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Questions Answered by Marcos Garciaacosta
2 Answers | Asked in Trademark on
Q: Can you tell me if this trademark covers only physical products, or digital products as well? Serial Number: 87588604

Serial Number 87588604

Registration Number 5573248

Word Mark BULLET JOURNAL

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 3, 2023

You can check the details at TSDR.USPTO.GOV

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1 Answer | Asked in Trademark on
Q: Marcos gracias por su respuesta, la marca de la que le hablo es STRNG

Esta marca ya esta registrada pero no la usan, la puedo comprar y cambiarle el simbolo o el logo?

Gracias y quedo atento a sus comentarios.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 31, 2023

Necesitas contactar abogado y hacer una consulta.

Si nadie esta usando una marca, asumiendo que nadie tenga ningun derecho, el proceso es someter una solicitud de marca en USPTO.

Saludos.

1 Answer | Asked in Trademark on
Q: Can a person who registered a TM in INPI (Brazil) legally get my domain I use to redirect for a page in another website?

I have a .com domain name that I used as a website, now redirects to a page inside another website of mine.

A person registered this .com's name trademark in INPI (from Brazil, I am from Brazil) and wants my website. Can he legally get my domain?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 31, 2023

Yes they could. It can be a complicated process and would require proof of ownership, type of use, etc.

You should consult with an attorney to understand the process better, risks and costs.

2 Answers | Asked in Trademark on
Q: Can I buy a brand that is not in use?

Can I buy a trademark that is not in use? thistrademark doesnt have products, web, nothing....

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 31, 2023

The process would be to file for a trademark registration.

You should consult with an attorney to understand your chances and risks.

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2 Answers | Asked in Contracts and Civil Rights for Pennsylvania on
Q: Can I share a recorded video that both parties were aware of even if I am getting it from a private site?

PA is a 2-party consent state. This recording was taken with both parties' knowledge and consent and specifically taken by party B. Party B then posted the recording to a private site that only party A and party B have access to. Would it be illegal for party A to take the recording off that... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 30, 2023

You have a complicated pattern. You need to consider not only privacy issues, but also copyright ownership. You should consult with an attorney.

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2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: can I publish via audio and print a public domain archived book that has been republished by another publisher?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 29, 2023

You should consult with an attorney to understand the scope of the public rights and your risks.

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2 Answers | Asked in Copyright and Intellectual Property for Georgia on
Q: Can I summarize news articles in completely my own words without quoting the source?

I want to provide my readers with a summary of the news. The summary would be completely in my own words, and unique titles too. Sometimes I weave several news articles into a single summary. Do I have to quote the source of the news? Am I fine legally?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 28, 2023

You should consult with an attorney that can evaluate your case.

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5 Answers | Asked in Trademark and Intellectual Property for New York on
Q: I am working on launching my skincare brand but when it came time to trademark the name I realize that another company

That also sells skincare trademarked my brand name within their slogan. It is three words and the only difference in them is the words "of" & "and" ..would I be able to trademark my brand name?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 28, 2023

You should consider a different brand and have a consultation with an attorney.

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3 Answers | Asked in Trademark and Intellectual Property for California on
Q: Has anyone Trademark CoCo Chanel ?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 27, 2023

You should consult with an attorney who can do a trademark search for you.

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1 Answer | Asked in Intellectual Property for Colorado on
Q: I am looking to start a blog and am wanting to ensure that the domain name I chose is ok.
Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 27, 2023

You should consult with an attorney to make sure you are not violating anybody's rights.

2 Answers | Asked in Trademark for New York on
Q: Can I utilize a trademark that is 7 years old that is inactive
Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 24, 2023

Maybe. You must consult with an attorney. The original owner may have rights to the brand.

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1 Answer | Asked in Trademark for Texas on
Q: A Brand I am selling is trademarked in Europe can I get a trade mark here in the US for it?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 21, 2023

You may, it happens all the time.

Consult with an attorney to understand your options.

2 Answers | Asked in Trademark for Arkansas on
Q: How to do I get a trademark that was already started but the examiner dropped the ball? "COVID" - great excuse!

We did everything asked from the government site. Replied to the examiner etc. This was during the "Covid ordeal" so no one ever got back with us. Great excuse. Then they just abandoned it as failure to respond even though we did. We still need to get this trademarked. I guess they just... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 21, 2023

If it was abandoned your best bet is to refile. You should consult with an attorney and get a full understanding of your case and if your goals can be achieved.

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2 Answers | Asked in Trademark on
Q: Hi, is it possible to trademark the name of a fictional superhero character? Does it have to be a unique word?

I am currently in the process of self-publishing a superhero comic book series and I want to know if I can trademark my character’s name to stop other writers from copying it. For example, let’s say the character’s name was “Arrowman” - would I be able to trademark that word?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 20, 2023

It depends on what name you want to use, if there is an already taken name. You need to consult with an attorney who will review the

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2 Answers | Asked in Copyright and Intellectual Property on
Q: As a contributor, do I need to transfer my copyright before an open-source project can change to a commercial license?

I am a large contributor to an open-source software project. The project wants to change their license to a more commercial one. They have asked me to sign over the copyright of my contributions to them to do so. Is this correct, or do they just need me to agree to the license change?

The... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 20, 2023

You definitely need to consult with an attorney. You need to review your employment contract, as well as the open source license.

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for California on
Q: I would like to create Mach 1 merchandise and certificates. I would like to use the nameplate, images, how do I do this?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 20, 2023

You should consult with an attorney who should analyze the extend of somebody's else rights and your risks and opportunities.

Best luck.

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4 Answers | Asked in Copyright and Intellectual Property for New York on
Q: Can I publish public domain lyrics as a childrens book and make money?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 17, 2023

It is not clear what you are asking, you should consult with an attorney.

If you referring to song lyrics, the answer most likely is not, but you should have a private consultation.

Cheers

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2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: Can I trademark a business name if a similar business exists already, but they did not trademark the name?

My business name is very similar to that of another business in a different state. We both provide the same type of services. Being in different states there's no problem, but at the end of 2023 the government is supposed to open up cross-State Licensing. I have no intention of performing... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 17, 2023

Agree with Mr. Jaap

You should consult with an attorney.

Your plans can be at risk.

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2 Answers | Asked in Copyright and Intellectual Property for South Carolina on
Q: I took pictures of a baseball game of a relatives child with their blessing. Can I use the pictures on my business page

The parents are not speaking to me now, years later, and are complaining about the photos on my business page

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 15, 2023

You should seriously consider not to use the picture anymore.

Copyright ownership is one angle to consider, you also should consider image and privacy of the models.

Consult an attorney.

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4 Answers | Asked in Copyright, Education Law and Intellectual Property for Wisconsin on
Q: Can curriculum created by school staff through grants/federal funding be copyrighted?

Indigenous Immersion Schools receiving grant funding and federal funding to operate must create a complete curriculum in target language that is unavailable elsewhere for purchase. These schools would like to copyright their work and are trying to decipher who has legal rights to copyright.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 15, 2023

You should consult an attorney and review the terms of the grant.

In many cases the government provides the grant and does not retain rights to the Intellectual Property, and the creators retain the right to register that IP.

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