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Questions Answered by John Martin Hilla
1 Answer | Asked in Trademark for Georgia on
Q: Hello I need to REFILE my trademark BODIED help
John Martin Hilla
John Martin Hilla answered on Apr 26, 2022

It is not quite clear whether you are seeking to re-file a rejected trademark registration application or file a renewal of an existing registration, but, either way, you should seek the advice of a US trademark lawyer for your best options.

A trademark attorney will discuss your options...
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2 Answers | Asked in Gaming and Trademark on
Q: I am about to start a new tabletop rpg game. Do I need to register a company or trademark it is enough?
John Martin Hilla
John Martin Hilla answered on Apr 17, 2022

Hello from a longtime tabletop rpg player! I've had the pleasure of knowing and gaming with some of the leading names in gaming going back to the early 80s. This is one of my favorite topics, and the answer to your question is—both.

A company is registered through the filing of your...
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1 Answer | Asked in Copyright and Trademark for Wyoming on
Q: Hey, if i wanted to write a book titled A Hero's Journey would I be able to do it or is it trademark infringement?
John Martin Hilla
John Martin Hilla answered on Apr 7, 2022

Book titles cannot be registered as Federal trademarks unless they are attached to a series of books or editions. Titles also cannot be copyrighted.

Here, you are proposing, however, to write a book with a title that shared with an extremely famous book: The Hero's Journey by Joseph...
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1 Answer | Asked in Copyright and Trademark for Georgia on
Q: The name that I'm changing my business to someone has that name on Instagram however they sell on Etsy

I was going to register as an LLC and trademark because it's not found in Ga can I do that?

John Martin Hilla
John Martin Hilla answered on Mar 30, 2022

It's important to remember that the registration of an LLC or other business entity name with your state naming authority is a totally different process than Federal trademark registration with the US Patent and Trademark Office (USPTO).

A name may be "free" within the state...
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1 Answer | Asked in Trademark for Texas on
Q: I closed trademark January8, 2019 I never used it. Can it be reopened or do I need to register a new
John Martin Hilla
John Martin Hilla answered on Mar 22, 2022

There are options to revive an abandoned mark, but it is likely at this point that you would need to file a new trademark registration application if you now intend to use it in relation to the sale of a product or service in interstate commerce.

Contact a trademark lawyer to discuss your...
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2 Answers | Asked in Trademark for California on
Q: hi there i would like to trademark a name.. how would i go about doing this?

i would like to use a name and trademark it. not sure what is the procedure or how i would go about this.

John Martin Hilla
John Martin Hilla answered on Mar 22, 2022

The name of a business or product can be registered as a trademark with the US Patent and Trademark Office to the extent that it is used in relation to the sale of a product or service in interstate commerce. That is, across state lines.

Further, the name must be sufficiently unique to...
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1 Answer | Asked in Copyright, Collections and Trademark on
Q: How can I protect my NFT Project Artwork and Name?
John Martin Hilla
John Martin Hilla answered on Mar 17, 2022

You would protect your artwork with a US Copyright registration. Your work is copyrighted "automatically" the moment your artwork is affixed in "tangible" form. A copyright registration records your ownership and gives you the right to sue for copyright infringement and to make... Read more »

2 Answers | Asked in Trademark on
Q: is "MAGIC BROOM" still has the trademark?
John Martin Hilla
John Martin Hilla answered on Feb 25, 2022

In order to determine whether a particular trademark is available for registration, you should consult a trademark lawyer in a private consultation.

An experienced trademark attorney will, once retained, perform a professional pre-filing trademark clearance search, reviewing not only the...
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1 Answer | Asked in Trademark for Michigan on
Q: Can I trademark our Dance group name?
John Martin Hilla
John Martin Hilla answered on Feb 8, 2022

It is certainly possible to register a dance group's name, or any other performance name, as a trademark. The question will be the extent to which the mark is used in interstate commerce and in relation to what service or product.

A trademark lawyer will be able to discuss these...
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2 Answers | Asked in Copyright and Trademark for Colorado on
Q: Need to know if I am allowed to us an alias name for a musical artist career.

The name I will be using is “Digitone”. Needing to make sure this doesn’t compete with trademarks under the name that are already in use. As I will not be making products that compete with these said companies that currently hold the trademarked name which seem to be around 5+ companies.

John Martin Hilla
John Martin Hilla answered on Jan 12, 2022

You certainly can use an alias or stage-name for your musical career. That name can also be registered as a trademark under the right circumstances.

I am a former professional musician-turned-trademark lawyer, and I specialize in assisting musical artists across the country with trademark...
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1 Answer | Asked in Copyright and Trademark for California on
Q: Can I take a picture of a wrestling belt & use it as a template to create my own picture & use it on a shirt to sell?

I purchased a replica wrestling belt, and I was wanting to take a high resolution picture, upload it to my PC, and digitally through an art program to make an altered and custom version of the belt, and use that new image on a shirt to sell. I was wondering if that was something I can get in... Read more »

John Martin Hilla
John Martin Hilla answered on Jan 9, 2022

It is possible that you would be infringing on the trademark of the issuer of the belt (World Wrestling Federation, etc.). it is also possible that you would be infringing on the copyright of the designer of the original belt.

It is best to consult with an intellectual property attorney to...
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2 Answers | Asked in Trademark for California on
Q: Is the name "Minute-Man" trademarked.

I want to know if this name is fully trademarked by any companies. I want to use it as a superhero name but I'm not sure. And if there are any loopholes that can get me out of any problems, that would be appreciated.

John Martin Hilla
John Martin Hilla answered on Jan 9, 2022

To properly determine whether a mark is free to use, you should contact a trademark lawyer to run a professional clearance search for you. A proper clearance search will review not only the registered marks on the USPTO database but also usages of the proposed mark that have not yet registered.... Read more »

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3 Answers | Asked in Trademark on
Q: dear Sir/madam We are a new business and are looking to apply for a trademark

We require a trademark. and want to know we will not be breaking any laws before we start manufacturing. We are at the very early stages of our business. We want some advice on what we can do and not do if our product is very similar to others.

what are the procedures and what will it... Read more »

John Martin Hilla
John Martin Hilla answered on Dec 30, 2021

I agree with the prior response. Every individual trademark attorney will have his or her own process for assisting clients with trademark registration and related matters, as well as individual service fees. The filing fees are as described in the prior response.

Keep in mind that,...
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2 Answers | Asked in Trademark on
Q: I need help registering my trademark. How do I get legal assistance ?
John Martin Hilla
John Martin Hilla answered on Dec 28, 2021

There are many attorneys across the US who would be happy to assist you. I am one of them.

Trademark law is a Federal practice, and, therefore, you do not need to necessarily work with a lawyer geographically nearby.

I represent clients across the US for trademark registration....
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3 Answers | Asked in Trademark on
Q: I would like some help to register a trademark

We are a research company providing a news feed website and we want to register the name of the website as a trademark, we are based in Germany and Portugal

John Martin Hilla
John Martin Hilla answered on Oct 26, 2021

I would be happy to speak to you. Please feel free to complete the Contact form on the website linked from my profile.

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1 Answer | Asked in Trademark for Michigan on
Q: If your product has a trademark, and it does not fall within the ballpark of their goods/services listed. Is it still ok

For example making a Boy Mom Vinyl Decal

John Martin Hilla
John Martin Hilla answered on Jan 12, 2021

Your question is not clear. Are you asking whether your product is infringing upon another party's trademark registration if it is the same type of product?

Or are you asking whether your own registered trademark is being infringed upon by someone else's product or service?

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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