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Questions Answered by Ahaji Kirk Amos
2 Answers | Asked in Copyright and Trademark for Ohio on
Q: In marketing, can we mention that our products were previously sold under a trademarked brand name?

Our products were sold exclusively by a large fortune 500 company under a trademarked brand name. They have recently stopped selling our products in lieu of creating their own line. I'd like to know if, in our marketing, we can say, [our product name] has been sold by [their company name]... Read more »

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 22, 2019

I would be careful about doing that. The question would be whether you are creating an impression of affiliation with the previous trademark owner or confusing the public as to the source of the goods.

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2 Answers | Asked in Copyright and Trademark for Pennsylvania on
Q: how do i get around a trade mark in a description text?

I've been asked to take down a product on my art shop that is listed as "The Boston Marathon" apparently that text or logo is trademarked by the baa. I do not use any of their logos or trademarks on my product, just describe the product as the Boston Marathon. Am I still infringing... Read more »

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 17, 2019

You can't use that phrase as it is owned by someone else. There's no way to get around it other than asking for permission to use it and being approved.

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2 Answers | Asked in Business Formation, Business Law and Trademark for Missouri on
Q: Hey I want to start a brand with a brand name Amélie. How can I tell if that name is already taken?

I’m starting a hair extension business but in the future I want multiple business under the brand name (ex. Fenty by Rihanna). I need advice on trademarking the name and llc.

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 15, 2019

I would recommend that you have a trademark attorney like myself conduct a trademark search for you.

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1 Answer | Asked in Trademark on
Q: Dear concerned, If the status of a trademark is "710 - Cancelled - Section 8", then it means it is free to use?
Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 14, 2019

No. Trademark rights are based on use, not USPTO registration. So, you will need to make sure no one has used the mark in a confusingly similar manner prior to your use before you proceed. I have a video on this topic on my website.

2 Answers | Asked in Copyright and Trademark on
Q: Can you make and distribute skittle vodka?

To clarify the product would not in anyway use the brand skittles

But would use skittles in the making of the product

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 14, 2019

No. The title implies and endorsement. So, you need to get permission from the owner of the skittle trademark.

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1 Answer | Asked in Trademark for Mississippi on
Q: I have my trademarked MargaretesFine Chocolates inc in name 10 years ago an has been renewed a few weeks ago,

5 years ago my former partner Margarete start a store simply by Margaret this is infringing on my tmark??

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 14, 2019

I'm not sure what your question is.

The standard for infringement is the likelihood of confusion.

1 Answer | Asked in Business Law, Trademark and Intellectual Property for New Jersey on
Q: Can I add “services” at the end of my business name to eliminate I fringement?

I realized there is a business with a similar name as me. (They had it first). If I amend my business name to add “services” at the end will this suffice? Or is there still room for a cease and desist letter to be sent to me?

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 12, 2019

The standard for infringement is the likelihood of confusion. So, your assumption is correct. There is room.

1 Answer | Asked in Business Law, Trademark and Intellectual Property for Delaware on
Q: Do I need to change my business name?

I registered my business in DE named “Goddess Financial”, after a trademark search I realized there is a company in Australia named “Financial Goddess”. (Registered their trademark in USA). We offer different services but both obviously in the financial industry. Do I have to change my... Read more »

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 12, 2019

I would recommend that you change your name to avoid future disputes. The standard for trademark infringement is a likelihood of confusion. Sounds like that is a possibility. Now, if you were using the trademark before the date of first use of the registered mark, you may want to seek... Read more »

3 Answers | Asked in Patents (Intellectual Property) for Michigan on
Q: I created a unique plant fertilizer product that is retail. I solely control formula and want to protect & patent. How?

The product was registered, tm and certified by all governing bodies in order to sell.

Trade secret formula as of now

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 10, 2019

You must file a patent application if you'd like a patent. I could certainly help you with that, as I have specific experience working with Montanto and Scotts in this area.

Because I'm familiar with how long the regulatory process takes, it's likely that patent protection...
Read more »

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3 Answers | Asked in Patents (Intellectual Property) for California on
Q: How can I move my patent from application to grant stage? Thank you.
Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 8, 2019

Unless you request expedited prosecution, you will wait about 18 months after you file a patent application before your application is examined. The typical prosecution phase is about 36 months. The best way to move it forward is to respond to USPTO office actions as soon as possible. You get 6... Read more »

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1 Answer | Asked in Copyright, Business Law and Trademark for Georgia on
Q: What's does domestic profit corporation mean?
Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 5, 2019

It means a corporation organized and doing business in the state for profit. A foreign corporation is a company that is organized in another state, but doing business in another state. For example, a corporation organized in Delaware, that is doing business in Georgia, must register as a foreign... Read more »

2 Answers | Asked in Trademark on
Q: I am located in Singapore and I am looking to trademark a product name. What's the best way to do so internationally?

I am located in Singapore, but product is retailed online globally. I would like international coverage for my product's name.

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 3, 2019

You should hire an attorney who uses technology. I can definitely help you file your application.

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2 Answers | Asked in Trademark for Florida on
Q: How much does it cost to get a trademark?

Posible logo or company name trademark

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Mar 30, 2019

Varies.

I charge $250 for the first class/mark for the application. USPTO fees start at $225. The prosecution costs $500-$1,500, on average over the course of about 8 months. The more crowded the field and descriptive the mark is, the more expensive prosecution will be.

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1 Answer | Asked in Copyright and Trademark for Massachusetts on
Q: Would trademarking be the best route to go in order to protect a brand you've built on social media?

For example you have a page that posts quotes and sells merchandise. Would a trademark protect quotes and merchandise with the brand name on it from being stolen?

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Mar 29, 2019

Trademarks protect the indicia of the source of goods. So, yes.

2 Answers | Asked in Trademark for Massachusetts on
Q: When trademarking a name/brand are you only able to trademark one version of the name or can other versions be included?

For example Blue Moon is the name of the company but on social media it's Blue.Moon or BlueMoon. Would trademarking Blue Moon protect Blue.Moon or BlueMoon social media pages?

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Mar 29, 2019

You should only include one trademark per application. The test for infringement of a trademark is the likelihood of confusion. So, if blue moon were registered, it's very likely that the other words/phrases you suggested would also be protected. If you protected blue moon, it protected in... Read more »

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2 Answers | Asked in Copyright and Trademark on
Q: If 2 objects have the same name, and one of them becomes trademarked, does the other one become susceptible to infringe?
Ahaji Kirk Amos
Ahaji Kirk Amos answered on Mar 27, 2019

The law is a bit hard to follow. The answer is, it depends. In general, the first to use has superior rights, not the first to register. Here it is:

1. The first to use the trademark (continuously and currently) has the right to a trademark.

2. If there is a prior user that has...
Read more »

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2 Answers | Asked in Patents (Intellectual Property) for Delaware on
Q: Application 20150060259 has been granted! But I do not see the granted patent here, why?
Ahaji Kirk Amos
Ahaji Kirk Amos answered on Mar 26, 2019

Maintenance fees are required in order to keep a patent alive. Looks like they weren't paid, so there is no patent.

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3 Answers | Asked in Patents (Intellectual Property) on
Q: Hi , If I have designed the flag as a piece of home decor , would I have to make a patent application for this ?

Because of the nature of my work as a product designer means there would be regular improvements or changes of appearance to the design or type of materials used .

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Mar 27, 2019

I agree that you should consider a design patent. But, there might be issues with coverage for improvements or changes. The standard for infringement of a design patent is that an ordinary observer determines that the patented design is “substantially similar” to cited prior art. The... Read more »

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2 Answers | Asked in Trademark for Georgia on
Q: I already registered my trademark now what do i need to do and do I need a lawyer?
Ahaji Kirk Amos
Ahaji Kirk Amos answered on Mar 24, 2019

You are required to police your trademark. This means that you have a legal obligation to stop others from doing anything that would dilute your trademark and stop any confusingly similar uses. Failure to do so could inhibit your ability to enforce your trademark in the future.

I provide...
Read more »

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