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Georgia Trademark Questions & Answers
1 Answer | Asked in Copyright, Business Law and Trademark for Georgia on
Q: What's does domestic profit corporation mean?
Ahaji Kirk Amos
Ahaji Kirk Amos
answered on Apr 5, 2019

It means a corporation organized and doing business in the state for profit. A foreign corporation is a company that is organized in another state, but doing business in another state. For example, a corporation organized in Delaware, that is doing business in Georgia, must register as a foreign... View More

2 Answers | Asked in Trademark for Georgia on
Q: I already registered my trademark now what do i need to do and do I need a lawyer?
Ahaji Kirk Amos
Ahaji Kirk Amos
answered on Mar 24, 2019

You are required to police your trademark. This means that you have a legal obligation to stop others from doing anything that would dilute your trademark and stop any confusingly similar uses. Failure to do so could inhibit your ability to enforce your trademark in the future.

I provide...
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1 Answer | Asked in Copyright and Trademark for Georgia on
Q: I want to know if this site is legit. https://www.zpublishinghouse.com/pages/about-us

Hello, my name is Thomas Shipman. I am a writer and have a blog in where I post my poems and stories. I recently was contacted by a recruiter from this website: https://www.zpublishinghouse.com/pages/about-us

In where they asked if I wanted to submit my poems for potential entry into their... View More

Jason Brooks
Jason Brooks
answered on May 31, 2018

The website appears to be legitimate, but to further protect your content, I'd register each one for copyright protection with the US Copyright office here: https://eco.copyright.gov/eService_enu/start.swe?SWECmd=Start&SWEHo=eco.copyright.gov

You don't need to indicate a...
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1 Answer | Asked in Copyright, Gaming, Intellectual Property and Trademark for Georgia on
Q: How would I go about obtaining the copyright to an old abandoned game?

The trademark was abandoned by Microsoft in 2015, and the company that developed the game, Artoon went defunct in 2010.

And further more about how much would it cost to purchase something like that?

Jason Brooks
Jason Brooks
answered on May 14, 2018

Copyright is an asset just like physical possessions. If the company is in fact out of business, their assets went somewhere (and now belong to someone, such as the original owner's heirs, or another entity or individual) following the company's dissolution. Therefore you still must have... View More

2 Answers | Asked in Trademark for Georgia on
Q: My trademark is labeled “dead” how to I make it active again?
Benton R Patterson III
Benton R Patterson III
answered on May 7, 2018

You will likely need to start over with a new application. Although, it may be possible to revive the trademark if it recently expired.

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1 Answer | Asked in Intellectual Property and Trademark for Georgia on
Q: What do I need to do when my trademark is in abandoned status?
Benton R Patterson III
Benton R Patterson III
answered on Feb 20, 2018

An attorney would need to know the circumstances under which it became abandoned and how long ago it became abandoned to determine if it can be revived. Most likely, you will need to start over with a new application and a new filing fee.

1 Answer | Asked in Copyright, Trademark and Consumer Law for Georgia on
Q: I would like to purchase keychains online, and resell them in a store. Is this okay if they have a trademark?

The key chains are all trademarked or copyrighted by companies like Marvel, DC, or other entertainment businesses.

Benton R Patterson III
Benton R Patterson III
answered on Dec 26, 2017

Yes, you are free to resell what you lawfully purchase.

1 Answer | Asked in Intellectual Property and Trademark for Georgia on
Q: ONESIES - Trademark Details Status: 780 - Cancellation Terminated - See Ttab Records what does this mean?
Griffin Klema
Griffin Klema
answered on Sep 21, 2017

It probably means the proceeding to cancel a trademark has come to an end. Whether the trademark has been canceled or remains registered and enforceable is a different issue. If you would like more information about "dead" trademarks (including canceled ones), I have written a blog post... View More

1 Answer | Asked in Trademark for Georgia on
Q: How do i trademark a name of a brand and a logo?
Barbara Berschler
Barbara Berschler
answered on Sep 6, 2017

Depending on where you are in the process of using a trademark, you may have already acquired some rights in it. If you have your "brand" word and/or a logo design, and you are using them "in commerce" within your state, then under the common law, provided you are not... View More

1 Answer | Asked in Business Law and Trademark for Georgia on
Q: There is a company with the same that I want to use, but the services we provide are different. Can I still use mine?

The other company is also in another state.

Will Blackton
Will Blackton
answered on Aug 25, 2017

Can you? Certainly. the Georgia Secretary of State isn't going to search for companies outside of your state when you register your business name.

Should you? That depends on your tolerance for risk of a lawsuit. You would have to consult with an attorney in your state, ideally one...
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1 Answer | Asked in Copyright and Trademark for Georgia on
Q: Can a business use a trademark that is registered by another company for an unrelated product classification?
Benton R Patterson III
Benton R Patterson III
answered on Sep 6, 2017

Generally, it depends on how unrelated the two products are. For a basic word mark, if company A sells lumber, company B should avoid using the same word to sell construction services or furniture because these may be natural extensions of company A, even though the products are different. If... View More

1 Answer | Asked in Trademark for Georgia on
Q: How can I research a trademark?

Per USPTO the trademark for Billionheir is owned by a person in Maryland. USPTO also shows that the trademark is dead/abandoned. I am aware that the name could be protected under the (TM). Is there a way to find out if this name is still being used? and if so where can I find this information?... View More

Benton R Patterson III
Benton R Patterson III
answered on Aug 8, 2017

To fully vet the mark you would need to commission a trademark search. There are a variety of companies that provide this services. Some well know trademark search providers are CompuMark and CSC. You may also search the Maryland state business and trademark records.

1 Answer | Asked in Trademark for Georgia on
Q: If a trademark has been abandoned because no statement of use has been filed (deadline is past), how can it be reclaimed

The filing was originally done in NYC.

Michael Gerity
Michael Gerity
answered on Jul 31, 2017

Was this a state trademark filing or a national one? The renewal document for a NY state trademark is just called an "Application for Renewal," so your use of the title "statement of use" suggests to me that we are talking about a national trademark filed with the US Patent and... View More

1 Answer | Asked in Copyright and Trademark for Georgia on
Q: I have an inquiry about Copyright and or Trademark infringement. Please see details.

A friend of mine is a fight promoter for a local boxing club. There is an admission charged to see the fights, and there are concessions sold. For the moment, the money from ticket and concession sales is only enough to cover his overhead. He was telling me that he was considering setting up an... View More

Benton R Patterson III
Benton R Patterson III
answered on Aug 17, 2017

This comes up all the time for bar owners. Your friend has to purchase a commercial license to show the PPV broadcast. Commercial licenses are more expensive than personal licenses. The prices are typically tied to the size of the venue or the number of people attending. He would need to... View More

1 Answer | Asked in Copyright and Trademark for Georgia on
Q: I'm trying to start a t-shirt business and do not want to commit copyright infringement.

I have modified a collegiate logo, but people will still associate it with the college (that's the point). I just want to figure out whether I will get in trouble or not. I can send a picture of the logo to you if you can help me! Thanks!

Will Blackton
Will Blackton
answered on May 25, 2017

If you are going to sell goods based on the Georgia Bulldogs logo, only the University of Georgia's IP management department will be able to decide if you will get in trouble or not. Modifying a copyrighted image for your own use is copyright infringement. Modifying a logo is also almost... View More

1 Answer | Asked in Trademark for Georgia on
Q: can you trademark the great lakes silhouette?

I was selling a sticker of the great lakes of Michigan silhouette and was informed that i was violating a trademark.

Didn't think that you could trademark the great lakes silhouette.

Griffin Klema
Griffin Klema
answered on May 10, 2017

Maybe. The full answer depends on whether the USPTO considers the mark to be geographically descriptive, or whether that silhouette has been altered in a way that makes it more unique, such as incorporating other graphics, altering the outlines (e.g. stylized edges), incorporating lettering, etc.... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Georgia on
Q: Can I place licensed toys inside of bath bombs for sell If I don't use any identifying marks/logos?
Will Blackton
Will Blackton
answered on May 11, 2017

If you're licensing the toys for that use, of course you can.

1 Answer | Asked in Copyright and Trademark for Georgia on
Q: If I created Itty Bitty Bites and its now abandoned by Earth Fare, can I claim it?

I worked for Earth Fare from 1994-2010. I created the characters and content used by Earth Fare for this program while an employee. When I left, they let the program die. If they have abandoned trademarks, can I now claim the characters and content back for my own?

Griffin Klema
Griffin Klema
answered on May 10, 2017

It probably depends on if you had an employee agreement with the company, or whether you assigned your rights to the company.

Even if the company "mothballed" the program, your status as a former employee could complicate your desire to use the exact same marks (or other...
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1 Answer | Asked in Intellectual Property and Trademark for Georgia on
Q: I own this https://trademarks.justia.com/870/77/traphaven-87077506.html now offer apparel and someone has started sellin

hats.but i sell shirts and was looking into hats to use them for promotion and havent had the chance to ammend my rights.I am also known as "traphaven" on All social media.I have a site selling shirts but now he also has a website selling the hats.I have numerous media with the wordmark... View More

Brian Lehman
Brian Lehman
answered on Feb 25, 2017

You can bring an action for trademark infringement and perhaps other causes of action in federal court. If you would like a referral, you can contact me at the email on my website.

1 Answer | Asked in Contracts, Copyright, Patents (Intellectual Property) and Trademark for Georgia on
Q: How can I remove a former partner's name off of a trademark both of our names are under?

My band was trademark and a former member's name is under the contract as well as the rest of the members. Is there a way to have her name removed?

Donovan A Rodriques
Donovan A Rodriques
answered on Jan 18, 2017

You should speak with an entertainment attorney and provide more information regarding the terms of the "contract" with the band members.

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