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Questions Answered by Fritz-Howard Raymond Clapp
1 Answer | Asked in Intellectual Property and Trademark for Oklahoma on
Q: "Oklahomie" serial number: 88275112 current "status: 604 - Abandoned- After- Inter-Parties-Decision" Is it available?

Is it available to trademark or is it already taken?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Feb 3, 2023

This application and another to register OKLAHOMIE (with map) were opposed by The Board of Regents of the University of Oklahoma twice (in 2019 and 2020) which owns several registration for OKLAHOMA.

A new application to register OKLAHOMIE would most certainly be similarly opposed.

1 Answer | Asked in Intellectual Property, Trademark and Copyright for New Mexico on
Q: I am asking for clarification on the Let's get Ready to Rumble trademark.

I am a pastor at a church beginning a new series called "the Rumble" We would like to have a mic fall from the ceiling and one of the pastors to say Let's Get Ready to Rumble. We have a livestream and want to avoid trademark/copyright issues. Can I have some assistance in this?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Feb 2, 2023

LET'S GET READY TO RUMBLE has been registered since 2000 for advertising and entertainment, by sports announcer Michael Buffer through his corporation READY TO RUMBLE INC. The proposed use for similar services could be considered infringing by the trademark owner. However, since the context of... Read more »

1 Answer | Asked in Copyright for Indiana on
Q: Can I sell my aviation and automotive photographs?

As a photographer can I, for example, sell my photograph of a Ford Mustang, and describe it in my listing as a "photograph of a Ford Mustang", without Ford’s written permission?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 30, 2023

Yes, of course you can. Using a trademark in the description of the photograph is "nominative fair use" of the mark, and not an infringement.

1 Answer | Asked in Trademark and Intellectual Property for North Carolina on
Q: what does it mean under status710-canceled?does this mean name is now avail??under trade mark listing
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 30, 2023

Trademark registrations are cancelled in most instances due to the failure of its owner to file with the USPTO a statement of continuing use. These maintenance filings are due in the fifth year after registration and in the ninth year to renew for another ten year term.

Just because a...
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2 Answers | Asked in Intellectual Property and Trademark for Tennessee on
Q: Please explain the following?

I am looking to trademark the name Bitsy Boop. I found THIS on your website: BITSY BOOP - Trademark Details

Status: 710 - Cancelled - Section 8

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 30, 2023

BITSY BOOP, with a design of a little girl, was registered by the Hearst corporation in 1998 for tee shirts, and one half of Hearst's interest was assigned to Fleischer Studios in 1999. The joint owners failed to maintain the registration with a required statement of continuing use in 2005,... Read more »

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1 Answer | Asked in Trademark for Tennessee on
Q: If an application has been made for a name to be trademarked, can that name be used until the trademark is issued?

How long does it typically take for a trademark to be issued?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 27, 2023

Federal trademark registration is not necessary for use of the trademark, and the mark may continue to be used by its owner pending its registration. Until the registration has been issued, however, its owner does not have the ability to sue in federal court for its infringement.

Current...
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1 Answer | Asked in Copyright and Intellectual Property on
Q: i want to use name Moana as an artist (singer) name.I have rights to use it as an artist name,haven’t I ?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 26, 2023

MOANA is a Hawaiian word for "ocean" and is therefore a generic term, not capable of being registered by itself for exclusive use. Disney has registered DISNEY MOANA for use in films and entertainment, and as the name of a fictional character. Your use of MOANA would most probably be... Read more »

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for California on
Q: I have a superhero who is a literal archangel would I still be infringing on Marvel's archangel?

They have the same name: archangel. They both superheroes. They have a similar look (human with wings... Like an angel). But that's it.

The story is radically different. Marvel's archangel is a mutant originally called angel until his wings are replaced by mechanical wings. That... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 25, 2023

This is more of a trademark issue than copyright, unless the image of your character is identical to the Marvel character.

ARCHANGEL was a registered trademark of Marvel in 1994 for comic books, but that registration was cancelled in 2005 for failure to file a statement of continuing use....
Read more »

2 Answers | Asked in Copyright, Animal / Dog Law and Intellectual Property for Idaho on
Q: Can I legally sell an image I took of a friends cow without their written consent or do I need a property release?

I took photos of a friends cows about 3 years ago. Last week discovered that she was trying to sell my images on Etsy. When I asked her not to she then proceeded to tell me I am not allowed to sell images of her cows, that she has never given me permission. Do I need a property release from her if... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 23, 2023

You own the copyright in photos that you took of the cows and have the exclusive right to copy and sell copies of them. Permission of the cows' owner is not required.

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1 Answer | Asked in Intellectual Property and Trademark for Utah on
Q: Can I use the tagline "The Whoniverse, the Multiverse, to infinity and beyond..." in a logo for a travel agency

I am designing a logo for a travel agent that will be used at comic conventions and similar fan experiences to advertise a service that arranges travel to such conventions.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 22, 2023

Although there are trademark registrations for marks including the words WHONIVERSE and MULTIVERSE, use of these words in a slogan should be considered fair use and not infringing as they are generic terms.

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Can I put a copyrighted sticker on a cup to sell if I bought the sticker from the copyright holder?

For example- If I buy a sticker from Disney and I put the sticker I purchased on a cup and I sell the cup would that be legal since I did not make the sticker. I would also be purchasing the sticker legally from them.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 21, 2023

Yes, thanks to the "first sale doctrine" codified at 17 U.S.C. § 109, which provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the... Read more »

3 Answers | Asked in Trademark for Louisiana on
Q: How much does a trademark usually costs?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 21, 2023

Federal registration of a trademark used for a single type of goods or services, including the government filing fee and the assistance of a qualified attorney, will usually cost between $750 and $1000.

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1 Answer | Asked in Trademark on
Q: Hi we are looking for to get copyright of "Siren Head" for our gaming studio. But anyone can explain that is it possible

We are running a gaming studio and we created game Siren Head and submit on apple connect.But Apple has rejected and ask for its copyright.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 20, 2023

Your question pertains to trademarks, not copyright.

SIRENHEAD has been registered as a trademark for games and toys by a Chinese company (Yangzhou Okus Trading Co., Ltd.), which would explain why Apple declined to list your game or gaming studio.

2 Answers | Asked in Copyright and Intellectual Property on
Q: I am looking to sell quotes on merchandise from ancient philosophers like Marcus aurelius etc. Would this be legal?

The quotes would be from figures like Albert Einstein and Abraham Lincoln. All of which have passed on. Would these be free of copyright?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 17, 2023

The works of the ancient philosophers and Abraham Lincoln are definitely in the public domain. As for Einstein, who died in 1955, some of his published works may still be subject to copyright (Works published after 1923, but before 1978 are protected for 95 years from the date of publication.)... Read more »

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1 Answer | Asked in Trademark for Illinois on
Q: If a word is trademarked as a singular item, say "rain" is it considered infringement to use multiples such as "rainss"?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 16, 2023

Yes. If a text component of a registered mark is in the singular form, it is infringed by use of the plural. The issue is whether the mark is "confusingly similar" to another mark, and mere pluralization of a text component in a mark is considered too similar for registration.... Read more »

2 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: I'm starting a video podcast. Can I use still images from various tv and movies?

When we mention a character, we'd like to be able to show that character without getting sued by Disney. And this podcast will be for profit, if that's relevant.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 12, 2023

Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work such as quotes or still images, for purposes such as commentary, criticism, news reporting, and scholarly reports. Such use is not actionable infringement.

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1 Answer | Asked in Trademark for Kansas on
Q: I want to sell handmade goods such as jewelry, clothes, art, etc. under my brand. What class do I choose to trademark?

All of my goods would be handmade by me but the goods vary from handmade clothing, paintings, and jewelry. I am curious if there is a class that covers these as a whole? I would like to pay as less as possible because I understand each class is $350. I would be selling all of these handmade... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 12, 2023

Jewelry is in International Class 014, apparel is in IC 025, and art/paintings is in IC 016. If the application is filed using TEAS Plus, the filing fee is $250 per class. TEAS Plus applications have a lower fee but more requirements than TEAS Standard, explained here:... Read more »

2 Answers | Asked in Trademark on
Q: Do you do DMCA on roblox under behalf of Mojang AB?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 10, 2023

From the roblox terms of service: "you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by contacting our Copyright Agent at copyright_agent@roblox.com"

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1 Answer | Asked in Trademark, Business Law and Intellectual Property for Missouri on
Q: Can I as a music venue owner use this trademark and in turn file for it to be mineSerial Number74343304
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 3, 2023

The application SN 74343304 (IF YOU BUILD IT THEY WILL COME) was for art prints, but was abandoned. Applications to register that mark for construction services and fitness centers were made but abandoned.

IF YOU BUILD IT THEY WILL COME is currently registered for use on apparel, but there...
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1 Answer | Asked in Entertainment / Sports, Gaming, Trademark and Intellectual Property on
Q: I want to release a video game called "Trauma Team". Is there a trademark for this name? Is it available now?

When I checked whether there was a trademark of this name, I came across the game company named "Atlus" released in 2009 with the same name. However, when I researched a little more, I saw that this trademark was canceled in 2021 in several sources. Is this true or will I run into any... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Jan 3, 2023

The trademark registration of Atlus Co., Ltd. for the TRAUMA TEAM mark expired in 2020 for failure to renew. However, if the mark is still being used (despite the registration expiring) you would be infringing by selling similar goods with the same mark.

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