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Maryland Trademark Questions & Answers
1 Answer | Asked in Trademark for Maryland on
Q: I would like to register a trademark in the USA for a brand.

How much would that cost & what could be the time span...?

Erik Špila
Erik Špila
answered on Sep 18, 2022

Dear Mrs or Mr,

cost can be from 500$ per application filing for one class of goods or services (with an attorney) and a time of registration can be around 1 year if no objections from office or third parties are raised.

1 Answer | Asked in Trademark for Maryland on
Q: How do I trademark a phrase?

I have a phrase that I would like to trademark. How do I apply for a trademark?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 29, 2022

Many trademark are slogans or simple phrases, used to suggest properties of goods or services. If the proposed phrase is not confusingly similar to a mark already registered, and can be shown to be associated with your goods or services, it can probably be registered. Consult a competent... Read more »

1 Answer | Asked in Trademark for Maryland on
Q: A trademarked name I want to use says that it is status is 606 - abandoned- No statement of use filed Can I use the name

I want to use the name for a sweatshirt Brand I’m thinking of starting and I looked up if the name is trademarked on Justia Trademarks and it says Status: 606 -Abandoned - No statement of use filed. Status date : 2020 -06-15

Jim Boness
Jim Boness PRO label
answered on Dec 5, 2021

The more appropriate place to be checking to see if a trademark might be valid to use would be the USPTO site, not Justia. I would advise doing a cursory search there first. However, this is just a preliminary step and would only pick up obvious instances of your proposed Mark being used. You... Read more »

2 Answers | Asked in Trademark for Maryland on
Q: Can someone, a business trademark my last name as a business name? Just saw my name online as a business name. Yoassi

Here is the article or document that offers details about the trademark. My last name is not common in the US nor around the world, I wonder how they got it and trademarked it.

Linda Liang
Linda Liang
answered on Oct 28, 2021

Are you talking about given name or surname. Under US trademark law, a mark which is “primarily merely a surname” cannot be protected as a trademark without proof that it has “acquired distinctiveness.” A mark is considered to be “primarily merely a surname” if its primary impact or... Read more »

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1 Answer | Asked in Trademark for Maryland on
Q: Can I apply and register for this trademark or do they still have common rights law ?
Omar Darwich
Omar Darwich
answered on Aug 10, 2021

Its going to depend. You did not really provide any details. For example are they still using the mark?

Best bet would be to consult with an attorney

1 Answer | Asked in Trademark for Maryland on
Q: Is "Game Boy" trademarked? Could I use it for the name of a superhero in a novel without legal trouble?

I'm also interested in the trademarked "TurboWash." It's a term for a feature of the LG company's washing machines. Could I use the term "Turbo Wash" [added a space between the words because I hope to use it in the novel that way] for an attack/ability that a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 19, 2021

You should make an appointment with an attorney and contract for a consultation so you understand what you need to do. You should also have a business plan and budget legal support.

3 Answers | Asked in Trademark for Maryland on
Q: If the status code is stating “abandoned” does that mean it’s available for use again?
William Scott Goldman
William Scott Goldman
answered on Jul 23, 2020

Not necessarily as the owner may be still be using it and claiming common law rights or even excusable non-use prior to reapplying. Having a trademark search and legal analysis conducted should provide you with a much better idea though. Feel free to call or email with any further questions.

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1 Answer | Asked in Trademark for Maryland on
Q: How do i renew a trademark registration?
William Scott Goldman
William Scott Goldman
answered on Jul 11, 2020

Well, depending on when the mark was registered, it's either a Sec. 8 affidavit, which people often incorrectly refer to as 'renewals' or the combined Sec. 8/Sec. 9. Filing the initial Sec. 8 occurs between the 5th and 6th anniversary from the date of registration, while the Sec.... Read more »

3 Answers | Asked in Trademark for Maryland on
Q: Skinlights is a trademarked word, can I instead use Skin Lights (with a space) or Radiant Skin Lights?

I’m a independent cosmetic brand and skinlights is trademarked by Revlon.

Bill Hulsey
PREMIUM
Bill Hulsey PRO label
answered on May 15, 2020

It depends on the use of the prior mark. If in a non-related channel of commerce where there is no likelihood of confusion, there could be some options for you.

Bill Hulsey / bill.hulsey@hulseyiplaw.com / 512-478-9190 / www.HulseyIPLaw.com

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2 Answers | Asked in Trademark for Maryland on
Q: If my trademark name that includes a number, do I need to trademark each of “twenty five”, “twenty-five” and 25?
Barbara Berschler
Barbara Berschler
answered on May 1, 2020

What you will register with the USPTO is the actual mark you are using. By way of example, if your mark is "25 Peaches" for sunglasses, then that is what you get. However, if you are intending to have variations of the mark, such as "Twenty-Five Peaches," be part of your... Read more »

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3 Answers | Asked in Trademark for Maryland on
Q: How to legally sell and advertise trademarked items?

I am opening a designer gift wrapping business, where people have their gifts professionally wrapped. I would like to use licensed, real products like Harry Potter gift wrapping etc.

1. Does a store need a special agreement or license to sell trademarked goods?

2. Is it a trademark... Read more »

Bill Hulsey
PREMIUM
Bill Hulsey PRO label
answered on Apr 26, 2020

This series of questions requires substantial counseling and a legal opinion. Great questions, but not the kind of questions whose answers will be posted on the Internet.

Happy to address these in a more formal and reliable setting.

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2 Answers | Asked in Intellectual Property and Trademark for Maryland on
Q: Can I include an already trademarked name of a business in my url?

I am creating an online course about selling on Amazon and my sharing my personal experience and tips to students. I do not sell any physical products that Amazon.com sells. I am only selling a digital product that I created on my own. The digital product is to educate other people how to start... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 10, 2020

That is the fastest way to get a complaint and maybe a proceeding that will take your domain name.

Try something else.

Consult an attorney.

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1 Answer | Asked in Intellectual Property and Trademark for Maryland on
Q: What could I do, if I have proof that I designed Cloud hosting, before AWS was released.

I've been going through my old notebooks from when I was 7 (2007-2008), and there's a full 50 page on my own design and ideas for a cloud hosting service. I have flowcharts, pricing models, and even a market outlook.

Mark Oakley
Mark Oakley
answered on Mar 11, 2020

Lots of people dream up big ideas and never act on them, then someone else comes up with a similar idea on their own and implements it. What can you do about it? Nothing. Ideas can’t be patented, and if you fail to bring an idea to market or fruition as a product or service, you can’t claim the... Read more »

1 Answer | Asked in Trademark for Maryland on
Q: Hello, I see that Howard University is trademarked. Am I able to just use "Howard" or "Bowie" without adding the word U
Rolanzo Richard White
Rolanzo Richard White
answered on Mar 4, 2020

It's going to depend on the actual mark, but "Howard" and "Bowie" themselves are weak marks and will likely not be granted a trademark. "Howard" is a common first and surname and "Bowie" is a location. The USPTO does not grant trademarks to generic or... Read more »

1 Answer | Asked in Trademark for Maryland on
Q: Hello If I’m looking to trademark the term Grind In Silence would I be able to do this for my t shirt company?
John Martin Hilla
John Martin Hilla
answered on Oct 23, 2019

If "Grind in Silence" is the name of company producing the t-shirt products which you wish consumers to associate with that term/name, you can contact a trademark attorney to discuss running a full clearance search prior to filing a an application for trademark application with the US... Read more »

2 Answers | Asked in Trademark and Intellectual Property for Maryland on
Q: Is it legal for me to use “Fruit Loops” as a flavor?

I own a CBD brand and we sell terpene infused vape pen cartridges. One of our flavors is “Fruit Loops”. We own the image on our packaging but I’m curious if the use of the term violates any trademark/patents owned by Kellogg’s. Thanks so much!

Mark Oakley
Mark Oakley
answered on Nov 17, 2018

Almost certainly your use violates their trademark, and the penalties for exploiting their trademark for commercial gain to sell your product are severe (you not only pay all of their attorney's fees, but penalties and forfeiture of all profits earned as a result). Kellogg's will hire... Read more »

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1 Answer | Asked in Trademark for Maryland on
Q: How do I know if I can ignore a cease and desist letter regarding trademark infringement?
Benton R Patterson III
Benton R Patterson III
answered on Jun 29, 2018

Its never a good idea to completely ignore cease and desist letter. At the least, you should consult with an attorney on whether there is any merit to the letter. Doing nothing could make the situation worse by subjecting you to being accused of willfully infringing a trademark, which could... Read more »

1 Answer | Asked in Copyright, Products Liability, Business Formation and Trademark for Maryland on
Q: We are bring sued by a DC firm. We are a nonprofit.

They say they have one common word trademarked! HOW can this be, with that word, which is used by many.

Can we keep our non profit name?

Mark Oakley
Mark Oakley
answered on Apr 19, 2018

Have they actually filed suit (in which case, you are being sued), or did they merely send a threatening letter? I doubt you are in actual legal jeopardy of losing the word, “Heroes”, from you company name or losing a damage suit in court. My guess is that they are trying to scare you into... Read more »

1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Trademark for Maryland on
Q: Question about registering a legal entity in the software industry using a well known trademark.

Hi,

I am a mobile application developer, specializing in app development for Apple’s iOS platform. The trademark “iOS” is owned by Cisco and leased to Apple for their mobile operating system.

With that in mind, can I register an LLC or a DBA using iOS as part of my legal... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq
answered on Feb 14, 2018

In my opinion, your proposed idea is not a prudent one and could very well be a costly one.

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