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Massachusetts Trademark Questions & Answers
1 Answer | Asked in Business Formation and Trademark for Massachusetts on
Q: Do I have to get a license to use the Red Sox B Service Mark in order to use it as a small part of my business name/logo

The Red Sox ‘B’ Service Mark, while used almost exclusively by the Boston Red Sox, is more closely aligned with representing the city of Boston as a whole… my business name utilizes the term BOSSTOWN, and I would like to use the ‘B’ Service Mark for the B in BOSSTOWN. The two businesses... Read more »

Michael Ray Smith
PREMIUM
Michael Ray Smith
answered on Feb 12, 2022

I see that you posted your question not only under Business Formation but also under Trademark. That's good because you need the advice of an intellectual property lawyer, someone who practices trademark law regularly. There are a number of factors to consider. Depending on the answers, the... Read more »

Q: I sell a product that I DIY, meaning the product existed already and was popular and more known in the 80s-90s.

Another company altered the same original product the same way I did and is claiming she’s the original creator of that new design. So she and her friends have been harassing me on both personal and business social medias. A good 2-3 businesses sell the same new version of this product as well.... Read more »

Stephen E. Zweig
Stephen E. Zweig
answered on Feb 1, 2022

I am not sure if this applies to your situation or not. However many products from the 80's and 90's, unless covered by trademarks (such as the product's name or logo) or copyrights (for example, graphics), are now "public domain." In such cases, anyone might be able to... Read more »

1 Answer | Asked in Trademark for Massachusetts on
Q: Hello, I seek to make a trademark and wanted to know the process, requirements, and cost.
Marcos Garciaacosta
Marcos Garciaacosta
answered on Oct 26, 2021

May take six to eight months, cost can vary.

Consult with an attorney.

1 Answer | Asked in Real Estate Law and Trademark for Massachusetts on
Q: Taking signs Down do you have to replace them with blanks after your lease is up
Linda Liang
Linda Liang
answered on Oct 8, 2021

Review your lease agreement. You will know your obligations

2 Answers | Asked in Trademark for Massachusetts on
Q: We have a product we call RhinoTab M1. We have RhinoTab trademarked but is there an issue using M1?

I see a bunch of M1 trademarks but cannot tell if there would be an issue on this specific case.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 16, 2021

Depends on whether somebody else has it registered or how it is used in your mark

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1 Answer | Asked in Copyright, Internet Law and Trademark for Massachusetts on
Q: My dad was an ebay guy in the 90s . I sold.com was mailed to him then. Does he still controll it? Not used in years than

I found a catalogue mailed to my dads house. No postal stamp that I see. He was an EBay guy back in 98 to 02. I never knew of Isold.com. But a catalogue was mailed to his house with that in the name line. Could he still have controll of that name? Could it be sold to pay for his long term... Read more »

Omar Darwich
Omar Darwich
answered on Jul 9, 2021

alot of depends here. I think more facts are going to be needed.

best course of action would be to consult with an attorney

1 Answer | Asked in Trademark for Massachusetts on
Q: Hi I want to use the Trademark Wear the Word its showing dead or abandoned since 2017 can i use this name
Kathryn Perales
Kathryn Perales
answered on Mar 5, 2021

It's possible that you could snap up this trademark. You'll have a better chance if your description of goods or services is different from that of the previous trademark. Also check to see what similar marks are registered, such as "Wear your words," which might prevent you... Read more »

2 Answers | Asked in Copyright and Trademark for Massachusetts on
Q: Hello, I want to trademark Keep it Kind Clothing. Is it available?

There is this filed.

KEEP IT KIND

Filed: September 6, 2019

Clothing, namely, shirts and hats

Serial Number: 88979131

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 28, 2020

No you can't.

Too close and will create confusion.

Consult with an attorney.

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2 Answers | Asked in Intellectual Property, Trademark and Business Law for Massachusetts on
Q: I intend to register a trade mark.

l want to inquire about the possibility of registering a joint name i.e. "PETER and PAUL". I would like the use both names to label my product or would either use PETER or PAUL separately for the same category of product. Is this allow in U.S trademark law.

Evelyn Suero
Evelyn Suero
answered on Aug 5, 2020

Generally speaking, you may use the trademark you choose so long as it complies with trademark law, ie. it is not confusingly similar to another trademark in the same or related class/category or misleading, etc. However if you register a trademark, you should use that trademark with the spelling... Read more »

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2 Answers | Asked in Trademark for Massachusetts on
Q: If I have the same artist name as someone who has trademarked the name, do I have to remove my music from stores?

I released music to Distrokid in March and May under my artist name Jilian Ann. There happens to be another Jillian Ann who has released music in the past who just contacted me claiming she owns the trademark to Jillian Ann and has threatened legal action on me if I don't change my artist... Read more »

Barbara Berschler
Barbara Berschler
answered on Jun 6, 2020

Your situation sounds serious enough that I suggest you consult with counsel as to your options.

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Massachusetts on
Q: Supreme logo copyright/ trademark question

Hello

I want to make t-shirts with the box logo, but without the word "supreme." I am making shirts with simular (looks exactly the same) font with the same red but it says "Winga." Is this illegal? I am also making shirts with other colors.

I tried to contact... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 16, 2020

We need more details so I can give you better guidance.

Check my website www.legalbizglobal.com

480 324 6378

It will depend on how similar the designs are.

If you are just printing supreme on your t-shirts for example, you may have an argument that it is a generic...
Read more »

1 Answer | Asked in Copyright, Probate and Trademark for Massachusetts on
Q: How do I find out about a will from my great grandfather??

He was an inventor and patented at least 2 machines that I no of. How can I did out about patents payments inherited residual or my rights???

Lillian J. LaRosa
Lillian J. LaRosa
answered on Aug 21, 2019

If you are the Court appointed Personal Representative of his estate, then you have authority to

contact the Patent Office or you can engage counsel or a search service. Also, you will be able to

review his tax returns, and financial and all other records.

1 Answer | Asked in Copyright and Trademark for Massachusetts on
Q: Would trademarking be the best route to go in order to protect a brand you've built on social media?

For example you have a page that posts quotes and sells merchandise. Would a trademark protect quotes and merchandise with the brand name on it from being stolen?

Ahaji Kirk Amos
Ahaji Kirk Amos
answered on Mar 29, 2019

Trademarks protect the indicia of the source of goods. So, yes.

2 Answers | Asked in Trademark for Massachusetts on
Q: When trademarking a name/brand are you only able to trademark one version of the name or can other versions be included?

For example Blue Moon is the name of the company but on social media it's Blue.Moon or BlueMoon. Would trademarking Blue Moon protect Blue.Moon or BlueMoon social media pages?

Ahaji Kirk Amos
Ahaji Kirk Amos
answered on Mar 29, 2019

You should only include one trademark per application. The test for infringement of a trademark is the likelihood of confusion. So, if blue moon were registered, it's very likely that the other words/phrases you suggested would also be protected. If you protected blue moon, it protected in... Read more »

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1 Answer | Asked in Trademark for Massachusetts on
Q: If company X has trademarked, day, the name Cooper, can someone call his indie publisher Cooper Books?

I have noted, for example, that the name Melville is a trademark for a construction company, but there is an independent publisher called Melville House Books

John Martin Hilla
John Martin Hilla
answered on Jan 9, 2019

Trademark registration is different than copyright registration in that the purpose is protect consumers' expectations of a product or service's source and quality. It does not protect the registrant's "creative ownership" of a phrase or design, etc.

If...
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1 Answer | Asked in Trademark for Massachusetts on
Q: how do i transfer a trademark I own to another company name

I have a trademark i own ,under a company .I would like to transfer it to another company which I registered.How do I go about this process.

Benton R Patterson III
Benton R Patterson III
answered on Jul 13, 2018

You need to execute and record a trademark assignment. Any trademark attorney should be able to prepare this. I would note, before transferring the trademark, you must account for how the new owner will use the trademark. If not done correctly, the trademark could become abandoned.

1 Answer | Asked in Trademark for Massachusetts on
Q: Would there be infringement if one trademark has the name “flour” and the other “flour galore”?
Benton R Patterson III
Benton R Patterson III
answered on May 8, 2018

An attorney would need to know more facts to answer this question. The type of goods or services each mark is associate with, the overall appearance of the two marks, the content of the registration, which mark was used first, and several other factors are relevant to the question. Before using a... Read more »

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Massachusetts on
Q: Hi, I created unique aphorisms and want print them on clothes. How prevent copying of aphorisms?

Should I patent it as intellectual property? or copyright?

Should I go to lawyer or I can do it by myself online?

Thank you

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Apr 4, 2018

Patents are not the answer as the patent part of the PTO does not care about the text; they care about the function or the ornamental design.

You can chase a trademark (need to specify trademark to get this to a TM lawyer on JUSTIA).

Not a perfect fit as a trademark is intended to...
Read more »

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1 Answer | Asked in Copyright and Trademark for Massachusetts on
Q: We have been using the words Orca Envelopes for years to describe their high strength. we did not attempt to trademark

the name Orca. A week ago a trademark for the words was granted to someone who has not been using those words before. Can my company protest the issuance of such a trademark (words) to that party?

Benton R Patterson III
Benton R Patterson III
answered on Mar 19, 2018

It depends on the context in which you use the word Orca and the context that the trademark applicant plans to use the word in. You may have grounds to cancel the trademark. An attorney would need to review all the facts to determine if you have a case.

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