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Georgia Trademark Questions & Answers
1 Answer | Asked in Trademark for Georgia on
Q: Did trademark name defye Serial Number77481817 expire? What’s Status: 710? Defye to me is deafeye via deaf artwork

Can I use that name freely and within my rights for the purpose of using defye to implement a online deaf artworks platform

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jul 23, 2022

Reg. 3571870 for the mark DEFYE used on apparel was cancelled in 2015 for failure to file a statement of continuing use. That does not necessarily mean the owner ceased using the mark, but even if still is, your use of DEFYE (or the homonym DEAF EYE etc) would not be infringing. You should... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Georgia on
Q: How can POPSOCKETS LLC take down my product listings on marketplaces such as Amazon and Walmart?

Popsockets LLC keeps making claims that my trademark FAB POPS is in violation of there mark POP. This has happened over 150 times since June 27, 2022. My first use of FAB POPS is 6 months before there claimed first use. How can I combat the damage this is causing my business?

Darrin A. Auito
Darrin A. Auito
answered on Jul 11, 2022

One time is frustrating, but 150 times in a matter of weeks? Wow. It looks like you have an earlier first use in commerce date between the trademarks identified in your post. However, Popsockets LLC owns a fairly large portfolio of marks comprising the word "POPS." You should speak to a... Read more »

4 Answers | Asked in Trademark for Georgia on
Q: How can I trademark my new business name?

I’m looking to start a new business but I first want to trademark the name and idea

Sergiy M Sivochek
Sergiy M Sivochek
answered on May 30, 2022

Generally speaking, you can trademark your business name either at a state level (for example, in California, by registering it with the Secretary of State of California) or nationwide, by filing a federal trademark application with the United States Patent and Trademark Office ("USPTO").... Read more »

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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...
Read more »

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 Georgia on
Q: In 2017, I reserved the tradename and I secured the trademark in 2019. I learned it is using being used. What do I do?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 26, 2022

If you have a federal registration for the mark, and it is being used for similar goods or services, you can bring an infringement case in federal court. If the new user of the mark is unaware it is registered, it may be possible for you to stop them and even get them to pay damages by sending... Read more »

1 Answer | Asked in Trademark, Copyright and Intellectual Property for Georgia on
Q: If a word or phrase is trademarked, is each portion/tense also trademarked?

As a very rough example, if the phrase "Tigers" is trademarked by/for Auburn University, I would assume one could not produce apparel in school colors with the phrase "Tigers". However, is the word "Tiger" used in that same way also covered? Or is the first case... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 6, 2022

Trademarks are words, phrases and/or designs that are used to indicate the source of specific goods or services. The objective of trademark registration is to avoid the likelihood of confusion by purchasers as to the source. If a trademark is used and registered in the singular form, the plural is... Read more »

1 Answer | Asked in Copyright and Trademark for Georgia on
Q: Can I buy trademark Serial Number 74443201?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 19, 2021

Maybe.

Depends if it is alive and for sale.

Consult with an attorney.

2 Answers | Asked in Trademark and Copyright for Georgia on
Q: What is the cost for trademarking one class service and one mark. This is for a software company.

What is the cost for trademarking one class service and one mark. This is for a software company.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 1, 2021

You have government costs as well as attorney fees to consider. You should consult with an attorney and get an estimate.

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2 Answers | Asked in Business Law, Contracts and Trademark for Georgia on
Q: Hello, I am interested in acquiring an already existing trademark. How would I go through the process of buying the TM?

I want to purchase the rights to ownership of this trademark:

Serial # "78338468", Registration # "3204956", Status "710 - Cancelled - Section 8".

Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 30, 2021

You need to visit and consult with an attorney.

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2 Answers | Asked in Trademark for Georgia on
Q: Can I use a trademarked word in my brand name? Is the word Redrum trademarked?
Linda Liang
Linda Liang
answered on Oct 19, 2021

It depends on what your profession is. If the use of the trademark of the other could leave average person to be confused about the source of the goods, it could be. Whether it is registered can be found out with the help of an attorney.

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1 Answer | Asked in Foreclosure, Entertainment / Sports, Gaming and Trademark for Georgia on
Q: I would like to get this company together for the first few months and then I’ll get it to up and running in no time

I have a question about how my life would be if I got this company and how much money would be made for my future and family is it sure success in the business or what I do need to know if I going to make my money back in wholesale or whole period

Linda Liang
Linda Liang
answered on Oct 7, 2021

This question is very general. Many issues you need to address to stay out of trouble. The most common matter is your trademark. You should conduct a research and make sure you are not using others' trademark. Preferably, you should register your own trademark. Other matters include... Read more »

1 Answer | Asked in Trademark for Georgia on
Q: How do I trademark my business name?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 3, 2021

You need to invest in a consultation with an attorney to analyze your case and provide options.

1 Answer | Asked in Consumer Law, Business Formation, Business Law and Trademark for Georgia on
Q: I am trying to create a subsidiary brand in Georgia. Where do I do this?

For example Coke makes brands like Sprite and Fanta. Their the same soda brand that have different soda. That’s what I am trying to accomplish. I have an LLC already in Georgia. Do I just make buy another LLC? Is there like a box I fill out out under my already owned LLC?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 3, 2021

You do not need any more LLCs

You need to register the brands to get protection against others who would want to use the same name

You need to consult with an attorney

2 Answers | Asked in Trademark for Georgia on
Q: Permission to use the Mark.

DARPA, CDMA, USCCA, USCIS, RealID, E-Sign

Bill Hulsey
PREMIUM
Bill Hulsey
answered on Jun 6, 2021

Some are functional. Some are brands. Knowing the difference is important and controls your rights.

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1 Answer | Asked in Immigration Law, Civil Rights and Trademark for Georgia on
Q: are you familiar with the words cause and sun as well as cus and son and all similiar regularities concerning a sin
Marcos Garciaacosta
Marcos Garciaacosta
answered on May 19, 2021

No, not familiar

let us know your question on trademarks

1 Answer | Asked in Trademark and Intellectual Property for Georgia on
Q: help

We became unemployed during this pandemic with my mother and started selling t-shirts over etsy.

We buy all svg and designs from digital svg sellers. Unfortunately we have received a nonsense trademark warning 3 times in the last 3 months.

Finally, a design of our "boy mom and... Read more »

Joshua Adam Davis
Joshua Adam Davis
answered on Mar 29, 2021

You should certainly contact an experienced intellectual property attorney for a confidential discussion. There are many facts that affect the analysis, and an experienced attorney will be able to explore all relevant facts before advising you. Such an attorney will want to review the complaining... Read more »

1 Answer | Asked in Trademark for Georgia on
Q: Can we get this trademark?
Nic  Schaefer
Nic Schaefer
answered on Feb 15, 2021

What trademark are you seeking? An attorney will conduct a search for you and determine if the trademark is available.

2 Answers | Asked in Consumer Law, Copyright and Trademark for Georgia on
Q: Does "Ew, David!" infringe on the trademark "EW DAVID" ?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 13, 2021

Yes it does

do not use it

consult with an attorney

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1 Answer | Asked in Trademark for Georgia on
Q: Hi! If I created a personalized rug of a character that is trademark would I be in violation of trademark agreement?

Starting a small business creating personalized rugs and want to avoid trademark fraud.

Benjamin Charles Korray
Benjamin Charles Korray
answered on Jan 17, 2021

Maybe yes, maybe no. It depends on how the trademark is registered and how you use it on your rugs and then if and how you sell it. You should also consider that characters can be protected under copyright (in addition to trademark). Please feel free to email me if you have any questions at... Read more »

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