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Questions Answered by Benjamin Charles Korray
2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: I'm a streamer who has been going by the name "JollyGreen0502" Am I at risk of getting sued for copyright?

I use the name JollyGreen0502 and I use that on merch that I sell as well. I am worried about possible copyright infringement against B&E who has a trademark on the name "Jolly Green Giant"

Benjamin Charles Korray
Benjamin Charles Korray answered on Jan 28, 2021

I believe more information is needed to give you a better answer. Is there a particular person or entity that you believe has rights to that name? Are you using that name in other ways? What made you believe that there may be a legal issue here?

There may be other intellectual property...
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3 Answers | Asked in Trademark on
Q: We would like to trademark Virosense. Please advise the cost, process and timeline.
Benjamin Charles Korray
Benjamin Charles Korray answered on Jan 18, 2021

Hello, please feel free to email me at benjamin@korraylaw.com to set up a phone call to discuss your questions about trademarks.

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2 Answers | Asked in Trademark for New York on
Q: can I trademark an IP without a business license or deciding on a business name ?

I have fictional character I made for movies, music and books. I want to protect it and license it

Benjamin Charles Korray
Benjamin Charles Korray answered on Jan 18, 2021

Yes, in theory you can. You do not need to first form a business or decide on a business name. However, in order to obtain a registered trademark, you have to actually use the fictional character as a brand and "in commerce" which means that you need to sell things under that brand. And,... Read more »

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1 Answer | Asked in Trademark for Georgia on
Q: Hi! If I created a personalized rug of a character that is trademark would I be in violation of trademark agreement?

Starting a small business creating personalized rugs and want to avoid trademark fraud.

Benjamin Charles Korray
Benjamin Charles Korray answered on Jan 17, 2021

Maybe yes, maybe no. It depends on how the trademark is registered and how you use it on your rugs and then if and how you sell it. You should also consider that characters can be protected under copyright (in addition to trademark). Please feel free to email me if you have any questions at... Read more »

3 Answers | Asked in Trademark for Georgia on
Q: I want to trademark a name that is considered “abandoned” and “dead” on TESS. What steps should I take?

The goods and services that the dead trademark provides is not in the same category as what I want to provide

Benjamin Charles Korray
Benjamin Charles Korray answered on Jan 17, 2021

In order to ensure that the trademark is available you’ll need to perform a clearance search which includes the trademarks in your same class of goods / services as well as other classes of goods / services that may overlap with what you plan to sell. In addition to the federal trademark... Read more »

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2 Answers | Asked in Trademark for New York on
Q: I own the domain name hodlerhotel.com I want to trademark holder hotel what do I need to do?
Benjamin Charles Korray
Benjamin Charles Korray answered on Jan 16, 2021

The trademark process is usually done in two steps. First, you’ll need to perform a clearance search to ensure that the name is available and that there are no “confusingly similar” trademarks. Then, if the name is clear, you can protect the name by submitting a trademark application through... Read more »

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1 Answer | Asked in Trademark for Kansas on
Q: Is this trademark still owned

I have came with that name for a total opposite of this trademark can I still use it and copy right a different area of this brand

Benjamin Charles Korray
Benjamin Charles Korray answered on Jan 16, 2021

Hi, trademarking a brand is a two step process. First, you’ll need to do a clearance search to ensure that the name is available. Then, if the name is available, you can file for protection via a trademark application on the federal level with the USPTO (US Patent and Trademark Office). If you... Read more »

3 Answers | Asked in Trademark for Georgia on
Q: Is a cancelled trademarked name then available for use?
Benjamin Charles Korray
Benjamin Charles Korray answered on Jan 15, 2021

Hi, the answer is maybe. It may be available on the Federal Level (the USPTO) but it depends on the way it was filed and what other trademarks are in existence. With trademark conflicts, the USPTO looks at what they consider other "confusingly similar" marks. Then, you also need to... Read more »

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1 Answer | Asked in Intellectual Property and Trademark for Tennessee on
Q: How can I get T.R.A.P. Fitness LLC trademarked when there's already a live entry for a Trap Fitness for Pretty Girls?

My brother started T.R.A.P. Fitness LLC in Memphis, TN in 2019 for both male and female clients. Here is his website: trapfitnessmemphis.com.

Trap Fitness for Pretty Girls was registered in 2020 (Serial Number 88312626) (Registration Number 5953349) in Lancaster, TX.

The entry did... Read more »

Benjamin Charles Korray
Benjamin Charles Korray answered on Jan 15, 2021

It depends. You may be able to file under either name (the short name or the long name) but you would need to perform a clearance search to see exactly how everything was filed and then make a determination based on that. With trademark clearances, we would look at names that are the same but also... Read more »

3 Answers | Asked in Trademark on
Q: Hello Can I use a trademark (not mine) after being canceled or abandoned since 2016 ? Thanks in advance

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Benjamin Charles Korray
Benjamin Charles Korray answered on Jan 15, 2021

It depends. There are trademark rights on the local, state, and federal level. Just because a trademark was abandoned does not mean that it is available. However, it is a good indication that it might be available. If you have any further questions feel free to reach out to me at... Read more »

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1 Answer | Asked in Trademark for Michigan on
Q: If something is trademarked, does that mean I can't use it as a name as and artist? Denizen used by Levi's specifically.

I wanted to know if I could use it as an artist even though they use it for a line for their clothing. Does the fact that I'm not selling jeans with it make it ok?

Benjamin Charles Korray
Benjamin Charles Korray answered on Jan 14, 2021

Maybe yes, maybe no. The trademark world is divided into 45 different categories (also known as classes). Each class represents a different group of goods or services. If Levi's has the name Denizen trademarked for jeans then they likely have a trademark in class 025 (the class for clothing).... Read more »

3 Answers | Asked in Trademark for Pennsylvania on
Q: how do I apply to trademark a logo?
Benjamin Charles Korray
Benjamin Charles Korray answered on Jan 14, 2021

Hello, to file for protection for your logo (on the Federal level) you can submit an application online via the USPTO at the following link: https://www.uspto.gov/trademarks-application-process/filing-online/initial-application-forms

You will need to file the trademark as a "design...
Read more »

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