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New York Trademark Questions & Answers
1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for New York on
Q: Is it legally allowed to sell goods such as clothing items with the phrase "Spidey sense" on them?

Those clothing items do not include anything else that might be related to "spider-man". the clothing items only have the phrase "Spidey sense" and graffiti designs that are free to use on them.

James L. Arrasmith
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answered on Feb 1, 2024

Selling clothing items with the phrase "Spidey sense" on them may potentially raise legal issues related to trademark and copyright. "Spidey sense" is a term associated with the fictional character Spider-Man, a trademarked and copyrighted character owned by Marvel Comics, which... View More

2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Can you tell me if the Long Island Honey Company is trademarked?
James L. Arrasmith
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answered on Dec 7, 2023

To determine if "Long Island Honey Company" is trademarked, you would need to search the United States Patent and Trademark Office (USPTO) database. This can be done through the Trademark Status and Document Retrieval (TSDR) system available on the USPTO website. You can search by the... View More

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3 Answers | Asked in Intellectual Property and Trademark for New York on
Q: Hi Journalist seeks a quick chat with patent attorney today

Seeking quick comment on man trying to TM phrase "From the River to the Sea"

Adam W. Bell
Adam W. Bell
answered on Nov 24, 2023

Two trademark applications were filed on November 8, 2023 and November 17, 2023, both by

River to the Sea LLC LIMITED LIABILITY COMPANY NEW JERSEY 330 Changebridge Road Suite 101 Pine Brook NEW JERSEY 07058...
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2 Answers | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Q: Can I trademark my music groups name, even if it’s trademarked for other companies that aren’t music related?
James L. Arrasmith
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answered on Nov 17, 2023

Yes, you can trademark your music group's name even if it's already trademarked in other, non-music-related industries. Trademarks are generally industry-specific, meaning the same name can be used in different industries without issue, as long as there's no likelihood of consumer... View More

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1 Answer | Asked in Trademark and Intellectual Property for New York on
Q: When filling out the USPTO TEAS form to file a trademark, would the class for a restaurant be 043 ?

I am filling out a USPTO TEAS form on behalf of a restaurant that sells food (restaurant and catering services). Would the class be 43 or would I need to be more specific with a term ID like 043-165 for restaurant and catering services.

Thank you.

James L. Arrasmith
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answered on Nov 13, 2023

When filing a USPTO TEAS form for a trademark in the context of a restaurant that provides both restaurant and catering services, Class 43 is indeed the appropriate classification. This class broadly covers services related to the provision of food and drink, which typically includes restaurants... View More

2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: What if a business has a name similar to yours but is not trademark? Can you trademark the name first?

What if a business has a similar name to yours but isnt trademarked? I want to trademark "ali law associates" however, there are is another business called "ali law group" that is not trademarked (they are also in the same state). since they aren't trademarked first, would... View More

James L. Arrasmith
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answered on Nov 13, 2023

In the scenario where you want to trademark "Ali Law Associates" and there's an existing business named "Ali Law Group" in the same state, the absence of a formal trademark on the latter does not automatically ensure that you can trademark your business name.... View More

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2 Answers | Asked in Cannabis & Marijuana Law, Intellectual Property and Trademark for New York on
Q: can you name a weed strain after military aircraft like the b-2 stealth bomber or are they copyrighted?
T. Augustus Claus
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answered on Sep 18, 2023

Naming a weed strain after a military aircraft like the B-2 Stealth Bomber could potentially raise legal issues, but it's not primarily a copyright concern. Instead, the primary concern would likely be trademark and intellectual property rights.

The name of a military aircraft like the...
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2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Hi, in regards to serial number 78560250, or trademark "home sweet home" can I use the slogan in a diferent font

I am wondering if I can use this slogan of

home sweet home as a slogan for real estate purposes on promotional items, for example a spoon or a corkscrew. Is it ok to do if it is in a diferent font?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 10, 2023

Although the phrase HOME SWEET HOME has been registered as a trademark for air fresheners, it remains a common expression and has not been commercially appropriated for any other purpose. As long as you are not advertising air fresheners, there is no likelihood of confusion. Certainly in the... View More

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2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: What does Status 710-cancelled-section 8 means for a trademark? SOunds like it is cancelled?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 30, 2023

After federal registration of a trademark, the owner must maintain the registration by filing a declaration that the mark is still being used in commerce, paying a fee, and submitting a specimen showing the use; these requirements must be fulfilled between the 5th and 6th anniversary of the... View More

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2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Someone stole the intellectual property of my active business and they trademarked the name before me. Do I have a case?

I started a business with my business partner in 2019. We created a brand, a website, a logo, an email account, and social media accounts. We ran a profitable business until late 2021 (Covid) when we temporarily shut down. In the middle of all this, we created an LLC for this business.... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 23, 2023

The earlier use in commerce of a trademark gives it priority over a later use of the same or similar mark, even if there has been an interruption of use for some period of time. If the later-filed application has not yet been published for opposition (the last step in the registration process), the... View More

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2 Answers | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: Can I use the term "baseball" in the name of a new product i created?
David Aldrich
David Aldrich
answered on Aug 22, 2023

It certain instances, it would depend on what type of product it is. There is nothing inherently wrong with using the term "baseball" in a product name. And if the product relates to baseballs, this is a generic term, so no one can stop you from using this term. However, it is possible... View More

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3 Answers | Asked in Trademark for New York on
Q: Is there a way to re- establish a trademark that I had but let run out at renewal or do I need to start over?

Currently, I checked and the history remains cancelled with no other application.

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 19, 2023

If your trademark was registered and then cancelled because the required renewal paperwork was not timely filed, then you will likely have to file a new application. There is a 2 month grace period after the cancellation notice is sent where you can attempt to revive the registration but after that... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for New York on
Q: I am designing a Champagne flights menu with “The Concorde” and “The Dreamliner.” Is this copyright infringement?
Tim Akpinar
Tim Akpinar
answered on May 16, 2023

Your post may have been overlooked for two weeks because it left out a category that could also be relevant to your concerns - you chose the names of two highly recognized commercial passenger aircraft. You could repost and add "Trademark" to your original two categories. That might give... View More

2 Answers | Asked in Business Law, Intellectual Property and Trademark for New York on
Q: Hi,I want to trademark a business name and the name is available but there are other businesses that use the name.

The name is available but other businesses use the same name even though it is not trademarked. Should I still go ahead and trademark it?

Daniel Michael Luisi
Daniel Michael Luisi
answered on May 1, 2023

Trademark rights are created by use in commerce, not registration. Registration merely provides much stronger remedies for enforcement. You to need to clear your proposed mark through a common law search and a Lanham Act trademark-ability legal analysis unless you want to open yourself up to a... View More

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3 Answers | Asked in Business Law, Intellectual Property, Trademark and Copyright for New York on
Q: Can I use any sauropod image for my educational small business or non profit if Sinclair has a similar dinosaur image?
Daniel Michael Luisi
Daniel Michael Luisi
answered on Apr 5, 2023

You need to conduct a copyright search to determine whether you are potentially infringing on Sinclair’s IP. You should also run a trademark knockout search to see whether your dinosaur is a registered or common law brand, or resembles one closely enough to create a “likelihood of confusion”... View More

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5 Answers | Asked in Trademark and Intellectual Property for New York on
Q: I am working on launching my skincare brand but when it came time to trademark the name I realize that another company

That also sells skincare trademarked my brand name within their slogan. It is three words and the only difference in them is the words "of" & "and" ..would I be able to trademark my brand name?

Daniel Michael Luisi
Daniel Michael Luisi
answered on Mar 28, 2023

If you can show your brand was the first in the market for your products and related categories, you may be able to file a petition to cancel the other company’s trademark with USPTO, because federal trademark law grants legal ownership to the first to use the brand in commerce, not the first to... View More

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2 Answers | Asked in Trademark for New York on
Q: Can I utilize a trademark that is 7 years old that is inactive
Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 24, 2023

Maybe. You must consult with an attorney. The original owner may have rights to the brand.

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4 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Hello, i would like to trademark the word Love& loyalty. Is that possible ?

I would like to Trademark the words love & loyalty I already have been using these on merchandise but I want to secure it.

James L. Arrasmith
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answered on Mar 15, 2023

Whether you can trademark the words "Love & Loyalty" will depend on a few factors, such as whether the words are distinctive and not already in use for similar goods or services. Here are some steps you can take to determine whether you can trademark the phrase:

Conduct a...
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3 Answers | Asked in Copyright, Entertainment / Sports, Trademark and Intellectual Property for New York on
Q: A colleague (musician-turned-lawyer) and I have written a musical piece together.

A colleague (musician-turned-lawyer) and I have written a musical piece together. Can he himself represent the music legally and handle the copyright registration? He would also have to be the legal third-party regarding the publishing company. It seems to me this would all present a conflict of... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Mar 10, 2023

If you and him are business partners, one may thing that their interests are aligned. However, it may not be the case for ever. It is a good practice to have independent counsel. Thereafter, you can make an informed decision as to who should be in charge of the legal aspects of the registration of... View More

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2 Answers | Asked in Intellectual Property, Internet Law and Trademark for New York on
Q: I have a question regarding cybersquatting/domain name sales

Hi We have a bundle of domains that are similar to a large corporation/org although the domain names are not trademarked (but are similar/in the same "family" to those that are) They had inquired about purchasing them -they do not like the price and are now suggesting its cybersquatting... View More

Steve Charles Vondran
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answered on Feb 6, 2023

The legality of selling domain names that are the trademarks of other companies is a complex issue and one that has been the subject of much legal debate. In order to understand the law on this matter, it is necessary to look at both trademark law and domain name law.

Trademark law...
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