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Questions Answered by Tania Maria Williams
1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for Florida on
Q: I have a disclaimer. Can I stop some else from using the words on their website, logo/trademark outside the USA?

My trademark has all generic words I have a disclaimer for all the generic words on my trademark. however I have noticed a website using my trademark words on their website and company name as well as their domain have a couple words from my trademark. Can I stop them from using those generic words... Read more »

Tania Maria Williams
Tania Maria Williams answered on Oct 26, 2020

It depends on how the words are being used. Usually the disclaimer means that you do not have rights to that word outside of its use as part of your mark. Therefore, their use of the words depends on the similarity in the marks as a whole. With regard to stopping them, you may be able to send a... Read more »

4 Answers | Asked in Trademark for Texas on
Q: I just found out the name that I've been using for years is trademarked already, but is spelled different. Can I still

Can I still trademark and use the name even though the spelling is different? Another thing the logos are totally different.

Tania Maria Williams
Tania Maria Williams answered on Oct 19, 2020

Different spelling is not always sufficient to differentiate a trademark. If the marks sound the same that could constitute confusion. If you've been using the mark for years, you may have a priority claim in your geographical location, but you should contact a trademark attorney asap... Read more »

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I have an abandoned trademark I started through LegalZoom is there a way to pickup where things left off?

I started the process through LegalZoom and wasn’t familiar with corresponding and had a few quick address changes so things were lost in the mail. Is there a quick way to respond to something like that or does the process need to being again

Tania Maria Williams
Tania Maria Williams answered on Sep 2, 2020

If the time period (usually 6 months) has expired, you will need to start all over again. I would suggest consulting with a trademark attorney so that you have someone who can walk through the process with you from start to finish.

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2 Answers | Asked in Trademark for New York on
Q: Please explain trademarking, and How it can be used?

i am starting a company, with the name Chillgaming, as one word. When I looked it up chillgaming and a company in Nevada showed up with the same name, but Spelled Chill Gaming, with the space in the middle. What I am asking is Can I still trademark the name even though it's a different layout... Read more »

Tania Maria Williams
Tania Maria Williams answered on Aug 25, 2020

The USPTO looks at marks in its database and the likelihood of confusion among those marks to determine registration. If the goods and services are not related, you may be able to register the mark. I would suggest having a trademark attorney do a comprehensive search for you so that you can... Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: What if your name is Email Bios? Could you copyright or trademark the name or names?
Tania Maria Williams
Tania Maria Williams answered on Aug 18, 2020

It depends on what goods and services you're using the name for. If the name is descriptive, it will likely get rejected.

2 Answers | Asked in Trademark for Florida on
Q: I have the trademark HOOPSLife. I was given a cease and desist order filed from someone who owns HOOPLife. ???
Tania Maria Williams
Tania Maria Williams answered on Aug 4, 2020

Trademark owners are supposed to police their mark, but a cease and desist letter can have some merit, a lot of merit or no merit. It depends on the facts and circumstances surrounding the marks and their use. You should contact an attorney to assist you with determining the viability of an... Read more »

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3 Answers | Asked in Trademark for Florida on
Q: Is there a difference in these two trade marks..... 1. HOOPSLife. and 2. HOOPLife. ?
Tania Maria Williams
Tania Maria Williams answered on Aug 4, 2020

It depends on whether the goods or services are in the same or related classes. If both marks are being used for goods that are similar, then a likelihood of confusion could exist, but it's not automatic. Likewise, different spelling doesn't save a mark from a likelihood of confusion analysis.

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1 Answer | Asked in Copyright, Internet Law and Trademark for Georgia on
Q: I found a sticker for sale online. Is it against copyright laws to use the design on my own product that I'll sell?

The seller sells a bunch of stickers online. There is one particular sticker design I love that I want to print on a face mask with my own quote along with it. The sticker doesn't have the (C) on it and her website doesn't have any info about copyrights or trademark. Will I get in trouble... Read more »

Tania Maria Williams
Tania Maria Williams answered on Jul 23, 2020

The artwork in the sticker belongs to the artist even if it doesn't have the copyright symbol on the sticker. The better plan of action is to reach out to the seller and see if they own the rights to the artwork or know who does. Feel free to call or email me if I can be of further assistance.

2 Answers | Asked in Trademark for Arizona on
Q: Do I have the rights to a trademark that I used first, but another company filed 2 years after my use?

I wrote a business plan in November 2017 for a ready-to-drink nootropic coffee beverage. I planned on using the name Cognitive Coffee and have emails documenting this. I now want to start the company but on April 15, 2019 Terrasoul Superfoods trademarked Cognitive Coffee for a powdered coffee with... Read more »

Tania Maria Williams
Tania Maria Williams answered on Jul 22, 2020

Creating a business plan won't constitute the "use" required by the statute for a trademark registration. The USPTO will likely issue a refusal because the goods are similar and the likelihood of confusion would exist. Please feel free to call or email me if I can assist you further.

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: Copyright/ Trademark I am crafter who creates customs designs and create handmade items..

The order Hello and good evening. I’m wondering how much you would charge me to have a T-shirt made? Two shirts specifically. I World like a saying and four drawing on the shirt.

To get to the point, she asked me to create and i worked tirelessly to do so, finished my design and sent her... Read more »

Tania Maria Williams
Tania Maria Williams answered on Jul 17, 2020

She seems to be under the assumption that because she commissioned the design that it belongs to her. Unfortunately, many people make that incorrect assumption. The Copyright Act is clear that you need a writing for a work to be considered a work made for hire and only particular works fit within... Read more »

3 Answers | Asked in Trademark for Georgia on
Q: What would I have to do to reinstate my trademark after it has been cancelled (Sec.8)?
Tania Maria Williams
Tania Maria Williams answered on Jul 16, 2020

Depending on the reason for cancellation and time since it's been cancelled, you may have to file a new application. Feel free to call or email me if I can assist.

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1 Answer | Asked in Copyright for Colorado on
Q: Hello, I am looking for legal advice on a business I would like to start. The business is purchasing pictures of

professional athletes online, photoshopping them into a cartoon, then reselling them on a canvas through Etsy.

Since I plan to use pro athlete photos from the NFL, NHL, NBA, MLB, MMA, NASCAR, etc.... I have a few questions.

1) What type of license to I need from the photo creator... Read more »

Tania Maria Williams
Tania Maria Williams answered on Jul 15, 2020

Using the name of the team is likely trademark infringement. Using the athlete's likeness could run you into issues with the right of publicity because you're using it for a commercial purpose. The photo does belong to the photographer or the organization if they licensed it and while... Read more »

2 Answers | Asked in Copyright and Trademark for California on
Q: Is this brand and logo available to trademark under a new owner?

I would like to copyright or trademark it if available.

Tania Maria Williams
Tania Maria Williams answered on Jul 15, 2020

We can't see what brand you're referring to. You should contact an IP attorney to help you protect your ideas. Feel free to call me if I can be of assistance.

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2 Answers | Asked in Intellectual Property for Indiana on
Q: I'm interested in acquiring a trademark for a piece of media I'm working on, how would I go about this?

The name of said media is 'Dreams of Fear' and I was just curios about the entire process of registering a trademark. I've looked into it a little bit before, but nothing too serious. Now the project is beginning to develop some serious steam and I want to cover myself before... Read more »

Tania Maria Williams
Tania Maria Williams answered on Jul 13, 2020

An attorney would need to do a strategy call to be able to best tell you what can be done. It depends on the type of media, the use, etc. Feel free to call or email me to discus further.

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2 Answers | Asked in Trademark on
Q: I am self publishing books through Amazon and want to put my trademark on my books. Would Class 41 cover me for that?

The imprint on the book is my name, so I am technically the publisher. But I am only providing this service to myself for my own books. Would "410024 publication of books" cover this situation?

Tania Maria Williams
Tania Maria Williams answered on Jul 8, 2020

More information is needed about the mark to be able to advise you properly. I would suggest contacting a trademark attorney for assistance. Please feel free to call me at 561-370-7396 if I can be of assistance.

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2 Answers | Asked in Trademark for California on
Q: Am I allowed to trademark a part of a phrase that has an unofficial trademark?

If a vitamin company has a trademark for the phrase "Good Riddance™" , would I be allowed to trademark product names with that phrase, but add a word before that so that the entire phrase for an example product would will be "Acne Good Riddance ™" for my vitamins?

Tania Maria Williams
Tania Maria Williams answered on Jun 2, 2020

If they are using the TM, they do not have a registered mark. However, trademark is based on use so they may still have common law rights in the mark. Also, adding the word acne likely won't solve the likelihood of confusion issue if you're both selling the same class of goods. Feel... Read more »

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2 Answers | Asked in Copyright and Trademark for Illinois on
Q: Is it legal to print the phrase “don’t worry be happy” onto a sweatshirt?
Tania Maria Williams
Tania Maria Williams answered on May 7, 2020

Probably not if the copyright in the song is still active.

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1 Answer | Asked in Copyright for Washington on
Q: If someone were to take my private DM to them and use my exact words to then create merchandise and profit

Is there anything illegal with me not getting a cut or signing off consent

Tania Maria Williams
Tania Maria Williams answered on May 5, 2020

Copyright doesn't protect ideas so it would depend on what you actually said and whether it could be considered "fixed tangible expression" as defined by the Copyright Act.

2 Answers | Asked in Trademark for District of Columbia on
Q: What can I do about a cease and desist email regarding a trademark?

Been resolved - thank you!

Tania Maria Williams
Tania Maria Williams answered on May 4, 2020

You want to enlist the help of an attorney with a cease and desist. Trademark owners have to police their mark so some will for infringement when the cease and desist letters go unanswered while others may not.

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1 Answer | Asked in Copyright for Illinois on
Q: How unique does a jewelry design need to be to qualify for copyright protection?

I have a small online jewelry business and a competitor filed a notice of copyright infringement on the platform where I sell. The designs she mentioned are fairly simple using mass produced charms and embellishments available from common jewelry supply sites. I checked the registration number she... Read more »

Tania Maria Williams
Tania Maria Williams answered on May 4, 2020

No the copyright protection in the photographs do not extend to the items themselves. However, it may be that she may thinks that you used the photographs (or she could just not understand how copyright works which is a strong possibility).

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