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3 Answers | Asked in Trademark and Intellectual Property for Washington on
Q: Hi, how do I revive/renew a trademark I filed in 2007 but somehow botched and apparently abandoned?

Trademark serial #77116771

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 14, 2024

The intent-to-use application for EMBERFLY was allowed in 2007, but no statement of use or request for extension was filed. There has been no other application for the same mark. The same application cannot be revived, but a new application should be filed with a statement and specimen of use,... View More

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2 Answers | Asked in Business Formation and Business Law for California on
Q: Can I buy a franchise business in my personal name in the state of California?

My foreign entity is in the process of being registered in CA but will take some time.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 11, 2024

You should be able to acquire the franchise in your personal capacity, then assign it to the company when it is qualified, but the franchisor must understand and agree that you intend to assign the franchise to your company. The company will have to agree to the obligations to the franchisor in... View More

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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: We are looking to trademark an athleisure brand. Should we submit even if multiple applications for that name exists.
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Dec 28, 2023

The other attorney's answer to your question omits only one important point:

when there are multiple users of the same (or confusingly similar) mark for the same or similar goods/services, PRIORITY of usage -- "first in time, first in right" -- determines which of them should...
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2 Answers | Asked in Trademark and Intellectual Property on
Q: How to trademark multiple names and phone numbers.

Construction services related business is interested in having trademark for multiple names and multiple phone numbers. What are the costs and how much time does it take to get this done.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Dec 10, 2023

A reasonable trademark attorney will give you a break on multiple applications for similar goods or services, only a slight increase over a single application, but the USPTO filing fee for each application will be $250. The elapsed time from application to publication is running about 11 months... View More

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3 Answers | Asked in Trademark, Copyright and Intellectual Property for California on
Q: I'm looking to create and sell books commercially.

Some of them will have the word “Animal/Animals” in the title, internal pages, description etc. But there's a trademark for the word “ANIMALS” overseas, covering books. Does it mean that I can't include the word “Animal/Animals” either capital or lowercase in my book at all... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Nov 11, 2024

Your use of the word "ANIMALS" is merely descriptive of the subject, thus not infringing from a trademark perspective.

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2 Answers | Asked in Trademark on
Q: how can I trademark my brand worldwide? the brand is located in switzerland.
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 22, 2024

An application to register a trademark with the US Patent & Trademark Office can pay additional fees to have the mark registered in other countries under their national registries. Your trademark attorney can explain what countries are available for this feature and how much the fees are.

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2 Answers | Asked in Business Formation, Copyright, Intellectual Property and Trademark for Texas on
Q: Can I use the name of a film/TV show in my travel guide that highlights its filming locations?

I want to make and sell digital travel guides that center around filming locations for specific movies and tv shows. My goal is to educate travelers on where the film locations were, how to get there, and general facts about the place (weather, time zone, etc.). Would using the title of the... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 15, 2024

Although the content of television programs and movies are the subjects of copyright, their titles are not. To use the titles in the way you propose, merely to name them for reference, is legally permissible as "nominative fair use".

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3 Answers | Asked in Copyright, Entertainment / Sports and Intellectual Property for Texas on
Q: Making a motion-comic with real copyrighted music synced to it! Legal to tell readers to listen to specific song?

Is it legal to tell my readers to listen to specific songs at certain times in my motion-comic? For example, having a notice at the start of the comic telling readers that the comic is read best with certain songs to accompany it, and saying "Now Playing: *Song Name*" at the top of my... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 7, 2024

There is no infringement in using the names of the copyrighted works and/or links to sources for them.

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2 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: Is using 2 words out of a 4 word trademark infringement?

Trademark: The Mom Walk Collective

Intended use of Mom Walk:

(my city)Mom Walk

(City) Mom Walk Club

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 15, 2024

MOM WALK is the distinctive portion of the four word phrase THE MOM WALK COLLECTIVE, as the first word is merely an article and the last word is merely descriptive, so the proposed usage would be infringing.

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3 Answers | Asked in Copyright and Intellectual Property for Alabama on
Q: I'm a videographer and a client has requested I edit a video for them. They are playing Minecraft.

And they want me to put together a montage for them from their gameplay. Is it illegal to edit for them since they don't own the video game itself? Thanks!

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 15, 2024

The video montage is a new work of expression, copyrightable on its own and not infringing of the game copyright. You are creating it as a "work for hire" and the client will own the copyright.

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2 Answers | Asked in Trademark and Intellectual Property on
Q: how can i go about trademarking my dj name DJ Pardon My French. i would like to make merch such as clothes and phone cas

-es

also i would like to know how to start a business profile for my djing. such as an LLC

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 5, 2024

There is an active registration (#4278394) since 2013 of PARDON MY FRENCH for clothing, so a new application would most likely be refused.

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2 Answers | Asked in Copyright and Intellectual Property for Texas on
Q: A man writes a diary in 1947. He doesn't publish it or register it for copyright. Is it under copyright today?

After his death 10 years later in 1957, the diary is discovered in his home. It was not mentioned in his will, nor had he assigned the rights to the work to anyone. Is the diary under copyright protection in 2024? Thanks!

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 21, 2024

The author of the diary was owner of the copyright without regard for whether it was published or registered, and the copyright is owned after his death by his heirs, who may register and publish it if they wish. The copyright remains valid for the life of the author plus 50 years.

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3 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Do I have to get a registered trademark to sell shirts/hats with my YouTube name or logo?

I’m starting a YouTube channel and want to sell my own merchandise through print on demand. Shirts and hats with my logo and YouTube name on it. I don’t have a bunch of upstart money, so do I have to register a trademark through the US government before I can sell?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 3, 2024

It is not essential to register a trademark before using it, but it would be prudent to be assured that it does not infringe a mark already in use or registered. Consult an experience trademark attorney to perform a clearance search and render an opinion before going forward.

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2 Answers | Asked in Trademark and Intellectual Property on
Q: Sour Patch Kids Trademark Inquiry

Hi there

I am a resin artist and I a currently wanting to purchase 3D prints for some new artwork.

I found the trademark document for Sour Patch Kids Candy on your website but I can buy the 3d print to make models of this character. Is it illegal to make models of this character... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 1, 2024

Besides the trademark issue, the visual appearance of the characters may be the subject of copyright.

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2 Answers | Asked in Trademark and Intellectual Property for North Carolina on
Q: do I need to trademark a saying to use on shirts? It doesn't come up in the trademark search so I assume it is available
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 28, 2024

Use of text or a phrase displayed on apparel does not function as a trademark, but is considered merely "decorative use" and is not registrable. A trademark should be an indicator of the source of goods or services, as a brand.

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2 Answers | Asked in Trademark and Intellectual Property on
Q: PEYTANGERFiled: December 13, 2022

How can i contact this brand ?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 15, 2024

The application to register PEYTANGER was filed by Shenzhen Baitang Technology Co., Ltd, a Chinese company, through its US attorney Xingyi Tao <taoxingyi@daoleerlaw.com>

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2 Answers | Asked in Consumer Law, Copyright, Intellectual Property and Trademark for New York on
Q: Will there be legal issues if I mention TikTok's name while promoting my app?

Me and my team are working on a video sharing app called Clipzy and we have been promoting it as a TikTok alternative, and we wanted to make sure there weren't any legal issues that can arise.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 9, 2024

Using your competitors' names and trademarks to identify them for comparison purposes is "nominative fair use", as you are merely referring to their names, and it is not infringing of the marks.

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3 Answers | Asked in Trademark and Intellectual Property on
Q: Am i allowed to trademark the name "Lloyd Edward"

I am hoping to use the name for a clothing brand.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 13, 2024

If "Lloyd Edward" is the name of a living person, it can be registered as a trademark only with his written permission. There is currently no active registration of either LLOYD or EDWARD for clothing, although there had been registrations for each of them that were abandoned.

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Florida on
Q: Would Using the same color palette as waste management for branding of my dog poop removal business be illegal

The Waste Management Logo Colors with Hex & RGB Codes has 2 colors which are Cadmium Green (#026937) and American Yellow (#EDAA00). If I use these colors for my Dog poop removal business branding/logo/car wrap will I open myself up to litigation

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 5, 2024

The WM WASTE MANAGEMENT federal trademark registration is for the text only (and even disclaims exclusivity for the words alone), and without any claim for color.

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2 Answers | Asked in Trademark and Intellectual Property on
Q: I need to know the manufacturer name of MANYINA trademark. Who can help please?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Dec 27, 2023

MANYINA

Owner Name:

Longxin Wu

Owner Address:

Nanzhouhuayuan,NanzhouSt,Haizhu#906BldC3

Guangzhou, Guangdong CHINA 510000

Legal Entity Type:

INDIVIDUAL

Citizenship:

CHINA

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