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Questions Answered by John Martin Hilla
2 Answers | Asked in Trademark for Utah on
Q: I'm trying to make a clothing brand named blase, would i still be able to or is there legal issues?
John Martin Hilla
John Martin Hilla answered on Mar 31, 2020

Consult a trademark attorney to discuss your proposed mark in a private consultation.

Many of us offer free virtual consultations to potential clients nationwide.

The first step that is required to answer your question is to retain an attorney to conduct a thorough clearance...
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2 Answers | Asked in Business Formation, Business Law and Trademark for New York on
Q: Is it ok to register a business / trademark using a different name?

Hello,

I'm asking for legal advice. Is it permitted by law to register a business entity and file for a trademark registration using a false name?

Thanks in advance.

John Martin Hilla
John Martin Hilla answered on Mar 31, 2020

This response is not specific legal advice and is not intended to create an attorney-client relationship.

You should speak with a trademark registration attorney for specific information regarding your particular proposed trademark .

A trademark is a word, name, phrase, slogan, or...
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2 Answers | Asked in Trademark for Tennessee on
Q: Can my logo that is a registered trademark change the background color while still keeping its tradmark
John Martin Hilla
John Martin Hilla answered on Mar 2, 2020

If you filed a design mark application with a color specimen and registered it with color, the registration protects that specific design exactly as filed. Changing the color will remove the design or logo from the umbrella of protection offered by the USPTO registration.

This is why,...
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2 Answers | Asked in Trademark for Arizona on
Q: What constitutes "use in commerce" in videogame development?

If I am actively developing a video game for downloadable platforms, do I have to wait until I am actually selling my game to register my mark or is announcing the project/maintaining a web presence/updating a devblog enough to constitute "use"?

John Martin Hilla
John Martin Hilla answered on Feb 17, 2020

No, it must be able to actually be purchased by end-users via Google Play, iTunes, or Android store, or other platform, in order to be "in use in interstate commerce."

It is possible to file an "intent to use" prior to this point, while you are in development. Please...
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2 Answers | Asked in Trademark for North Carolina on
Q: how can I reinstate a trademark that was abandoned?

filling date was 8/30/13

status date was 10/27/14

John Martin Hilla
John Martin Hilla answered on Feb 5, 2020

Presuming the mark is yours and that you're not trying to "reinstate" someone else's abandoned mark, if the mark was abandoned for failure to respond to a USPTO Office Action, you can file a petition to revive. If the mark was abandoned due to USPTO error, you can file a request... Read more »

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1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: Can I trademark my blog name if someone else recently started using it for their brand. It is not registered by either

I’ve had the name longer but they’ve used it first in commerce and it is Not registered

John Martin Hilla
John Martin Hilla answered on Nov 25, 2019

The US is a "first to use" jurisdiction in terms of trademark registration and not a "first to register" jurisdiction. If you were first to use the name and the first to apply to register the name, potentially, you should speak with a trademark registration lawyer--and I'd... Read more »

1 Answer | Asked in Trademark for Maryland on
Q: Hello If I’m looking to trademark the term Grind In Silence would I be able to do this for my t shirt company?
John Martin Hilla
John Martin Hilla answered on Oct 23, 2019

If "Grind in Silence" is the name of company producing the t-shirt products which you wish consumers to associate with that term/name, you can contact a trademark attorney to discuss running a full clearance search prior to filing a an application for trademark application with the US... Read more »

2 Answers | Asked in Trademark for California on
Q: When should you get your brand and or logo trademark?
John Martin Hilla
John Martin Hilla answered on Sep 30, 2019

Ideally, you should conceive your company name and related logo or design in the planning stages of your business or venture, before you have invested too much capital in the idea. If you've done that, you can consult with a trademark attorney as to the registrability of the proposed mark,... Read more »

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2 Answers | Asked in Intellectual Property and Trademark for Michigan on
Q: I need to add a trademark for my business an amazon store, Need only one trademark number how much and how long thank u
John Martin Hilla
John Martin Hilla answered on Sep 12, 2019

Legal services are not one-price-fits-all situation, but, as noted by my colleague who has already answered, $1000-$1500 in single-application, single international class cases is not unusual. Much depends on your business, your proposed trademark, whether you are interested in protecting your... Read more »

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1 Answer | Asked in Trademark for Pennsylvania on
Q: How much does a trademark cost? Is there an annual fee?

I see a cartoon character, Thundarr the Barbarian may currently not be trademarked by anyone.

John Martin Hilla
John Martin Hilla answered on Aug 1, 2019

Ookla the Mok say, "Doesn't mean character not in use commercially or protected by US copyright law."

It is always best to create an original brand name, tag-line, or logo.

2 Answers | Asked in Trademark for Minnesota on
Q: TM search & no results, google search showed 2 others with Instagram accts w/ same name

The 2 hits on google were Instagram accts; one created last month and the other 4/2017. I started mine late 2016 early 2017. One is a graphic designer who created a logo for a "client" but then this month after contacting me about same name, listed shirts for sale on his Instagram acct.... Read more »

John Martin Hilla
John Martin Hilla answered on Jul 31, 2019

Respectfully, you seem to be seeking the assurance of an attorney that your proposed trademark is "safe" for purposes of a trademark registration application without actually hiring or paying for an attorney--and without disclosing what that proposed mark actually is.

You are not...
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1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for California on
Q: Can I withdraw from a partnership LLC but keep trademarks? Moving from CA to AZ.

I was a sole proprietor consultant and developed a software application, then got married. My then-spouse and I reorganized as a partnership LLC in CA. I don't think we have an operating agreement.

We are equal partners with his mom being a 2% partner, but I do all the actual work... Read more »

John Martin Hilla
John Martin Hilla answered on Jul 30, 2019

If the application(s) for the trademarks' registration filed with the USPTO lists the LLC as owner, the LLC remains the owner regardless of your LLC's status, dissolved or otherwise.

The LLC will need to transfer ownership to you or your new entity. You should consult a...
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1 Answer | Asked in Copyright and Trademark for New York on
Q: Can I use a word that is part of a trademarked phrase for my artist name when I release music?

The word is (Lyoko) and is part of the trademarked phrase "Code Lyoko". The trademark for Code Lyoko does not include music production or releases, so does this mean I would be okay because it's a different industry?

John Martin Hilla
John Martin Hilla answered on Jul 29, 2019

Your best bet is to come up with a name or brand this is totally unique and original. However, you should discuss your proposed trademark with a knowledgeable trademark attorney.

Most trademark attorneys practice nationally, so you should feel free to discuss your artist name with an...
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1 Answer | Asked in Trademark for Iowa on
Q: How do i find out what classes to register my trademark under for a cosmetic company?
John Martin Hilla
John Martin Hilla answered on Jul 29, 2019

Your best avenue to a successful Federal trademark registration is to, first, schedule a knowledgeable trademark registration attorney, and, second, to retain that attorney or another such attorney to draft your application for you, utilizing information you provide not only regarding your current... Read more »

1 Answer | Asked in Bankruptcy on
Q: Bankruptcy - I'm married, can I file on just my stuff? Can I keep 2 loans and wipe out everything else?

About me: live in Michigan, married, 78 years old, own my home with my spouse. Combined monthly income is roughly $5200 (mine $3300, his $1900). Have over $12k in credit card debt. Have about $1,000 medical debt. Have a car loan for $12k. Have a personal loan for $9k. Can i file on everything... Read more »

John Martin Hilla
John Martin Hilla answered on Jul 24, 2019

The short answer is that you need to consult with an experienced bankruptcy attorney to determine if bankruptcy is a good option for you, or a dangerous one. In particular, real estate can be a primary concern in terms of asset protection. In a Chapter 7 bankruptcy, assets, whether your home or a... Read more »

3 Answers | Asked in Bankruptcy for Virginia on
Q: Can I file bankruptcy and add an agreement that I had with my previous employer on a loan
John Martin Hilla
John Martin Hilla answered on Jul 3, 2019

First, you should consult with an experienced bankruptcy attorney in your local area in a private consultation your interest in filing for bankruptcy to determine eligibility, asset protection issues, and whether or not it is the best option for you.

That said, any sort of loan or...
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1 Answer | Asked in Trademark for California on
Q: I have a trademark under an LLC that was closed 6 years ago, trademark is still valid.

What is easiest way to get tradmark back?

John Martin Hilla
John Martin Hilla answered on Jul 2, 2019

The question in your case is whether the trademark was registered by the LLC or by you (or someone else), personally--and whether the mark is still in use in interstate commerce.

Depending on the situation, the trademark may be assignable to you

You should consult a trademark...
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1 Answer | Asked in Trademark for Texas on
Q: "Red White & Due" is trademarked for T-shirts. Can I use the phrase "Red White & Almost Due"?

For Etsy sales

John Martin Hilla
John Martin Hilla answered on Jul 2, 2019

You are asking for specific legal advice with this question, and it is not likely that anyone will respond with any particularity without a retainer agreement and retainer fee. In responding to this question as phrased, an attorney would be creating an attorney-client relationship and subjecting... Read more »

1 Answer | Asked in Trademark on
Q: DFS - sn:87141288 is trademarked. Am I able to use the letters DFS with the words Duty Free Specials underneath?
John Martin Hilla
John Martin Hilla answered on Jul 2, 2019

You are asking for specific legal advice with this question, and it is not likely that anyone will respond with any particularity without a retainer agreement and retainer fee. In responding to this question as phrased, an attorney would be creating an attorney-client relationship and subjecting... Read more »

1 Answer | Asked in Trademark for Kansas on
Q: What assets have to be surrendered if you have a trademark infringement against you personally in federal court?

If you have LLC'd your company can a federal court take your personal assets?

John Martin Hilla
John Martin Hilla answered on Jul 1, 2019

This is too broad a question to be answered without specific details.

A short and generalized response is that, first, it isn't the "federal court" that would take your assets but your judgment creditor and only by way of execution of their judgment via a replevin action...
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