for a parody photo that uses Shel Silverstein's "The Giving Tree"?

The photo is heavily altered, does not use his name or the original book title, and only uses the cover art

Tania Maria Williams
Tania Maria Williams answered on Feb 16, 2020

Usually the copyright page of the book will tell you who to contact for permissions. You may want to start with the publishing company as they usually get all permissions in the publishing agreement. If they don’t have the rights, they should be able to direct you to the right person.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Pennsylvania on
Q: Is the Philly LOVE statue trademarked? Could we have a different word in the same arrangement?
Tania Maria Williams
Tania Maria Williams answered on Feb 5, 2020

The Philly LOVE statute has been the source of contentious litigation numerous times. Even though the artist died in recent years, there are others who claim to own the copyright in the sculpture. There is also a claimed trademark registration for various goods for the LOVE sculpture. Artists... Read more »

1 Answer | Asked in Trademark for Pennsylvania on
Q: I have some questions about trademark and copyright laws about BTS South Korean band of Big Hit Entertainment.

It says The mark consists of the stylizes wording “BTS” and color is not claimed as a feature of the mark.

Does that mean I can use the word BTS if it’s in colors.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 30, 2019

No

on the contrary, when a mark does not claim colors, basically it is claiming any variation of shades and colors.

Stay away from them, specially if you are going to be using it for similar products or services (music, production, videos, clothing, etc.)

Consult with an...
Read more »

1 Answer | Asked in Trademark for Pennsylvania on
Q: How much does a trademark cost? Is there an annual fee?

I see a cartoon character, Thundarr the Barbarian may currently not be trademarked by anyone.

John Martin Hilla
John Martin Hilla answered on Aug 1, 2019

Ookla the Mok say, "Doesn't mean character not in use commercially or protected by US copyright law."

It is always best to create an original brand name, tag-line, or logo.

1 Answer | Asked in Trademark for Pennsylvania on
Q: I would like to trademark a name for clothing, jewelry, mirrors, etc.How do I start this process?

Is there a website to start this or do I need a lawyer?

Jason Brooks
Jason Brooks answered on Jul 12, 2019

You will need to prepare and file a trademark registration application through the US Patent and Trademark Office — uspto.gov

While It’s possble to handle this process on your own, retaining an attorney is highly recommended to ensure the application is prepared properly. If you’d...
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