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Questions Answered by John Martin Hilla

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 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. The other... Read more »

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 going to...
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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 of the... Read more »

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 California business...
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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 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 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 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 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 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 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 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 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 under applicable...
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1 Answer | Asked in Copyright and Trademark on

Q: Can the name Bowie’s be used as a shops name? Or has the trademark above made this impossible

John Martin Hilla answered on Jun 24, 2019

I don't know what "trademark above" you're referring to, but, rather than asking here, consult with a knowledgeable trademark registration attorney who will undertake a thorough search of the Federal registry, state registries, existing domain names, and other indicators that a name or mark is in... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Georgia on

Q: If the trademark is abandoned does that mean someone could still use the name

John Martin Hilla answered on Jun 24, 2019

Abandonment of a trademark or a trademark application does not necessarily mean that the name is not in use in commerce. It simply means that that particular application or registration has been abandoned.

Before proceeding to attempt to register the same trademark, you should consult with...
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1 Answer | Asked in Trademark for Pennsylvania on

Q: Hello, When trademarking a hair extension business what class and classification would it fall under?

My business sells human hair weft extensions, fusion hair, human hair wigs, eyelashes, bonnets, and edge control.

John Martin Hilla answered on Jun 24, 2019

You should consult with a knowledgeable trademark registration attorney who can properly prepare your trademark application for you and maximize your odds of a successful registration with the USPTO.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on

Q: Thanks for the opportunity to ask a quick question. I take note that Cannei has a trademark on the game SET. If I only

incorporated their play mechanics but none of their artwork, would that be allowed under trademark, copyright and patent law? Thanks.

John Martin Hilla answered on Jun 24, 2019

This is a patent question. From the trademark standpoint, the mechanics of a game, or software coding, etc., is not a subject-matter of trademark law or with which trademark registration with the US Patent and Trademark Office is concerned. Trademark protection is extended to the word mark (name,... Read more »

1 Answer | Asked in Trademark for California on

Q: Can I trademark or use the word “Screendosist”, even tho the word “dosist” Is already trademarked?

“Screendosist” would be used for a potencial YouTube Channel and merchandise.

John Martin Hilla answered on Jun 17, 2019

When considering an application for trademark registration, it is important to remember that the purpose of a trademark is to protect consumers' right to know what they are buying and from whom not to provide a creative ownership interest for registrants. If there is consumer confusion, the USPTO... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Washington on

Q: Can a Trademark be similar to another without penalty,i.e. "Happy Place" vs. "Your Happy Place" for example?

John Martin Hilla answered on Jun 17, 2019

It is important to remember that the purpose of a trademark is to protect consumers' right to know what they are buying and from whom not to provide a creative ownership interest for registrants. If there is consumer confusion, the USPTO will file an Office Action in response to the application.... Read more »

1 Answer | Asked in Trademark for Texas on

Q: Can I trademark the slogan, "Bleed Verde" if there is already a slogan trademarked "Bleed Green"?

John Martin Hilla answered on Jun 17, 2019

It is likely, depending on the difference in the products or services for which that tag-line may be registered, that you will receive opposition to an application for registration with the USPTO.

When considering an application for trademark registration, the USPTO considers the English...
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3 Answers | Asked in Bankruptcy on

Q: Do I need a bankruptcy lawyer?

John Martin Hilla answered on Feb 13, 2019

If you're wondering about this, the answer is that you should speak with a bankruptcy attorney. Most offer free initial consultations, and it won't cost you anything but an hour or two of your time to get good information about whether you should file a bankruptcy or not.

Filing a...
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2 Answers | Asked in Bankruptcy and Tax Law for Missouri on

Q: If one spouse filed chapter 13 is there a way for the other to keep their tax return if filing jointly?

Would I just file normally? Or would I have to file an innocent or injured spouse form?

Most of the deductions comes from the spouse not in bankruptcy.

John Martin Hilla answered on Feb 1, 2019

This is a question that may be a matter of local practice. You'll want to consult a bankruptcy attorney in your geographic area.

Where I practice, in Detroit, a non-filing spouse filing a tax return jointly with a filing Chapter 13 debtor will be allowed to retain their 50% of the joint...
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