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Iowa Trademark Questions & Answers
0 Answers | Asked in Copyright and Trademark for Iowa on
Q: How common is a phrase like "average _______" in the context of a brand clarification?

For example, a brand has various products. The brand on their website or in other marketing, maybe on the products, has a clarifying moniker like, "products for the average _____," whatever that average person/thing/entity is. If my clarifier mentions apparel vs gear, am I still... Read more »

0 Answers | Asked in Trademark for Iowa on
Q: I want to TM Springwater* Wealth, there is an existing small bus. with a similar name -- is that a common-law conflict?

The existing small business is named Springwater* Financial Group (*Springwater is not the actual word) and is NOT trademarked. They are nearly the same services as my firm, insurance, fin planning, retirement etc. They are a Georgia Inc. entity, registered 2002. Is this a common-law conflict?... Read more »

1 Answer | Asked in Trademark for Iowa on
Q: Does the descriptor in a name trademark matter in regards to confusion or conflict? Within the same TM class.

I would like to use Boundless* Wealth (Boundless is not the actual word*) in class 36 financial, insurance, wealth mgmt. There is 1 other trademark for nearly the same services: Boundless* Financial Group, 5 states away from us, no exclusivity claim to Financial & Group. Is this a conflict?... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Apr 22, 2022

For federal trademark registrations, the existence of a registration for a very similar mark used for similar services will result in a refusal from the USPTO, regardless of whether the prior registrant and the applicant are in different states.

As you note, the portion of the mark that is...
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1 Answer | Asked in Trademark for Iowa on
Q: A question regarding trademarks. I looked at Aveda and it says their registration is cancelled. Can you explain that?

Creating a logo and want to ensure I dont infringe on Aveda. The logo I have, my client wants one of the letters to have a connector line as a circle to create the full letter

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Feb 17, 2022

There are over 20 live registrations for the text mark AVEDA, some with design elements. If you have found a registration that has been cancelled, that does not necessarily mean that the mark is no longer in use by its owner.

You should consult a qualified trademark attorney to perform a...
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2 Answers | Asked in Copyright and Trademark for Iowa on
Q: I am interested in using words, short phrases or sentences from lyrics or movie quotes to make signs, tshirts, etc

Is this legal for retail?

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 13, 2021


You need to consult with an attorney to understand your risks.

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2 Answers | Asked in Trademark for Iowa on
Q: Is Red Dead Rocket trademarked

I started a YouTube channel and chose this as a name. Is it okay to use?

Linda Liang
Linda Liang answered on Jul 24, 2021

You need to hire an attorney to conduct a thorough research to be sure.

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1 Answer | Asked in Products Liability and Trademark for Iowa on
Q: if I Pirate a song and later buy another digital copy of said song would the pirated version still get me in trouble?
Steve Charles Vondran
Steve Charles Vondran answered on Oct 6, 2020

This is general legal information only and not legal advice. In general, once you pirate a movie, song, photograph, or other creative content, without a proper license, that becomes copyright infringement. You can be liable for that and copyright penalties can be stiff. Buying a licensed version... Read more »

1 Answer | Asked in Trademark for Iowa on
Q: If a person has abandoned a Trademark because of no statement of use filed? Can someone use that Trademark?
Evelyn Suero
Evelyn Suero answered on Aug 26, 2020

A status of abandonment does not necessarily mean that a trademark is available for use. The owner or some other person may still be using the trademark and have common law rights against infringement. However, it may also depend on whether the new trademark will be used in the same or a related... Read more »

1 Answer | Asked in Copyright, Communications Law and Trademark for Iowa on
Q: I have an idea for how to reboot a show. How much of the original can I use in my rewrite?

I want to pitch it to the copywrite owner. I want to use character names, places, descriptions etc.

Barbara Berschler
Barbara Berschler answered on May 18, 2020

You are going to need to have permission from the copyright owner to make your derivative work. You may want to work through an attorney who could act as intermediary between you and the copyright owner to pitch your concept. The attorney would be in a good position to figure out with you the... Read more »

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 »

3 Answers | Asked in Business Law, Civil Litigation, Intellectual Property and Trademark for Iowa on
Q: Who owner the ampersand mark? Please refer to all information in registered trademark 86905207, from the USPTO website.

I asked for the ownership of this mark from its creation. Please validate.

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Mar 21, 2019

I don't understand the question.

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2 Answers | Asked in Intellectual Property and Trademark for Iowa on
Q: If a trademark saying was active but has now been abandoned, can I step in and take over with a similar trademark?

Trademark taken by another person/company: Live by the seed of your plants

Our trademark: We live by the seeds of our plants

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Nov 3, 2018

If the trademark was registered with the U.S. Trademark Office, but the status of the registration is listed as abandoned, that does not necessarily mean that the trademark is no longer in use in commerce and abandoned within that context. It may still be in use in commerce and protected under... Read more »

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2 Answers | Asked in Trademark for Iowa on
Q: Can I pick up an abandoned trademark?

The person that filed for the trademark of our team is no longer in charge of the team and I want to update it

Benton R Patterson III
Benton R Patterson III answered on Apr 17, 2018

Trademark rights are acquired by using the mark. The fact that a trademark registration or application is abandoned does not mean that it is open for anyone to take. If the owner of the mark you are interested in no longer uses it, and you begin using it, you may be able to register the mark. An... Read more »

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1 Answer | Asked in Trademark for Iowa on
Q: If a slogan is trademarked by a maker of protein bars (their packaging), can that slogan be used for t-shirt design?

The term "own the day" is a trademarked by a maker of protein bars. Does that make the "own the day" slogan off limits for t-shirt designs/collections?

Benton R Patterson III
Benton R Patterson III answered on Nov 13, 2017

Possibly so. An attorney would need to review the two trademarks to give a confident answer. The design, the description of goods and services, the t-shirt design, and how you plan to to sell the t-shirt could impact whether or not the trademark may be registered.

1 Answer | Asked in Trademark for Iowa on
Q: If BUBBLEWRAP (Reg. Nr. 3442458) is an accepted trademark, what about the words Bubble Wrap or Bubble Wrapping?

My Etsy Listing was set to inactive by Etsy because of trademark infringement from Sealed Air Corporation. As far as I can understand (I have no idea about this stuff) the trademark is for BUBBLEWRAP (=one word). What would be an appropriate wording I can use??

Michael Gerity
Michael Gerity answered on Aug 1, 2017

Hello. The difference between two words, or changing the verb tense, or other small changes makes no difference in the trademark context. The only relevant question is whether or not there is a reasonable likelihood of confusion in the relevant consumer. It's pretty safe to say that the... Read more »

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