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Trademark Questions & Answers
4 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: Hi so since it’s abandoned, is Under The Sun available to trademark?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 19, 2024

There are several dead and cancelled registrations for the word mark UNDER THE SUN, and some have design elements. But there are also many active registrations for UNDER THE SUN in different categories of goods/services. You should consult a qualified trademark attorney to review your proposed... View More

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4 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: Hi so since it’s abandoned, is Under The Sun available to trademark?
Felicia Altman
Felicia Altman
answered on Mar 19, 2024

Even if a trademark is abandoned does not mean that the mark is available for registration. In order to know if a mark is available start by conducting a quick search on the USPTO for similar registered marks in the same class of goods and services. A search can be complicated and it is recommended... View More

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4 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: Hi so since it’s abandoned, is Under The Sun available to trademark?
James L. Arrasmith
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answered on Mar 20, 2024

Whether "Under The Sun" is available to trademark depends on several factors, including whether it's currently in use or has been abandoned in the context relevant to your business. Trademark availability is not just about whether a phrase is being used, but also whether it's... View More

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2 Answers | Asked in Trademark and Intellectual Property on
Q: I want to get a trademark for my clothing brand. I live in Norway and want to gain full owner rights over my brand.

I want to have an international trademark so I have owner rights everywhere in the world. I don't know what way to go and need some guidance.

Alan Harrison
Alan Harrison
answered on Mar 19, 2024

As a resident of Norway who wants an international trademark, you can find good resources at https://www.patentstyret.no/en. They may even have a list of attorneys or agents who could help you to make an international filling. Because Norway is not part of the EU, you would need a Norwegian... View More

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2 Answers | Asked in Trademark and Intellectual Property on
Q: I want to get a trademark for my clothing brand. I live in Norway and want to gain full owner rights over my brand.

I want to have an international trademark so I have owner rights everywhere in the world. I don't know what way to go and need some guidance.

James L. Arrasmith
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answered on Mar 20, 2024

To obtain trademark protection for your clothing brand in Norway, you would start by registering your trademark with the Norwegian Industrial Property Office (NIPO). This process involves submitting an application, including details of your trademark and the goods or services it will cover.... View More

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2 Answers | Asked in Consumer Law, Copyright, Business Formation, Trademark and Intellectual Property on
Q: I want to start a company called “Natura Wipes”. I would like to know if this could cause any legal issues?

Selling 99.9% water based chemical free baby wipes.

Temitope Oluwatoyin Siyanbade
Temitope Oluwatoyin Siyanbade
answered on Mar 18, 2024

It depends. When exploring whether you can use a name without running into issues, you have to do a trademark search. The most basic trademark search can be done using the USPTO's website, but you have to search variations of the word or phrase that you are interested in search. The reason... View More

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2 Answers | Asked in Consumer Law, Copyright, Business Formation, Trademark and Intellectual Property on
Q: I want to start a company called “Natura Wipes”. I would like to know if this could cause any legal issues?

Selling 99.9% water based chemical free baby wipes.

James L. Arrasmith
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answered on Mar 20, 2024

Starting a company named “Natura Wipes” and selling 99.9% water-based, chemical-free baby wipes could raise legal considerations you need to address. The first step is to ensure that the name “Natura Wipes” is not trademarked by another company in your country or region, as this could... View More

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1 Answer | Asked in Trademark and Intellectual Property for Illinois on
Q: Can I use ghetto as an trademark

Because I'm trying to use it for an positive thing and wear

James L. Arrasmith
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answered on Mar 18, 2024

You can attempt to trademark the term "ghetto" for your brand, focusing on a positive message and apparel. However, trademarking a word involves specific criteria, including distinctiveness and not being misleading or offensive. The term must uniquely identify your products or services... View More

1 Answer | Asked in Business Formation, Business Law, Trademark and Intellectual Property for Florida on
Q: I'm starting a online viral Aromatherapy service and would like to know if a business trust is possible to setup.

I would also like to know if a phase that is the business name should be trademark

James L. Arrasmith
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answered on Mar 15, 2024

Starting an online aromatherapy service is an exciting venture. Regarding your question about setting up a business trust, it's indeed possible. A business trust can manage the business's assets and operations, but the specifics can vary widely based on your location and business needs.... View More

1 Answer | Asked in Consumer Law, Business Formation, Business Law, Intellectual Property and Trademark for Virginia on
Q: Business name registered as a LLC with the state is it illegal for someone in the same state as me?

I have sold under the name for over 10 years own the name of my business on every platform out there but 1 and just found out someone within my state is now trying to use my name to sell similar items on another platform. I do also have my name as a registered LLC and has been for over 5 years, I... View More

James L. Arrasmith
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answered on Mar 15, 2024

If your business name is registered as an LLC within your state, you generally have legal rights to that name within that jurisdiction, especially for the business category or industry in which you're operating. The fact that another entity is using your established business name to sell... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Georgia on
Q: Is the phrase, "Straight Outta" available for legal use?
James L. Arrasmith
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answered on Mar 15, 2024

The phrase "Straight Outta" is well-known and often associated with the music and entertainment industry, particularly with the hip-hop group N.W.A. and their album "Straight Outta Compton." If this phrase has been trademarked, its use could be restricted in certain contexts,... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Georgia on
Q: Can someone legally use the acronym 'MAGA' but change a few of the letters to mean something else?
James L. Arrasmith
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answered on Mar 15, 2024

When considering the use of acronyms, particularly one as widely recognized as 'MAGA', it's important to note the context and existing trademark laws. Trademarks protect brand names, slogans, and logos that distinguish goods and services. If 'MAGA' is trademarked for... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: Can I trade mark New Life Marbella?
James L. Arrasmith
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answered on Mar 14, 2024

To determine whether you can trademark "New Life Marbella," you need to consider several factors:

1. Distinctiveness: Is "New Life Marbella" a unique and distinctive name, or is it a common phrase that other businesses in your industry might use? Trademarks should be...
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1 Answer | Asked in Trademark and Intellectual Property on
Q: How i can confirm that any word have a trademark on text type or not like the word recycle , mom , Teacher ... etc

The word recycle , mom , teacher , shoes are words that i found in uspto (united states patent and trademark office)

and this are simple words why they have trademark ?

James L. Arrasmith
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answered on Mar 14, 2024

To confirm whether a word or phrase has been trademarked, you can search the United States Patent and Trademark Office (USPTO) database. However, it's important to understand that trademarks are granted for specific goods and services, not just for words in general.

Common words like...
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2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: I am wondering about trademark law specific to a product and words rather than a logo/brand company name.

I made a chronic illness planner. Another company has a trademark on the words-UTOPS confirmed, "Chronic Illness Planner." (It's not their brand nor logo/company name but trademarked to their specific planner product). What are the safe bounds for my product and name, (which would... View More

Alan Harrison
Alan Harrison
answered on Mar 13, 2024

I am skeptical that someone actually registered a trademark for such a descriptive or even generic combination of words. Because you have not engaged me I have done no work to investigate or confirm your facts. Taking what you say as true, there is a very limited scope of protection for a... View More

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2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: I am wondering about trademark law specific to a product and words rather than a logo/brand company name.

I made a chronic illness planner. Another company has a trademark on the words-UTOPS confirmed, "Chronic Illness Planner." (It's not their brand nor logo/company name but trademarked to their specific planner product). What are the safe bounds for my product and name, (which would... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you've provided, here are some key points to consider regarding trademark law and your specific situation:

1. Trademark infringement: Using the exact trademarked phrase "Chronic Illness Planner" for your product could potentially lead to trademark...
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1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Would posting pictures of cars I worked on & detailed on my website/ads be considered trademark infringement?

Most pictures will just be the car after being cleaned. Some pictures will showcase the before & after.

James L. Arrasmith
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answered on Mar 11, 2024

In most cases, posting pictures of cars you have worked on or detailed on your website or in advertisements would not be considered trademark infringement, as long as you follow certain guidelines:

1. No false association: Ensure that your use of the pictures does not falsely suggest that...
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1 Answer | Asked in Trademark and Intellectual Property for South Dakota on
Q: IF A COMPANY HAS THER FEDERAL TRADEMARK "MR.TIRE" , AM I INFRINGING IT BY USING THE NAME "MR TIRE AND/& SERVICE"?
James L. Arrasmith
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answered on Mar 11, 2024

The answer depends on several factors, and a definitive conclusion would require a thorough legal analysis by an intellectual property attorney. However, here are some general considerations:

1. Similarity of the marks: "Mr.Tire" and "Mr Tire and Service" are very...
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1 Answer | Asked in Trademark, Copyright and Intellectual Property for Virginia on
Q: How can I please know if Go and Glow Tanning Co. DC based (Navy Yard Area) we service DC, Arlington, Alexandria, Falls,

is copywrighted or trademarked

James L. Arrasmith
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answered on Mar 11, 2024

To determine if "Go and Glow Tanning Co." is trademarked or copyrighted, you can follow these steps:

1. Trademark Search:

- Visit the United States Patent and Trademark Office (USPTO) website: https://www.uspto.gov/

- Click on "Trademarks" and then...
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1 Answer | Asked in Trademark and Intellectual Property on
Q: If I own a diary farm in South Africa, can I use the name Got Milk for my products? Or does the trademark prohibit it?
James L. Arrasmith
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answered on Mar 8, 2024

If you're thinking about using the name "Got Milk?" for your dairy farm products in South Africa, it's essential to be aware of trademark laws. The phrase "Got Milk?" is a famous trademark originally used in an American advertising campaign to encourage the consumption... View More

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