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Trademark Questions & Answers
2 Answers | Asked in Copyright and Trademark on
Q: Am I infringing copyright/trademark if I use a phrase similar (but different) to a trademark in a parody?

I created a design for a t-shirt featuring a dog face with an expression that would read as "seriously?" in front of a milk bowl. Above the drawing, there's a text reading: "got beer?"

There was a copyright infringement complaint in relation to the "got... Read more »

Linda Liang
Linda Liang answered on Oct 18, 2021

Copyright infringement and trademark right infringement are two different things. If that's your trademark, and your trademark is confusingly similar to that of some other's, meaning if an average consumer would mistake source of their product as from you, there is infringement. An... Read more »

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1 Answer | Asked in Trademark on
Q: Trademark: What does "No claim is made to the exclusive right to use "XXXXX" apart from the mark as shown" mean?

Example. If someone has a registered trademark record for "blueberry" in Goods & Services for non-alcoholic fruit juice beverages; fruit juice; water beverages; vegetable beverages; plant-based beverages, drinks, fruit drinks; syrups for beverages, and the trademark in TESS displays... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 17, 2021

Disclaiming a term means you are giving up any rights to that portion. Basically you recognize that the term can not be a mark. You need to consult with an attorney but the marks you listed sound generic and therefore non protectable.

This is not legal advise.

1 Answer | Asked in Real Estate Law and Trademark for Massachusetts on
Q: Taking signs Down do you have to replace them with blanks after your lease is up
Linda Liang
Linda Liang answered on Oct 8, 2021

Review your lease agreement. You will know your obligations

1 Answer | Asked in Foreclosure, Entertainment / Sports, Gaming and Trademark for Georgia on
Q: I would like to get this company together for the first few months and then I’ll get it to up and running in no time

I have a question about how my life would be if I got this company and how much money would be made for my future and family is it sure success in the business or what I do need to know if I going to make my money back in wholesale or whole period

Linda Liang
Linda Liang answered on Oct 7, 2021

This question is very general. Many issues you need to address to stay out of trouble. The most common matter is your trademark. You should conduct a research and make sure you are not using others' trademark. Preferably, you should register your own trademark. Other matters include... Read more »

1 Answer | Asked in Bankruptcy and Trademark on
Q: How can a US resident that his account in Binance was locked activate again his account.
Timothy Denison
Timothy Denison answered on Oct 6, 2021

Need more information. What is your question?

Q: "fair use" Example: I make a cake to sell and hand draw an NFL logo on it. Can I post a picture on instagram?

I am trying to understand fair use and social media. If I were to make an edible product and hand create in icing an image of a trademark such as an NFL logo, video game character, or other trademarked image can I put the image of my final product on instagram? I am not selling the exact edible... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Oct 6, 2021

No. You shouldn't do that. It would be difficult to argue that what you are describing is fair use.

Some people selling trademarked products do not get caught, say, when they sell their products at a neighborhood picnic, but NFL has lots of people making sure that their trademarks...
Read more »

2 Answers | Asked in Trademark for Florida on
Q: If a company has a word trademarked for a certain area, like clothing, is it okay if I use the term for a beauty line?

I want to use the term FlowGrown Beauty. However, I see someone has trademarked FLOWGROWN already, but only for clothing and footwear. So, can I use FlowGrown Beauty for lotions and other beauty/wellness products?

Ali Makoui
Ali Makoui answered on Sep 29, 2021

Goods and services are categorized in 45 international classes. For example, cosmetics and cleaning preparations are in class 3 and clothing and apparel are in class 25. When USPTO examining attorneys search to find similar marks, they not only search in the particular class in which a good or... Read more »

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2 Answers | 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.

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1 Answer | Asked in Trademark for Florida on
Q: Is it required for a trademark attorney to give you your file if you request it?

...

Linda Liang
Linda Liang answered on Sep 24, 2021

An attorney is required to communicate with clients, including giving the files back. Yet, in your case, you can get on the website of USPTO and see what have been done. You may be able to receive a copy there.

1 Answer | Asked in Copyright, Legal Malpractice, Patents (Intellectual Property) and Trademark for California on
Q: i need to file a patent

i have some softwear that i need to gain all rights for leasing

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 23, 2021

You need to consult with a patent attorney and do an analysis of cost and benefit.

2 Answers | Asked in Trademark on
Q: What Does No Standard Character Claim Mean in a Trademark? ex: "i love" trademark

The "I LOVE" Is A Trademark But In The Mark Information There Is This Phrase " No Standard Character Claim" what does it mean?

Linda Liang
Linda Liang answered on Sep 21, 2021

As it says, it means your mark is not composed standard character. i.e, it is of particular font or has some characteristics, which you need to making a claim by specifying.

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1 Answer | Asked in Trademark on
Q: Can a Third-party seller on Amazon use "gorilla glass" in their product description if its a replica manufactured by the

A third party seller on amazon used the description "gorilla glass" in their own manufactured replicated glass screen protector which is the main reason I purchased the product because it claimed it was GORILLA GLASS as well as the military grade metal phone protective case. When iI... Read more »

Linda Liang
Linda Liang answered on Sep 20, 2021

If you can prove that a) there is lacking of gorilla glass screen b) lacking of gorilla glass is the cause of the broken screen, you have a cause of action for misrepresentation.

1 Answer | Asked in Copyright and Trademark for California on
Q: I received some sealed letter in the mail concerning a cash award that was to be sent to my house.

I have some paper that inform me that I may be a millionaire. I not sure what that mines. But i'm interested in what a lawyer saids about this award paper.

Maurice Mandel II
Maurice Mandel II answered on Sep 13, 2021

To get a proper opinion, you have to show the attorney the letter. There are many scams out there, if you are asked to pay money in order to pay for the transfer of your million dollars, this is probably a scam. On the other hand, you may have just won the lottery. Cannot say without reading the... Read more »

2 Answers | Asked in Trademark for New York on
Q: Cancellation of descriptive trademark if registration has happened contrary to law? What if there is secondary meaning?

If a descriptive mark has been registered as a trademark contrary to the provisions of subsection (e)(1) of Lanham Act § 2, can it be cancelled afterwards? Can the registration be upheld if it is shown that the mark has in the meanwhile secondary meaning (acquired distinctiveness?)

Ali Makoui
Ali Makoui answered on Sep 29, 2021

When a mark is rejected for being descriptive, the applicant may request the mark to be registered in the supplemental register (as opposed to the principal register). The marks in the supplemental register are typically not enforceable. But if the owner uses the mark for at least five years, the... Read more »

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2 Answers | Asked in Trademark for Pennsylvania on
Q: Can I trademark a name with slightly different spelling
London Davenport
London Davenport answered on Sep 9, 2021

You may be able to get a similar trademark if the marks belong to different classes of goods and services. If your mark belongs to a similar class as the registered mark, then no, the marks are too similar and may cause confusion amongst consumers. You should consult with an attorney.

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1 Answer | Asked in Trademark for South Dakota on
Q: if the description of mark involves font, the words printed in a different font aren't trademarked correct?
Linda Liang
Linda Liang answered on Sep 8, 2021

You still have the trademark right because, if others use different font but the same words, on a similar product or service, consumers may be led to think that the product or service is from you, hence it will be trademark infringement.

3 Answers | Asked in Copyright and Trademark for Minnesota on
Q: What are the general rules for political slogans and their use on products that I would sell? Thanks in advance.

I am looking at printing some political shirts for my business in the coming years. I am wondering what the rules are for using political slogans on products that are intended for sale? Thanks

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 24, 2021

There are slogans, and there are slogans.

Even if the First Amendment protects free speech (slogans do fall under that), their purpose, content and meaning may be falling outside of the First Amendment protection if the slogan calls for violence, incites riots, unrests, or promotes open...
Read more »

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1 Answer | Asked in Trademark for New York on
Q: I want to relaunch an indie defunct record label. The old catalog has been sold. Can I trdemrk label name, logo & brand

I do not want to use anything from the old catalog. The label has been defunct for 29 years. I know the founder has no interest in dealing with music as a label. This is going to be a brand new start with new artist.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 3, 2021

Even if a brand is expired in the trademark registry it can still be owned by somebody.

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

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.

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