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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: Is there any possible way for me to trademark the name "MOBTIES CLOTHING"?
David Aldrich
David Aldrich
answered on Sep 7, 2023

You will likely encounter some difficulty. There is a registered mark (and another pending application) for MOB TIES, for many types of clothing. It is likely MOBTIES CLOTHING would be considered as likely to cause confusion with MOB TIES when used with clothing products.

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1 Answer | Asked in Trademark for Georgia on
Q: If there is a registered trademarked "phrase", does that mean I can not trademark my own work that shares 2 of the words
David Aldrich
David Aldrich
answered on Sep 7, 2023

This is a little too vague to answer. This will depend on how similar the overall trademarks are, and how similar the goods/services that the marks are used with are. You should consult a qualified trademark attorney with the specifics of your case.

3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: My Trademark was abandoned I did not realize we needed to do anything else to keep it up. How can I reactivate it

I registered a Trademark Name for my figure flattering apron designs called Shaypron. I have been using that name for 10+ years on my aprons that I sell, I just saw that my trademark was marked abandoned.

David Aldrich
David Aldrich
answered on Sep 7, 2023

I assume you are talking about the mark "DEBRA MURRAY SHAYPRON". If so, this registration went abandoned a very long time ago, such that you will need to file a new trademark application (whether for DEBRA MURRAY SHAYPRON or for just SHAYPRON). If you do this right away, you should be... View More

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2 Answers | Asked in Copyright and Patents (Intellectual Property) on
Q: is this patent applicable in india?
David Aldrich
David Aldrich
answered on Aug 24, 2023

Your question doesn't specify what patent you're referring to, but note that patents are geographically limited. For example, if you are looking at a U.S. patent, it would only cover products made, used, sold, offered for sale, or imported in/to the U.S. However, you would want to check... View More

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2 Answers | Asked in Trademark and Intellectual Property on
Q: Hi! I notice WOW World of Wellness is live in TESS but I see cancellation terminated 780. I can't find their Website

Here is their registration # 5423900 (what is this used for) and their serial # 86851266 (what is this used for). The status date is 3/22/21.

2. How can you overcome a confusion of a mark? I am not sure I will get approved as mine is WOW Wisdom on Wellness.

David Aldrich
David Aldrich
answered on Aug 22, 2023

The "serial number" is the number that gets assigned to a trademark application. If that application gets allowed, it receives an official certification of registration, with a "registration number."

The particular registration you reference is still active. Someone...
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2 Answers | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: Can I use the term "baseball" in the name of a new product i created?
David Aldrich
David Aldrich
answered on Aug 22, 2023

It certain instances, it would depend on what type of product it is. There is nothing inherently wrong with using the term "baseball" in a product name. And if the product relates to baseballs, this is a generic term, so no one can stop you from using this term. However, it is possible... View More

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Maryland on
Q: I have a idea for a fishing accessory idea that I'd like to make.

I've checked everywhere to see if someone else has come up with the same idea as myself and actually created the idea. And through my investigation looking to see if someone else has created my idea. No one else has

David Aldrich
David Aldrich
answered on Aug 24, 2023

You should contact a qualified patent attorney directly (this is just an anonymous question forum), and they can help you conduct a search and review of the relevant prior art. Even if you don't see the product in the marketplace, there is often relevant prior art in the form of earlier... View More

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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Indiana on
Q: How do make the manufacturing industry pay royalties for using our intellectual property?

We are the real Inventors of Confidence Disposable Underwear.

David Aldrich
David Aldrich
answered on Aug 16, 2023

If you patented the invention and someone is infringing that patent, you would typically send what is called a "cease and desist letter" to that company and offer them a license to the patent in exchange for a reasonable royalty. You should contact a qualified patent attorney, who can... View More

2 Answers | Asked in Patents (Intellectual Property) for Illinois on
Q: How do ask Justia.com to combine my two paten lists? (1) Yuda Yehuda Luz (2) Yuda Luz
David Aldrich
David Aldrich
answered on Aug 14, 2023

If you do not own the patents, there is not really a mechanism for you to do this. You can ask the patent owner(s) to file for a "correction" of the name on specific patents, but it is highly unlikely that they’ll be interested in doing so since there really is no business reason for... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Hello,Does it mean that no one can even make a device working in a simmilar manner with different configuration?

US Patent for Method and system for generating electricity from footsteps Patent (Patent # 11,309,769)

David Aldrich
David Aldrich
answered on Aug 10, 2023

The patent prevents others from making the specific system set forth in the claims (the numbered paragraphs at the end of the patent). The broadest coverage is claim 1, which has some very specific parameters. If a system does not include every element of claim 1 (or an "equivalent"... View More

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2 Answers | Asked in Trademark, Copyright and Intellectual Property for Michigan on
Q: What is the likelihood I would get the Trademark "Frankly, Scarlett" approved? It looks like it is a "dead" trademark

My name is Scarlett. I was searching to possibly get "Frankly, Scarlett" as a trademark for an online business...I would be Marketing/online Marketing, possibly building Funnels for companies/people as a freelancer, and mostly for mentoring/coaching/course creation/selling digital... View More

David Aldrich
David Aldrich
answered on Aug 8, 2023

Since the mark was abandoned several years ago, you can register it yourself (provided there are no other registered marks that are similar enough to present a problem). However, even though the prior owner let the registration go abandoned, before you use the mark for clothing (which is the class... View More

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2 Answers | Asked in Copyright, Business Formation, Business Law, Trademark and Intellectual Property for Georgia on
Q: Would there be any trademark infringements to Skippy Peanut Butter for a dog treat bakery to be named Skippy's Snack?

Skippy's Snack Shack

David Aldrich
David Aldrich
answered on Aug 8, 2023

If you are planning to use "Skippy's Snack Shack" as the name of a retail bakery shop, you would have a low risk with respect to the mark for Skippy peanut butter. However, if you used this name on the snacks themselves, you could potentially run into a problem. You should contact... View More

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3 Answers | Asked in Trademark and Intellectual Property on
Q: Hi, Can I Trademark SENSE GUARD for a Pool Alarm.Trademark can be "SENSE GUARD ALARM"
David Aldrich
David Aldrich
answered on Aug 8, 2023

There are multiple registered trademarks using the term "senseguard" in the same class in which you would register a pool alarm, which is similar enough that it would likely be a concern.

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3 Answers | Asked in Intellectual Property and Trademark on
Q: Hi I have a shop name is zuladesignstudio, sometimes Im using zula name as a short version. Is that ok about copyrights?
David Aldrich
David Aldrich
answered on Aug 8, 2023

If you are concerned that someone is using a name similar to yours, this is a trademark issue (not copyright). You should be concerned if someone is using a name that is similar to yours for a similar/product service (e.g., architectural design, clothing design, website design? Is it just the... View More

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2 Answers | Asked in Intellectual Property and Trademark for Texas on
Q: I need to know how to contact someone who has a trademarked phrase so that I can seek permission to use. Help
David Aldrich
David Aldrich
answered on Aug 8, 2023

You can search for the trademark using the government website here: https://tmsearch.uspto.gov/

Once you've located the trademark, click on it, and it will give you some basic info about the registration, including the owner.

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2 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: I have a similar logo to meaningful beauty. But it looks like they didn’t renew it. Could I trademark my logo

Meaningful beauty, a skincare company, has a similar logo to my clothing brand Miss Boulevard. It looks like they haven’t renewed their trademark. Is it possible for me to submit my logo as a trademark?

David Aldrich
David Aldrich
answered on Aug 7, 2023

Please note that the logo you are likely referencing has only gone abandoned in class 005 (for dietary supplements, vitamins, etc). There is still an active registration in class 003 (for skin care products) - Reg No. 5466416.

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2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: Can I use the same color in general with an app and we do similar business but different UI designs

Is it possible for me to use a color? "blue" which another business already uses, we are similar businesses but our app layout is very different.

David Aldrich
David Aldrich
answered on Aug 3, 2023

Someone can always sue; the important question is whether someone would have a reasonable case against you. Usually, color alone is not sufficient to establish an enforceable trademark right, but there are exceptions, when a color has become associated with a particular product in the minds of... View More

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2 Answers | Asked in Trademark and Intellectual Property on
Q: We are looking for detailed procedure of applying for trademark and the costing.

The company is already in the trademark list under 2 different business categories. We want to apply for trademark with the same company name for a different business category where our products are UPS, mobile devices and accessories. Along with the procedure and costing of applying for the... View More

David Aldrich
David Aldrich
answered on Aug 3, 2023

There are different costs involved, depending on the details. When filing a trademark application, you file in one or more “classes” (these are categories of goods/services), and the more classes, the greater the cost. There are also costs after filing of the application, which can vary... View More

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3 Answers | Asked in Trademark and Intellectual Property for Georgia on
Q: If a company took a design that i didn't trademark and flipped it, could i still sue?
David Aldrich
David Aldrich
answered on Aug 3, 2023

I'm not sure what you mean by "flipped it," but ultimately, trademark rights are governed by use. If you commercially used a mark before another company used that same mark with similar goods/services, you still have recourse to enforce your rights. You should consult a qualified... View More

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2 Answers | Asked in Copyright and Intellectual Property on
Q: Is it copyright infringement to sell clothing items sharing the same patterns as characters in media?

Lets say there's a superhero who wears a costume with black and blue squares all over it. If you designed a hoodie that also had the same color of black and blue squares, and then proceeded to sell it, would you be in the wrong?

David Aldrich
David Aldrich
answered on Aug 3, 2023

It could be. Clothing patterns used to be nearly impossible to protect with copyright. However, copyright protection for this has opened up in recent years, largely due to a major Supreme Court case directly addressing the issue. Now, if a design can be perceived as a work of art separate from... View More

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