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Trademark Questions & Answers
1 Answer | Asked in Trademark for New Jersey on
Q: change / transfer ownership of a trademark
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 19, 2022

Trademarks are "owned" as intangible property by the person or business using them in commerce to identify the source of the goods or services. If the trademark owner sells its business, the trademark rights are generally transferred to the buyer as "goodwill" along with the... Read more »

1 Answer | Asked in Trademark on
Q: Question about trademark and domains.

I would like to buy some domains in the future.

I know that my domain can not use some trademark registered by other company. Otherwise it would be illegal.

Let's say: WWW.MYEBAY.COM

Ebay is a registered trademark so I can not use that word in my domain.

But... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 18, 2022

A lot will depend on what is the product or service you are promoting at your website and how much of a zelot is the rightful owner.

You should consult with an attorney.

1 Answer | Asked in Business Formation and Trademark for Florida on
Q: is the Figurella Method a registered trademark? Can I open a business that does the same type of Figurella business ?

is the Figurella Method a registered trademark? Can I open a business that does the same type of Figurella business under a different name? Should I modify something in the method to avoid any legal complications?

Linda Liang
Linda Liang answered on Jan 18, 2022

You need to hire an attorney to conduct a research for you and give you advice accordingly. Without more information, it is impossible to know the answers.

1 Answer | Asked in Business Law, Federal Crimes and Trademark for Alabama on
Q: Is it against the law to use the name of a government program to market advice and sell services?

My company helps military veterans with their benefits and provides counseling for them to make sure they are receiving the maximum benefits they are entitled to. Would it be against the law if I bought a domain such as www.selectiveservice.com (Just a random example not the actual domain) and... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 17, 2022

The names of government agencies and programs are essentially trademarks or service marks, and are infringed if private entities promote goods or services with confusingly similar names.

2 Answers | Asked in Trademark for Florida on
Q: Can you trademark a name under a category U don’t sell in order to stop someone else from using the name for that good

I sell skincare. She sells weight loss tea. She trademarked a name that is similar to mine. I am first in use with sales in skincare. She is first in use with a category that she didn’t even register under the trademark and has no proof anywhere that she intends to sell in my category. She is... Read more »

Thomas James
Thomas James answered on Jan 16, 2022

The Trademark Modernization Act (TM Act) went into effect December 27, 2021. Under it, anyone can file a petition to expunge or reexamine a registration on the grounds that the mark was not actually in use at the time the registration was issued. I wrote an article about it here:... Read more »

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2 Answers | Asked in Trademark for Virginia on
Q: Can I still use the name My Wonderpaw if there is a trademark on Wonderpaw in the same industry?
Robert Kost
Robert Kost answered on Jan 13, 2022

In theory, the answer is simple: no, you can't use the mark. However, there are other considerations. Let's assume you're referring to the mark at https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:hzp18o.2.2

* Are your goods/services in the same class as the...
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1 Answer | Asked in Trademark for Florida on
Q: someone trademarked a similar name as my company offering similar products. Can i still get a trademark for mine

I did a public notice. I registered it under my corporation which I’ve had since 2011. Our first name is similar our second name is different. But she trademark things that she’s not even selling that I am offering with my logo and name attached to it online with a presence. What can be done!

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 12, 2022

Your question is unclear thus difficult to answer. If you have a federal registration for a trademark, it can be enforced against an infringer whose use is confusingly similar for the same goods/services. You should consult an experienced trademark attorney to review the matter.

1 Answer | Asked in Copyright and Trademark for Colorado on
Q: Need to know if I am allowed to us an alias name for a musical artist career.

The name I will be using is “Digitone”. Needing to make sure this doesn’t compete with trademarks under the name that are already in use. As I will not be making products that compete with these said companies that currently hold the trademarked name which seem to be around 5+ companies.

John Martin Hilla
John Martin Hilla answered on Jan 12, 2022

You certainly can use an alias or stage-name for your musical career. That name can also be registered as a trademark under the right circumstances.

I am a former professional musician-turned-trademark lawyer, and I specialize in assisting musical artists across the country with trademark...
Read more »

2 Answers | Asked in Copyright and Trademark for Colorado on
Q: How do I get my trademark up to date

No pity self inflicted

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 10, 2022

The application (serial number 86066606) to register NO PITY SELF INFLICTED was abandoned in 2014, for failure to respond to an action from the trademark examiner. It cannot be revived. If you still want to use and register the mark as before, you should consult an experienced trademark attorney... Read more »

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1 Answer | Asked in Copyright and Trademark for California on
Q: Can I take a picture of a wrestling belt & use it as a template to create my own picture & use it on a shirt to sell?

I purchased a replica wrestling belt, and I was wanting to take a high resolution picture, upload it to my PC, and digitally through an art program to make an altered and custom version of the belt, and use that new image on a shirt to sell. I was wondering if that was something I can get in... Read more »

John Martin Hilla
John Martin Hilla answered on Jan 9, 2022

It is possible that you would be infringing on the trademark of the issuer of the belt (World Wrestling Federation, etc.). it is also possible that you would be infringing on the copyright of the designer of the original belt.

It is best to consult with an intellectual property attorney to...
Read more »

2 Answers | Asked in Trademark for California on
Q: Is the name "Minute-Man" trademarked.

I want to know if this name is fully trademarked by any companies. I want to use it as a superhero name but I'm not sure. And if there are any loopholes that can get me out of any problems, that would be appreciated.

John Martin Hilla
John Martin Hilla answered on Jan 9, 2022

To properly determine whether a mark is free to use, you should contact a trademark lawyer to run a professional clearance search for you. A proper clearance search will review not only the registered marks on the USPTO database but also usages of the proposed mark that have not yet registered.... Read more »

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1 Answer | Asked in Trademark on
Q: A minecraft server is providing a game mode named 'doodle jump', which is trademarked. Can i sue them?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 7, 2022

From a USPTO search, I see that DOODLE JUMP is registered for computer game programs (and related goods).

Its owner could have a claim for infringement if (1) the use in MINECRAFT as a game mode "functions as a mark"; (2) there is likelihood of confusion as a result of that use;...
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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... Read 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... Read more »

1 Answer | Asked in Libel & Slander, Copyright, Intellectual Property and Trademark on
Q: I want to write a medical drama. How do I know whether it plagiarizes/infringes on another or is illegal?

Any particular details I musn’t have in common - character relationship dynamics, certain specialties that make a show distinct (as far as I know, psychiatry makes Chicago Med somewhat distinct), following a seasonly promotion, etc?

Also, are there any other things to worry about legally... Read more »

Dane E. Johnson
Dane E. Johnson answered on Jan 6, 2022

You’ll probably want to make the medical scenes in your drama accurate but not so much because of a legal reason. Professional screenwriters often use medical consultants to provide realistic context to their stories for film and television.

Scripts also go through extensive clearance for...
Read more »

1 Answer | Asked in Trademark on
Q: Would KaNoot count as trademark infrigment on Kahoot!

Me and my friends decided that we would make a open source version of Kahoot! that also revolves heavily arround data privacy and ease of use. We dont store any data for an extended ammount of time and all accounts are generated with a key pair thats discarded after use. The quiz creation is never... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 5, 2022

My advice is to adopt a completely different and distinctive mark. KAHOOT! is a distinctive and arbitrary word mark, registered for a similar service and software as what you propose. As you admit, KAHOOT! has a strong association with the word quiz genre, so there is a substantial likelihood of... Read more »

1 Answer | Asked in Trademark for New York on
Q: trademark question, someone else is using it as their domain name
Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 3, 2022

You need to consult with an attorney.

If you have registration of your brand or have developed rights, you could spend in a proceeding to get the domain back.

2 Answers | Asked in Business Law and Trademark for New York on
Q: I registered trademark but someone who used to use the mark years ago without registration is trying to use it now.

I have a band name I have used since 2016. I registered for trademark with USPTO in 2020 and it was officially registered in 2021. I have now learned there was a band which used the name briefly in a different market a few years before my first use and every once in a while after that time.... Read more »

David H. Relkin
David H. Relkin answered on Jan 3, 2022

There is no requirement to file and obtain a Trademark right with the US PTO. A trademark can be acquired by use. This is called a "common law" trademark and is generally protected only by State Courts.

The term "common law" indicates that the trademark rights that are...
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1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark on
Q: What are guide questions to see whether a fictional character is too similar to another real or fictional character

I have characters with varying levels of similarity to other people. I’d like a rule/s to go by in case I make more, as well. I believe Tradmark and Copyright come into play, but there may be more.

Robert Kost
Robert Kost answered on Dec 31, 2021

It will be impossible to answer your question without specifics. In copyright, there would be two issues: 1) whether the character(s) you are copying are copyrightable (this will depend on how well delineated the character is and how central to the story they are) and 2) whether your characters... Read more »

1 Answer | Asked in Trademark for Oregon on
Q: The legality of using a companies logos on a startup's website for the user's information

Hello, I have a question about the legality of using a companies logos on a startup's website for the user's information on a topic of which companies developments we use in our product. For example: "We are working with --> then goes the logos (Google, OpenAI, Epic Games) -->... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2021

Depends on the use. Most of the time they would have a program to allow people to show their logos.

Consult with an attorney.

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