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Questions Answered by Ahaji Kirk Amos

1 Answer | Asked in Copyright and Trademark for North Carolina on

Q: Do you have to blur out car logo on personal image if use for custom shirt?

Ahaji Kirk Amos answered on May 17, 2019

You can't use another's logo in a confusingly similar manner, i.e. that is likely to cause confusion as to the source of the goods or insinuates endorsement.

1 Answer | Asked in Trademark for Arizona on

Q: I own a trademark and my website with the name got hijacked by a cybersquatting company. Lost profits ect. Options?

Serial Number87052190

Registration Number5127750

Word MarkFLEEKNSLEEK

Fleeknsleek.com

Ahaji Kirk Amos answered on May 17, 2019

You need to have a consultation with an attorney to discuss your options. There are many.

1 Answer | Asked in Trademark for Ohio on

Q: Can I claim a trademark that contains a word that is ALREADY trademarked? Doctor Tasty's Mega Bites vs "Megabites"

I own a food truck business called "Doctor Tasty's Mega Bites" and we are considering franchising.

When I did a mark search, I noticed Churches Chicken trademarked "Megabites" for a chicken nugget they released in late 2017.

Is it likely our mark would be rejected because it... Read more »

Ahaji Kirk Amos answered on May 17, 2019

It will definitely be rejected. A patent attorney could very likely overcome that rejection, however. Feel free to set up a consultation with me.

https://calendly.com/ahajiamospllc/15min

1 Answer | Asked in Trademark on

Q: Include trademarked word in the title

Do I infringe IP if I include one trademarked word in my product title? The trademarked word is onsies but I include the word onsie in the title. Please help

Ahaji Kirk Amos answered on May 17, 2019

It depends. If the use of the word is likely to cause confusion as to the source of the goods used in association with the trademark (registered), then that's trademark infringement.

1 Answer | Asked in Trademark on

Q: hi to register a trademark i should make design or it could be just a name?

we found that there is plenty of XL ENERGY drink trademarks. We would like to register BALTIC XL Energy drink. Do you know if this legally is fine?

Ahaji Kirk Amos answered on May 16, 2019

I can't let you know if you can receive a trademark on that name. However, I can confirm that your design and name of the product should both be protected as they are two separate trademarks.

1 Answer | Asked in Patents (Intellectual Property) for Ohio on

Q: I want to change the entity's type to micro, since i am an individual, so the maintenance fee would not be high

I have several patent, and the maintenance fee when do you soon ; I want to change the entity type to micro so I can pay $400 tip patent rather than $1600 . Also, my address want to be changed as well. Beside I am not familiar with filling required documents, therefore what could be the range of... Read more »

Ahaji Kirk Amos answered on May 15, 2019

You just need to file a certificate of micro entity status. You can get the form at uspto.gov/forms.

1 Answer | Asked in Trademark on

Q: I want to print the words " Pig beach" "The swimming pigs" on tshirts. Am I allowed to do this?

someone else owns the trademark " the swimming pig"

Ahaji Kirk Amos answered on May 13, 2019

You should have a trademark search conducted by a trademark attorney.

2 Answers | Asked in Trademark for Colorado on

Q: HI, Selling on Ebay if the name THE NORTH FACE is a trademark violation can you just use North Face?

I sell on Ebay and I just got a letter from a law firm saying using "The North Face" is a trademark violation can I just use "North Face" without the "The". They are saying if I don't remove all my listings they may take legal action. My understanding is when I buy a item it becomes my property and... Read more »

Ahaji Kirk Amos answered on May 8, 2019

You need a comprehensive consultation. The issues that you have presented are too complex for this forum.

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2 Answers | Asked in Trademark for Florida on

Q: How do I trademark a business name?

Ahaji Kirk Amos answered on May 6, 2019

Business names are not eligible for trademarks. If you are using the business name is used in association with produce or service, then you may be eligible for a trademark. You should consult a trademark attorney. I offer free consults. https://calendly.com/ahajiamospllc/15min

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2 Answers | Asked in Patents (Intellectual Property) for New York on

Q: How can I sale a patented product ?

Hello , I have recently made incursions towards making a brand out of a specific product and discovered that is patent protected . Us 8,246,496 ; 8,579,737 these are the patents , now my question is , how can I sell them . Is it enough if I modify something in the product or do I need approval fron... Read more »

Ahaji Kirk Amos answered on May 6, 2019

You need an attorney to help you design around the patent, if possible. Otherwise, you'll be opening yourself up to big trouble.

If you are not producing the claimed invention, you need to get a clearance opinion from a registered patent attorney. Feel free to reach out for a free...
Read more »

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3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on

Q: Good morning. This compagny is selling a copycat of our patent product. a warning letter do not stop the sales.

what can we do?

Ahaji Kirk Amos answered on May 3, 2019

Sue them. That's the only way to stop and recover from infringement. You need to contact an attorney.

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1 Answer | Asked in Copyright and Trademark for Washington on

Q: Can I use a well-known Guru's teaching concepts and unlicensed verbiage to create an income producing website?

That's it in a nutshell. I want to use said Guru's concepts and some lose verbiage so I can advertise and gain traction in the community of people that follow her. I found a list of the company's trademarks and none include the terms I want to use. I would not be selling the concepts, just using... Read more »

Ahaji Kirk Amos answered on May 2, 2019

I think you can, so long as you don't use his language or any materials or publications.

3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Delaware on

Q: What is the cost to protect an invention and what documents do i need to provide?

Ahaji Kirk Amos answered on May 1, 2019

I echo Sean Serraguard. I charge a $3,000 flat fee for most applications ($9K-15 when I was with a big firm), not including the filing fees. Average folks pay about $430 in filing fees, but the price could be substantially higher. If you'd like a free consultation, please reach out at... Read more »

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2 Answers | Asked in Intellectual Property and Trademark for Florida on

Q: Can I be sued personally for trademark infringement without the plaintiff first sending a cease and desist to my corp?

My company and it's name were created a few years before the name was trademarked by an individual/person. The individual used sloppy specimens showing use by his corporate entity with no similarity in word mark even shown, and again; filed as an "individual/person" but still got the mark. I never... Read more »

Ahaji Kirk Amos answered on Apr 29, 2019

Yes.

You may use your entity status as a defense. However, a plaintiff can choose to sue whomever they'd like.

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1 Answer | Asked in Copyright and Trademark for Michigan on

Q: Am I able to TM a logo design that may have similar wording to one that's registered as standard mark?

their wording is registered and my words are arranged differently and missing a word the registered TM has. I also have a distant design for mine and its in use and printed on many things. How will I go about TM my design? Is it possible?

Ahaji Kirk Amos answered on Apr 29, 2019

The question is whether there is a likelihood of confusion. If the designs would cause confusion to a consumer on the source of the product, then it can't be registered as a trademark.

If you are interested in registering your trademark, you may schedule a free intro call with me at...
Read more »

2 Answers | Asked in Patents (Intellectual Property) for Florida on

Q: Can a provisional patent that was not followed up with a non-provisional patent be used to claim prior art?

I processed a provisional patent in 2003 and did not follow up with a non-provisional patent due to cost. I made several operational prototypes from 2000-2007 of this device. I did discuss concept with an associate of a company. I just recently found out that In 2008, this company was granted a... Read more »

Ahaji Kirk Amos answered on Apr 26, 2019

What Peter said is true. I could not have said it better.

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2 Answers | Asked in Trademark for California on

Q: is it possible I can obtain a trademark which status is dead ? what should I do to obtain it ,thanks

Ahaji Kirk Amos answered on Apr 26, 2019

If there has been non-use with no intent to use for at least 3 years, then yes. Otherwise, trademark rights are not established by registration (i.e. it doesn't matter that the registration expired), rights are established by use.

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3 Answers | Asked in Copyright and Trademark for Michigan on

Q: How would I go about trademarking my stage name if it has been abandoned in 2011?

Krimminall23@gmail.com is my email address

Ahaji Kirk Amos answered on Apr 24, 2019

You should file a new trademark application. If you'd like help, please visit my website and register for a free introductory talk, or click here: https://calendly.com/ahajiamospllc/15min

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2 Answers | Asked in Trademark for Minnesota on

Q: Trademark Cancelled can Product still be sold in the market.

Ahaji Kirk Amos answered on Apr 22, 2019

Trademark registration does not allow one to sell in the marketplace. Just because a trademark is canceled does not mean that it's free for public use. There is an article on my website on this very topic.

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1 Answer | Asked in Trademark for Ohio on

Q: Am I able to use the word Thieves by Young Living in a different mark drawing font for my own business of cleaners?

Ahaji Kirk Amos answered on Apr 22, 2019

I don't have enough information to help you. You may want to have a consultation with an attorney.

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