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Trademark Questions & Answers
1 Answer | Asked in Intellectual Property and Trademark for Massachusetts on
Q: Hello There is some confusion about Dizzy Gillespie.

How can Dizzy Gillespie be Trademarked by Lorraine Gillespie Trust when he is Trademarked by AL Cass Inc as a graphic design of a trumpet player. Is AL Cass Inc committing Trademark Infringement on the Lorraine Gillespie Trust who has Dizzy Gillespie Trademarked. Thank you

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 30, 2023

The Gillespie Trust owns six active registrations for the text mark (name) DIZZY GILLESPIE, as used on valve oil, recording, mouthpieces, songbooks, trumpet polishing kits, and entertainment services.

If there is a design mark depicting the person Dizzy Gillespie, it would not infringe the...
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3 Answers | Asked in Trademark and Intellectual Property for California on
Q: Hi. How can I claim an abandoned trademark? I read that I need to see if the owner is still using it for anything too.

I read that I can be sued if I claim the trademark and start using it while the previous owner is still selling items under that name. I also read that I need to figure out if it was denied, and if so, why? That way I don’t run into the same problems.

Felicia Altman
Felicia Altman
answered on May 29, 2023

To start you should look at why the mark was abandoned. Was it denied originally due to an office action and the owner let it lapse, or are they no longer using the mark. If a mark is no longer in use and abandoned you may file for an application with the USPTO for the abandoned mark in the same... Read more »

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3 Answers | Asked in Trademark and Intellectual Property for California on
Q: Hi. How can I claim an abandoned trademark? I read that I need to see if the owner is still using it for anything too.

I read that I can be sued if I claim the trademark and start using it while the previous owner is still selling items under that name. I also read that I need to figure out if it was denied, and if so, why? That way I don’t run into the same problems.

James L. Arrasmith
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answered on May 31, 2023

Here are the steps on how to claim an abandoned trademark:

1. Check if the trademark is still in use. You can do this by searching the United States Patent and Trademark Office (USPTO) database.

2. If the trademark is not in use, you can file an application to register it. Your...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Can i use the "Superheroes" wird in a sentance like "Superheroes" drawing book for kids ages 4-8?

The super hero word is trademarked by Marvel company but I don't kbow if i can use it in my book title as : Superheroes drawing book for kids ages 4-8

James L. Arrasmith
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answered on May 29, 2023

Absolutely! You can use the word "Superheroes" in your book title, such as "Superheroes Drawing Book for Kids Ages 4-8," with confidence. While the term "Superheroes" is indeed trademarked by Marvel, as long as you are not infringing on Marvel's specific... Read more »

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Can i use the "Superheroes" wird in a sentance like "Superheroes" drawing book for kids ages 4-8?

The super hero word is trademarked by Marvel company but I don't kbow if i can use it in my book title as : Superheroes drawing book for kids ages 4-8

Maurice Mandel II
Maurice Mandel II
answered on May 31, 2023

Copyright and trademark law is complicated. You need to consult an attorney that specializes in this kind of law, also called intellectual property. For example, I think that the use you propose "Superheroes drawing book...." could be a violation of the Marvel copyright, because you are... Read more »

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2 Answers | Asked in Trademark and Intellectual Property for California on
Q: Can you register the trademark of a logo with name "Pep", if there is a basic word mark trademark of the same name?

I started a clothing business years ago called Tall & High. A year after starting I found out someone else trademarked it in New Hampshire. They never sent a C&D, but I stopped operating. I am starting back up and want to register my logo so they cannot trademark that too. They don't... Read more »

James L. Arrasmith
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answered on May 29, 2023

When it comes to trademark registration, it is important to consider several factors. If there is already a basic word mark trademark for the name "Pep," it could potentially create complications for registering your logo under the same name. Trademarks are granted for specific goods or... Read more »

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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Am I required to do attestations in all 50 states for federal trademark? Company filed with asking $73 x 50 = $3650

I used an online company to submit filing for trademark of my Hercules Dock Bumpers name. Serial Number 97643107. I've paid the initial USPTO filing fee and have been waiting months for it to be assigned. I just got notice that the application was accepted and will be assigned to an... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 25, 2023

Your application SN 97643107 for federal registration of the mark HERCULES DOCK BUMPERS was filed 10/21/2022 by attorney Sandy Lipkin and is awaiting assignment to an examining attorney, which currently takes 8.5 months. If the registration is granted, it will be effective throughout the US and all... Read more »

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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Am I required to do attestations in all 50 states for federal trademark? Company filed with asking $73 x 50 = $3650

I used an online company to submit filing for trademark of my Hercules Dock Bumpers name. Serial Number 97643107. I've paid the initial USPTO filing fee and have been waiting months for it to be assigned. I just got notice that the application was accepted and will be assigned to an... Read more »

Felicia Altman
Felicia Altman
answered on May 26, 2023

There is no requirement to do an attestations in any state and it is not part of the USPTO process. The mark once filed with the USPTO will be assigned an examining attorney. Generally, at this time it takes about 8-12 months for an attorney to actually review the application. If your attorney is... Read more »

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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: I need to know the status of the trademark for the triple goddess image. Triple moon image it seems as it is inactive

If the trademark has expired and is in active I would like to know the steps I need to take for putting this in my name and re-trade marking it

N'kia (NLN)
N'kia (NLN)
answered on May 24, 2023

For federal trademark registration status, you could search the records of the US Patent and Trademark Office (USPTO). The database is known as "TESS." For state trademark registration status, you would need to search the records for each state.

However, keep in mind that the US...
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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: I need to know the status of the trademark for the triple goddess image. Triple moon image it seems as it is inactive

If the trademark has expired and is in active I would like to know the steps I need to take for putting this in my name and re-trade marking it

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 24, 2023

The cancellation of a federal registration may be due to the owner's failure to file the periodically required specimens to prove the mark is still in use. But if indeed the mark is still being used by its owner, that would be grounds for opposing your registration of the mark.

You...
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1 Answer | Asked in Copyright, Trademark and Intellectual Property on
Q: Some claim popeye is protected by TM but the only TM:s ive seen is the logo and not his image. Can I use his likness?

The character is public domain in EU but ive seen alot of old articles claiming he can't be used because of a trademark by kings pictures. Ive looked at the trademarks and none of them (if i haven't missed any) acctually contains the image of the character or his likeness. instead they... Read more »

James L. Arrasmith
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answered on May 22, 2023

The use of Popeye's likeness or image may potentially be subject to various intellectual property rights, including copyright and trademark protections. While some aspects of the character may be in the public domain in the EU, it's important to consider the specific elements and... Read more »

1 Answer | Asked in Copyright, Trademark and Intellectual Property on
Q: Can I use a trademarked name in a stage name

GROOT is trademarked by Marvel. I'm looking to have certain accounts/pages with the handle "GrootsYourDaddy". Is this legal or will I have to pay out to Marvel?

James L. Arrasmith
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answered on May 22, 2023

Using a trademarked name like "GROOT" in a stage name or as part of a handle may potentially infringe on Marvel's trademark rights. Trademarks are protected in specific industries and categories, and using a trademarked name without permission may lead to legal consequences. It is... Read more »

1 Answer | Asked in Trademark and Intellectual Property on
Q: Clarification regarding trademarks

Hi *** I would like to use the world 'lucky girl' / 'lucky girl vibe' / 'lucky girl club' / on coffee mugs, balloons, notebooks, dog collars & dog cloth as Merchandises to sale at Etsy (The shop has many other products) // the words 'lucky girl' appears... Read more »

James L. Arrasmith
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answered on May 22, 2023

Using the terms "lucky girl," "lucky girl vibe," or "lucky girl club" on coffee mugs, balloons, notebooks, dog collars, and dog clothes as merchandise may potentially raise trademark concerns since "lucky girl" is already registered as a mark in the hotel... Read more »

1 Answer | Asked in Trademark and Intellectual Property for Illinois on
Q: Trademark Frisbee trademarksCase Title: 23-cv-2957Northern District Court IllinoisI am ebay hobby seller

I cannot afford lawyer. I am pakistani based seller. I sold 1 item of trademarked listing. E bay has frozen my acccount with my money in it. what can I do.

James L. Arrasmith
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answered on May 22, 2023

If your eBay account has been frozen due to selling an item that infringes on a trademark, it is important to address the issue promptly. Here are a few steps you can consider:

Review eBay's policies: Familiarize yourself with eBay's policies regarding trademark infringement and...
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1 Answer | Asked in Copyright, Trademark and Intellectual Property on
Q: Is it legal to publish an action-item booklet based on a book 7 Habits of Highly Effective People?

I would like to create a booklet that will help people to put into practise their self-help books. The booklet will be divided into multiple sections, each focusing on one topic from the self-help book and it will prompt people to do certain actions in their life and keep track of the progress.... Read more »

James L. Arrasmith
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answered on May 22, 2023

The specific legalities of creating a booklet based on a book like "The 7 Habits of Highly Effective People" may depend on various factors, such as copyright and trademark laws. While ideas and concepts cannot be copyrighted, the specific expression and text of a book are protected. To... Read more »

Q: How do you get a patent assigned to you (or a designee) an abandoned patent. I'm friends with one of the original Hillcr

est Husbands and their trademark expired and was abandoned for no response and I'd like to have it assigned to him. Serial Number

Word Mark

HILCREST HUSBANDS HE 602- Abandoned are To

Status Date

2012-06-01

James L. Arrasmith
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answered on May 22, 2023

To acquire an abandoned patent, you would need to confirm its abandonment status, reach out to the original inventors or assignees to negotiate an assignment agreement, file the necessary documents with the USPTO, and follow their procedures for patent assignment. Consulting with an intellectual... Read more »

2 Answers | Asked in Business Law, Criminal Law, Intellectual Property and Trademark for California on
Q: I am trying to sell fake AirPods on eBay. I say that they are not from Apple. What is legal consequence?
James L. Arrasmith
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answered on May 22, 2023

Engaging in the sale of counterfeit or fake products, such as claiming to sell fake AirPods that are not from Apple, can have severe legal consequences. Selling counterfeit items is generally considered trademark infringement and can result in civil lawsuits and potentially criminal charges. It is... Read more »

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2 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

Kevin E. Flynn
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Kevin E. Flynn
answered on May 19, 2023

This is a very common question as these topics are not taught in school. The United States Patent and Trademark Office has a web page that addresses this issue. https://www.uspto.gov/trademarks/basics/trademark-patent-copyright

I hope that this helps. Note--just as you may have a dead...
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2 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

James L. Arrasmith
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answered on May 22, 2023

Trademarks, copyrights, and patents are different forms of intellectual property protection, each serving a distinct purpose. Here's a brief explanation:

Trademark: A trademark protects logos, brand names, slogans, or other indicators that distinguish goods or services in the...
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2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: Trademark Question: Same name, different services provided, different logo design, am I allowed to use that name?

Based in Ohio, I wanted to use a "NAME" for my architectural services business. There is an active mark with the same "NAME" registered to someone in California providing Electrical messaging services. Am I allowed to use that "NAME" for my business, and/or file that... Read more »

Joseph Jaap
Joseph Jaap
answered on May 19, 2023

Trademark issues and analyzing the potential risk of an infringement lawsuit are too fact-specific to generalize. You could apply to the US Patent and Trademark Office to register your name for a determination if you can register it. But if you do that, the registrant in CA could learn of your... Read more »

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