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Massachusetts Trademark Questions & Answers
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... View 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... View 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... View 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... View 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...
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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... View 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... View 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...
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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.

1 Answer | Asked in Trademark for Massachusetts on
Q: If a Trademark is in 602-Abandoned status, can I apply for it?

602 Abandoned - Failure to respond

Michael Gerity
Michael Gerity
answered on Dec 19, 2017

Hello. I've answered a very similar question on here before. First off, the primary issue with regard to using any trademark is as to HOW you use it. If somebody has a trademark that they use in conjunction with their sales of baked goods, and somebody else wants to use the same or similar... View More

2 Answers | Asked in Copyright, Business Law and Trademark for Massachusetts on
Q: What qualifies as trademark infringement? If a company produces a product that looks similar to another's, is that okay?

I recently purchased many portable speakers from a vendor in China. The company produces many authentic speakers (iLepo), but they also wholesale "fake" JBL speakers on a international wholesale store.

The speakers look pretty similar, but they intentionally took off the logo on... View More

Jonathan R. Roth
Jonathan R. Roth
answered on Aug 2, 2017

if you use the stickers you are infringing on another company's trademark. The speakers may also violate someone's patent but you can assume not for the moment. if you want to sell them then use the name of mfg or create your own brand.

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1 Answer | Asked in Patents (Intellectual Property) and Trademark for Massachusetts on
Q: I'm using "Wicked Awesome Stepmom" and received notice that "Wicked Awesome" is trademarked. Can I challenge this?
Ali Shahrestani,
Ali Shahrestani,
answered on Jun 29, 2017

Both sound like a trademark that might be challenged for lack of uniqueness as they are common colloquialisms. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... View More

1 Answer | Asked in Trademark for Massachusetts on
Q: What are my chances of registering Only Natural Dogs OR Only Natural For Dogs? Does either one have a chance & which one

Both names would be for a dog supplement brand

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 30, 2017

Do an IP search to see if there are any competing trademarks. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More

1 Answer | Asked in Trademark for Massachusetts on
Q: I am creating a brand that is a spinoff but distinct from something trademarked. I want to make sure it's legal

I have a blog and own a domain name for FoodNetworkFandom.com. I know that "Food Network" is trademarked but I do not use copyrighted material to sell but have created a custom logo for my domain which I want to produce merchandise for along with creating more of my own content for sale.

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 9, 2017

That sounds risky, as it may cause confusion among reasonable consumers. You may face legal consequences. Why not try something more creative? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read... View More

1 Answer | Asked in Trademark for Massachusetts on
Q: A Trademark Question I Need A Little Help With... Thanks!

We are looking to do a certification for nutritional supplements, with the name "Perfectly Paleo". If a supplement meets certain key requirements, we will certify it "Perfectly Paleo". A check of TESS shows that there is a trademark for "Perfectly Paleo" and it is... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 6, 2017

See: https://www.uspto.gov/page/about-trademark-infringement

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media...
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