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Virginia Trademark Questions & Answers
2 Answers | Asked in Trademark for Virginia on
Q: Hemi is trademarked by Chrysler for automotive vehicles. Can I use the word in my charcoal grill business?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 17, 2021


You need to consult with an attorney to assess your risks


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2 Answers | Asked in Copyright, Business Law and Trademark for Virginia on
Q: I want to protect my designs from domestic and international companies from stealing it. Do I Trademark or copyright it?

Hi, I have a small business which features original designs on t-shirts.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 6, 2021

As indicated a design patent can provide protection.

Depending on what you are doing you could file for other registrations depending again on what your creations are.

Consult with an attorney.

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1 Answer | Asked in Trademark for Virginia on
Q: Should I get a trademark and/or service mark if I am trying to protect a service that is about to go nationwide?

I am filing for a trademark with the USPTO to protect my company name. But we provide a particular service that I want to protect, as we are about to be nationwide soon. This service is what differentiates us from other companies similar to mine.

Bernard Samuel Klosowski
Bernard Samuel Klosowski answered on Jan 25, 2021

A federal trademark application will be rejected for a business name standing alone (see TMEP 1202.01). A federal trademark/service mark registration must be directed to a mark that is used with some underlying goods/services (or is intended to be used with goods/services). It sounds as if a... Read more »

1 Answer | Asked in Consumer Law, Copyright and Trademark for Virginia on
Q: If an attorney sends you a cease and desist request, is is normal for them to also ask for fees?
Steve Charles Vondran
Steve Charles Vondran answered on Dec 9, 2020

This is not legal advice. From my jurisdictions (California and Arizona), I don't normally see a fee demand with a cease and desist, although I do not believe there is anything improper about requesting a pursuit fee in the right case. See you at the top! Attorney Steve®

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Virginia on
Q: Can you use the phrase Monday night raw even though it’s a WWF show?

If one wanted to use it within the title of their own work. Is this a patent, trademark, or copyright issue?

Kevin E. Flynn
Kevin E. Flynn answered on Feb 5, 2020

This is not a patent issue.

Kevin E Flynn

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1 Answer | Asked in Intellectual Property and Trademark for Virginia on
Q: If we want to trademark "Feel Good Skin Care," is Aveeno Feel Good Skin too close to be able to get a trademark?
Karima Gulick
Karima Gulick answered on Aug 20, 2019

it depends on the classes they're using the mark for and the ones you're planning on using the mark for. If it's for the same goods/services and they've been using the mark longer, then it would be an issue. You should consult a trademark attorney.

1 Answer | Asked in Copyright and Trademark for Virginia on
Q: If I have a slogan or catchphrase for a hat, T shirt, and/or pennant, do I need a copyright or a trademark to protect it
Griffin Klema
Griffin Klema answered on May 3, 2019

Usually, things printed on clothing are not considered identifiers of source. Trademark protects against source confusion, and frequently the things printed on clothing are considered ornamentation rather than suggestive of the quality or origin of the clothing itself. Nevertheless, you may be able... Read more »

1 Answer | Asked in Trademark for Virginia on
Q: If my DBA (in retail) is a term already being used by a non-profit (who hasn't trademarked it) can I still use it?

They haven't trademarked the term but they have been established for at least 3 years– I just want to make sure I won't be in any legal trouble for using the same trade name despite being in a different category. Thank you!

Benton R Patterson III
Benton R Patterson III answered on Sep 18, 2017

Even though the name is not federally registered, the owner may have common law rights to the name as a trademark. An attorney would need to review the how the term is being used, the proposed trademark, and possibly perform a trademark search to determine if the term is clear.

1 Answer | Asked in Trademark for Virginia on
Q: I am planning to trademark the name "The Sweetest Bee Honey". Is this a registrable name?
Benton R Patterson III
Benton R Patterson III answered on Sep 1, 2017

To confidently answer your question, you need to commission a trademark search. There may be other marks that, while not identical, may be likely to be confused with your to your proposed mark.

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