Lawyers, Answer Questions  & Get Points Log In
Texas Trademark Questions & Answers
1 Answer | Asked in Trademark for Texas on
Q: If this trademark is abandoned, how can I get it for my wellness comany
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 25, 2021

You need to consult with an attorney.

1 Answer | Asked in Trademark for Texas on
Q: hi I'm wanting to know if there's a way I could talk to the trademark owners of the word ''Trainwreck'' if possible?

I'm wanting to use the word in a book I'm writing, and I would like there permission

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 3, 2021

You need to invest in a consultation with an attorney to analyze your case and provide options.

We can identify the owners and reach out to them.

2 Answers | Asked in Trademark for Texas on
Q: I am filing a trademark, I have a coming soon page, but I am unsure if I should file as Section 1a or 1b.

I have a coming soon page on my site, but I am unsure if I should file as Section 1a or 1b, because I don't know if 1a only applies to someone who is using the class specified directed to their business already.

London Davenport
London Davenport answered on Aug 25, 2021

Section 1a can only be used if a trademark is currently used in commerce. Section 1b is for marks that are not currently in use in commerce, but will be in use in commerce at a later date. Section 1b has some additional fees. You should consult with an attorney to find out which application you... Read more »

View More Answers

5 Answers | Asked in Trademark for Texas on
Q: How can I trademark my podcast name?
Bill Hulsey
Bill Hulsey answered on Jul 7, 2021

Yes, just as with any service mark. As long as it is not confusingly similar to another's podcast or similar product/service name.

View More Answers

2 Answers | Asked in Trademark and Gaming for Texas on
Q: I have a username that is called AnoyingOrang, and I want to know if I’m able to trademark that username, if so, how?

I want to be able to keep this username for a very long time and don’t want any problems with other company’s or the YouTube Annoying Orange. Need help in understanding trademarking. I have a gaming account with the username AnoyingOrang and would like to move further with that account name.... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 23, 2021

You need to consult with an attorney, so she can do a search and an analysis of the strenght of the mark.

View More Answers

1 Answer | Asked in Copyright and Trademark for Texas on
Q: How do I go about using an item that is licensed for my small business printing? Please advise.
Marcos Garciaacosta
Marcos Garciaacosta answered on May 21, 2021

Contact the company that handles the licenses and ask for one.

Contact an attorney for further assistance.

1 Answer | Asked in Business Law, Trademark, Copyright and Intellectual Property for Texas on
Q: A nonprofit organization voluntarily dissolved, there was a trademark name held by the organization, can I acquire it?

The nonprofit voluntarily dissolved as of 4/30/2021 and will not be re-organizing. They held a trademark which according to the USPTO there's been no action on it since 2016 and doesn't reflect an "assignment." I have a similar nonprofit and would like to acquire that... Read more »

Evelyn Suero
Evelyn Suero answered on May 2, 2021

The USPTO will refuse to register a trademark when an identical or similar trademark is already registered. Typically, when a nonprofit is dissolved, it is required to transfer all of its assets and property to another nonprofit. It is possible that another organization may now own the mark.... Read more »

1 Answer | Asked in Trademark for Texas on
Q: Someone trademarked CHEBE HAIR GREASE can my own product be named CHEBE MAGIC HAIR GREASE or CHEBE ORGANIC HAIR GREASE
Evelyn Suero
Evelyn Suero answered on Mar 12, 2021

Using a trademark that is confusingly similar to another trademark being used in the same or related class/category of goods or services could be deemed infringement and will likely be a barrier to trademark registration. Using the same dominant words in the trademark may increase the likelihood... Read more »

1 Answer | Asked in Trademark for Texas on
Q: I sought your help in 2017 with this trademark. How much would you charge me now for two musician clients who want to

trademark their musical names?

Jason Brooks
Jason Brooks answered on Feb 18, 2021

This is a legal directory and so your question is being presented to an entire legal community and not directed to whomever helped you originally. With that said, I or any of the attorneys on this platform can help you out. Our contact information is listed in each of our profiles and would be... Read more »

2 Answers | Asked in Trademark for Texas on
Q: Could I sell something that I make that says “I am Groot.” Or would this be against trademark law
Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 24, 2021

Depends on who is Groot and if somebody owns it

Consult with an attorney

View More Answers

1 Answer | Asked in Trademark for Texas on
Q: The word Kool-Aid is trademarked but if I were to use the username koolaid without any caps or dashes

If i were to use koolaid for a website like twitch (without caps or dashes) and I started broadcasting with the name like "koolaid person" would I be subjected to copy right and could I get sued for that because I don't want to get into any troubles!

Allison Higgins
Allison Higgins answered on Dec 10, 2020

Here's some quick information for you. First, you wouldn't be dealing with copyright. This would be a trademark issue. Second, capitalization, spaces, dashes, etc. do not make a difference. The USPTO uses phoenetics to determine if a mark is similar or not. So they would sound identical.... Read more »

1 Answer | Asked in Trademark for Texas on
Q: Is the word Krayola Trademarked
Allison Higgins
Allison Higgins answered on Nov 10, 2020

It would depend on what you are trying to sell under that name. You would not be able to sell crayons, markers, etc because it is too close to Crayola. But you may be able to sell other items or services under that name.

You should speak to a trademark attorney about your specific situation.

1 Answer | Asked in Intellectual Property and Trademark for Texas on
Q: Which trademark class do I need?

I am starting a youtube channel containing instructional and entertaining videos about homebrewing (beer, wine, etc...). The channel will be owned by my parent llc. I'm looking into trademarking the parent companies name and logo. Which class of trademark do i want to use? Class 33 for... Read more »

Julia Lang
Julia Lang answered on Nov 10, 2020

Arguably, the most crucial pieces of any trademark application are the selection of the appropriate filing classes and the proper description of goods and/or services within those classes. They are also commonly the subject of refusals by the USPTO. I highly recommend consulting a trademark... Read more »

2 Answers | Asked in Intellectual Property and Trademark for Texas on
Q: Can I not use the word Crayola?

Well I sell makeup I just thought the name would be great fit ! What if I flip the C to a K or use the word crayon

Allison Higgins
Allison Higgins answered on Nov 7, 2020

It depends on how you are wanting to use the word. Are you wanting to sell crayons under the name Crayola? That's definitely not allowed. However, there are many other ways that you could legally use the word Crayola depending on what you are trying to do or sell. Also, the protections here... Read more »

View More Answers

4 Answers | Asked in Trademark for Texas on
Q: I just found out the name that I've been using for years is trademarked already, but is spelled different. Can I still

Can I still trademark and use the name even though the spelling is different? Another thing the logos are totally different.

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 19, 2020

Infringement is similarity in sight or sound for similar goods or services. Many factors exist - when did you first use - are the goods / services similar - where is the opposing using the mark - how do you use the mark?

You will have to see counsel who will have to see all...
Read more »

View More Answers

3 Answers | Asked in Copyright, Business Law and Trademark for Texas on
Q: Can I send a cease and desist to someone who has a name similar to my company's even though my trademark is live

My trademark application is live and pending yet I recently realized someone with a similar name like mine, they just changed the last letter on the word, so instead of Y they replaced it with an E. So can I send a cease and desist even though my application is pending yet live? The other company... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 18, 2020

The use of a mark which is similar in sight and sound used for similar goods and or services is infringement. Is the other mark used for sale of similar goods and or services?

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I need to continue with my trademark registrations because it shows like this Status: 602 - Abandoned-Failure To Respond

i have a musical band, but it shows Status: 602 - Abandoned-Failure To Respond Or Late Response what do i need to do to get my trademark active?

Timothy John Billick
Timothy John Billick answered on Sep 22, 2020

It depends on how long it has been abandoned. It is possible to revive if it has not been too long. I have revived several abandoned applications in the past, so if you would like some help, feel free to reach out!

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I need to continue with my trademark registrations because it shows like this Status: 602 - Abandoned-Failure To Respond

i have a musical band, but it shows Status: 602 - Abandoned-Failure To Respond Or Late Response what do i need to do to get my trademark active?

Evelyn Suero
Evelyn Suero answered on Sep 11, 2020

A trademark application may show a status of abandoned for failure to respond to an office action correspondence from the USPTO. Depending on how long it has been since the notice of abandonment was sent, you may be able to file a Petition to Revive the application along with the required... Read more »

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: How can I register or claim trademark
Evelyn Suero
Evelyn Suero answered on Aug 26, 2020

Trademarks may be registered with a state or federally with the USPTO. Consult with a trademark attorney to assist you with clearance search and application process.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.