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Trademark Questions & Answers
1 Answer | Asked in Business Law and Trademark for North Carolina on
Q: what does it mean under status 710-canceled? does this mean name is now avail?? under trade mark listing
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 30, 2023

Trademark registrations are cancelled in most instances due to the failure of its owner to file with the USPTO a statement of continuing use. These maintenance filings are due in the fifth year after registration and in the ninth year to renew for another ten year term.

Just because a...
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1 Answer | Asked in Trademark for Tennessee on
Q: If an application has been made for a name to be trademarked, can that name be used until the trademark is issued?

How long does it typically take for a trademark to be issued?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 27, 2023

Federal trademark registration is not necessary for use of the trademark, and the mark may continue to be used by its owner pending its registration. Until the registration has been issued, however, its owner does not have the ability to sue in federal court for its infringement.

Current...
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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on
Q: I have a superhero who is a literal archangel would I still be infringing on Marvel's archangel?

They have the same name: archangel. They both superheroes. They have a similar look (human with wings... Like an angel). But that's it.

The story is radically different. Marvel's archangel is a mutant originally called angel until his wings are replaced by mechanical wings. That... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 25, 2023

This is more of a trademark issue than copyright, unless the image of your character is identical to the Marvel character.

ARCHANGEL was a registered trademark of Marvel in 1994 for comic books, but that registration was cancelled in 2005 for failure to file a statement of continuing use....
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1 Answer | Asked in Trademark for Florida on
Q: Can I trademark the term Game of Quotes and if so how much would it cost.
Felicia Altman
Felicia Altman
answered on Jan 24, 2023

In order to find out if you your requested mark is already filed with the USPTO you can work with a Trademark filing service for a low cost fee to preform a pre-search or full search for conflicting or similar marks. The trademark application is generally $250-$350. Working with a trademark service... Read more »

1 Answer | Asked in Trademark and Intellectual Property on
Q: Hello there,I have a question. Can a company use the word "MagSafe" for its own product?

"MagSafe" is trademarked by Apple.

Robert E. Wasserman
PREMIUM
Robert E. Wasserman
answered on Jan 24, 2023

It would depend on the type of products. You should expect to be sued if you use "MagSafe" to market goods such as computers, mobile phones, battery packs, electrical cords, etc. For any other goods/services, you should definitely hire an experienced attorney to conduct a thorough... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Utah on
Q: Can I use the tagline "The Whoniverse, the Multiverse, to infinity and beyond..." in a logo for a travel agency

I am designing a logo for a travel agent that will be used at comic conventions and similar fan experiences to advertise a service that arranges travel to such conventions.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 22, 2023

Although there are trademark registrations for marks including the words WHONIVERSE and MULTIVERSE, use of these words in a slogan should be considered fair use and not infringing as they are generic terms.

3 Answers | Asked in Trademark for Louisiana on
Q: How much does a trademark usually costs?
Erik Špila
Erik Špila
answered on Jan 21, 2023

Hello, the answer to your question depends various other circumstances such as in which country you are seeking trademark protection, if you are willing to use the lawyer services or not, if you are going to do preliminary trademark search and so on. I advice you to contact IP lawyer and provide... Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: In a YouTube video, can my nickname be Captain America or would it be copyrighted

Creating a YouTube channel in tourism for Latin Americans visiting USA. Would like to use the nickname Captain America

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 20, 2023

You will have to research whether the current owner of the Captain America trademark owns the rights in similar service or product classes to your proposed use to promote tourism. Whether you will be sued for infringement will then depend on whether your uses interfere with the rights owner in... Read more »

1 Answer | Asked in Trademark on
Q: Hi we are looking for to get copyright of "Siren Head" for our gaming studio. But anyone can explain that is it possible

We are running a gaming studio and we created game Siren Head and submit on apple connect.But Apple has rejected and ask for its copyright.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 20, 2023

Your question pertains to trademarks, not copyright.

SIRENHEAD has been registered as a trademark for games and toys by a Chinese company (Yangzhou Okus Trading Co., Ltd.), which would explain why Apple declined to list your game or gaming studio.

1 Answer | Asked in Trademark for Illinois on
Q: If a word is trademarked as a singular item, say "rain" is it considered infringement to use multiples such as "rainss"?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 16, 2023

Yes. If a text component of a registered mark is in the singular form, it is infringed by use of the plural. The issue is whether the mark is "confusingly similar" to another mark, and mere pluralization of a text component in a mark is considered too similar for registration.... Read more »

1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark for Maryland on
Q: I own a collection of action figures (superheroes, Godzilla, ect.) Can I use photos of them to make t-shirts or posters?
Mark Oakley
Mark Oakley
answered on Jan 16, 2023

Use of trademarked and copywrited products and characters in other products for sale is not permitted and will subject you to possible lawsuits and damages which will include forfeiture of all profits from such sales, payment of attorney's fees and court costs, plus possible punitive or... Read more »

1 Answer | Asked in Copyright and Trademark on
Q: Mastercard claimed copyright infringement against ooki.com because of the 2 interlocking circles.

While theirs is 2D, other colors, transparent, has no shadows and is horizontal, Ookis' quite different. Can they really do that?

They already lost this once against cinkciarz.pl. The Polish company claimed that Mastercard should never have been allowed to register them since they were... Read more »

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 16, 2023

You might be able to defeat their claim. However, unless you know how to effectively draft an opposition legal letter and have a deep knowledge of U.S. Copyright law and case precedents, it's going to be very difficult for you to convey the strength of your position. The case you cite was... Read more »

1 Answer | Asked in Patents (Intellectual Property) and Trademark for New York on
Q: If you have not received legal papers yet as a defendant in a case involving multiple defendants, what should you do?

I am asking on behalf of someone else. I believe this is a civil case and the defendant has only heard from a friend about the lawsuit who is also a defendant included in the case.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 14, 2023

Your friend should contact a patent litigation lawyer for advice. Not engaging in the lawsuit can have serious, permanent consequences as to the determination of your friend’s rights. It is possible that the process server took all required steps to serve your friend, filed affidavits of service,... Read more »

1 Answer | Asked in Trademark for New York on
Q: Looking for info on how a city trademarks its slogan. Is there a legal process for this? Ie NYC- City that never sleeps
Robert E. Wasserman
PREMIUM
Robert E. Wasserman
answered on Jan 13, 2023

Such commonly recognized slogans are challenging to register.

A USPTO examiner would very likely issue an office action refusal based on "failure to function as a trademark" because such common slogans are not distinctive and consumers would not clearly identify that a...
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1 Answer | Asked in Trademark and Business Law for California on
Q: I want to get bought out of a company but if I can’t would it be appropriate to file a company trademark under my name

Trying to get bought out of my position, but if I can’t, would it be a good idea to file the business’s trademark under my name as leverage?

Robert E. Wasserman
PREMIUM
Robert E. Wasserman
answered on Jan 13, 2023

Short answer: No.

Under 15 U.S. Code Section 1051:

(1)A person who has a *bona fide intention*, under circumstances showing the *good faith* of such person, to use a trademark in commerce may request registration of its trademark on the principal register hereby established by...
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1 Answer | Asked in Trademark for New York on
Q: Can you tell me if my trademarks are legally recognized
Daniel Michael Luisi
Daniel Michael Luisi
answered on Jan 13, 2023

What we can do, firstly, is evaluate whether you have a common law trademark that you are using as a brand in commercial channels, such as selling online. If so, you should explore ASAP the feasibility of a USPTO registration of your mark, as common law trademark rights are very limited and... Read more »

1 Answer | Asked in Trademark for Kansas on
Q: I want to sell handmade goods such as jewelry, clothes, art, etc. under my brand. What class do I choose to trademark?

All of my goods would be handmade by me but the goods vary from handmade clothing, paintings, and jewelry. I am curious if there is a class that covers these as a whole? I would like to pay as less as possible because I understand each class is $350. I would be selling all of these handmade... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 12, 2023

Jewelry is in International Class 014, apparel is in IC 025, and art/paintings is in IC 016. If the application is filed using TEAS Plus, the filing fee is $250 per class. TEAS Plus applications have a lower fee but more requirements than TEAS Standard, explained here:... Read more »

2 Answers | Asked in Trademark on
Q: Do you do DMCA on roblox under behalf of Mojang AB?
Erik Špila
Erik Špila
answered on Jan 10, 2023

Hello,

if your question is if a qualified lawyer from this website can help you send a valid Digital Millennium Copyright Act (DMCA) notice or Trademark infringement removal request for

violation of intellectual property rights on Roblox, to remove infringing content, then the answer is YES.

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1 Answer | Asked in Intellectual Property and Trademark for Pennsylvania on
Q: I want to make YouTube videos. Would the name "Postscript" infringe on any trademarks?

I want my YouTube channel name to be called "Postscript." I'll be making video essays in which I'll review, offer critique, and discuss my opinion on various pieces of media, such as films, television shows, anime, video games, etc. I liked the name because it's as if my... Read more »

Erik Špila
Erik Špila
answered on Jan 5, 2023

Hello there, you should discuss this with intellectual property lawyer in your area as there is a need for trademark search first for potential infringement of prior rights. Your question can not be duly answered without that. I wish you a good luck with your YouTube channel though.

1 Answer | Asked in Trademark, Business Law and Intellectual Property for Missouri on
Q: Can I as a music venue owner use this trademark and in turn file for it to be mineSerial Number74343304
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 3, 2023

The application SN 74343304 (IF YOU BUILD IT THEY WILL COME) was for art prints, but was abandoned. Applications to register that mark for construction services and fitness centers were made but abandoned.

IF YOU BUILD IT THEY WILL COME is currently registered for use on apparel, but there...
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