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North Carolina Trademark Questions & Answers
2 Answers | Asked in Trademark for North Carolina on
Q: do I need to trademark a saying to use on shirts? It doesn't come up in the trademark search so I assume it is available
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 28, 2024

Use of text or a phrase displayed on apparel does not function as a trademark, but is considered merely "decorative use" and is not registrable. A trademark should be an indicator of the source of goods or services, as a brand.

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1 Answer | Asked in Trademark and Intellectual Property for North Carolina on
Q: We are starting an online business and plan to make clothing with it. We are curious what we need to trademark

We are starting an online business called Highly Legal Herbs. We have filed a trademark for multiple clothing items with this name. Do we have to file a trademark for anything else on the business name to protect it?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

Starting an online business and deciding on what to trademark involves strategic planning to protect your brand effectively. When you file a trademark for clothing items under the name "Highly Legal Herbs," you're taking a significant step in protecting your brand within the clothing... View More

1 Answer | Asked in Copyright, Business Formation, Business Law and Trademark for North Carolina on
Q: I set up a blog about medicine and supplements. And I want to know if the name will get me in trouble. Doham.org

The name I selected is Department of health and medicine. In the about us section of the website, I have a disclaimer, saying that we are not a government organization. I am not making money from this website yet, but I plan to in the future. The LLC name is completely different so I will be DBA... View More

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 15, 2023

Based on the information you provided, there is certainly a possibility that you could run into issues with that name. The best way to avoid receiving a cease and desist letter is to perform a comprehensive clearance search of the name before putting it in use. A proper search will reveal any... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for North Carolina on
Q: If "I Am Unique!" is trademarked, can I use "i am UNIQUE"?

I am looking to add the phrase to clothing and promo items such as mugs, wall art, etc. Also, pay attention to how I utilize the lower case of "i am" and uppercase of "UNIQUE" as well. Not sure that matters.

Would this be permissible, or enfringe on the trademark?

N'kia (NLN)
N'kia (NLN)
answered on May 17, 2023

It would depend in part on what each seller is selling. The purpose of a trademark is to help consumers distinguish between sellers, so that consumers know the specific "source" of the products/services they're buying. Using a phrase that someone else is already using to sell... View More

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2 Answers | Asked in Trademark and Intellectual Property for North Carolina on
Q: If someone has a tagline trademarked, can it be used by another business?
N'kia (NLN)
N'kia (NLN)
answered on Mar 23, 2023

It depends. Two people may be able to use the same trademark to each sell a different product or service, if doing so wouldn't confuse consumers. [EX: Delta Air Lines and Delta Faucet] However, unless and until a knowledgeable attorney assesses the likelihood of confusion (or lack thereof), it... View More

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1 Answer | Asked in Trademark and Intellectual Property for North Carolina on
Q: what does it mean under status710-canceled?does this mean name is now avail??under trade mark listing
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 30, 2023

Trademark registrations are cancelled in most instances due to the failure of its owner to file with the USPTO a statement of continuing use. These maintenance filings are due in the fifth year after registration and in the ninth year to renew for another ten year term.

Just because a...
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1 Answer | Asked in Trademark, Copyright and Intellectual Property for North Carolina on
Q: can artwork or typography be done with the word trademark on reduce reuse and recycle.
Benjamin Charles Korray
Benjamin Charles Korray
answered on Oct 27, 2022

Artwork and typography are usually protected by copyright law. And brands (company names and logos) are protected through trademark law. The answer to your question should start with figuring out who owns the rights to the image or trademark that you want to use.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for North Carolina on
Q: Can I create a new product using a patented logo?
Erik Špila
Erik Špila
answered on Oct 16, 2022

I can only guess, based on information provided, that you mean trademarked logo and not patented logo. If this is the case, no you can not use trademark of someone else to create your own product. It could be copyright or trademark infringement. However for more complete answer you should seek a... View More

1 Answer | Asked in Trademark for North Carolina on
Q: Should I trademark or patent my clothing line? What’s the difference?

Do I need to have an LLC of the line before trademarking the line’s phrase or saying?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 20, 2022

A trademark is an insignia, phrase, word, or symbol that is used to denote specific goods or services and legally differentiates it from all other goods or services of its kind.

A patent is an exclusive right granted for an invention, which is a product or a process that provides, in...
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2 Answers | Asked in Trademark for North Carolina on
Q: Is this domain name similar enough to an existing domain name trademark to be considered infringement?

Details removed based on feedback.

Robert Kost
PREMIUM
Robert Kost
answered on Dec 16, 2021

Here are two reasons it is in your interest that this question not be answered in this forum:

1. You really don't want to analyze and deliberate in public, let alone convey your concerns and intent where a potential plaintiff might see them.

2. The question is not only a...
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2 Answers | Asked in Trademark for North Carolina on
Q: Can I trademark my brand name and logo with USPTO

Starting a business to sell hemp-derived CBD products. All products .3% or under. We would also sell non-hemp CBD products. We are not looking to trademark any specific item, just the name of the company and logo which will appear on all items.

Ali Makoui
PREMIUM
Ali Makoui
answered on Nov 1, 2021

There are several pitfalls in registering trademarks for CBD products. One factor is the type of products and services for which you want to register your mark. The 0.3% disclaimer usually overcomes the objections for smoking products. There are additional rules for edible and topical products.... View More

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2 Answers | Asked in Trademark for North Carolina on
Q: How do I get a trademark for the word, Godufacturered.

I invented this word back in 2005 as part of my non profit, Da Jesus Factory and outreach ministry slogan. Where P.E.A.C.E. IS Godufactured 24/7. I recently discovered that someone attempted to get a trademark for it but it appears it failed. Is it possible for me to obtain a trademark for it now.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 10, 2021

Depends

You need to consult with an attorney to review your chances

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1 Answer | Asked in Trademark for North Carolina on
Q: Hello, I have a design for a small business I would like to see if it stays within the guidelines of this trademark?
Omar Darwich
Omar Darwich
answered on Jun 7, 2021

I think I know what you're asking, but not entirely sure.

If you have a design for your small business and would like to know how it fairs in regards to trademarking feel free to reach out to an attorney for a consult.

1 Answer | Asked in Copyright and Trademark for North Carolina on
Q: I have a design I would like to know if it passes the guidelines not to infringe on this trademark.
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 7, 2021

Consult with an attorney so she can do proper searches and give you a risk assesment.

1 Answer | Asked in Copyright and Trademark for North Carolina on
Q: Can I use the phrase "I Spy" in a book title?

I see hundreds of books from various authors with that title on Amazon.

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 31, 2021

No

Consult with an attorney to understand your options and risks

3 Answers | Asked in Trademark for North Carolina on
Q: I need to file or refile for my trademark it seems to be in the abandonment stage what do I do?

I also cannot pull up or enter my application information

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Jan 4, 2021

Depending on whether it is an application or registration, different petitions to revive might be an option, particularly if the abandonment was related in some way to the COVID-19 pandemic.

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1 Answer | Asked in Trademark for North Carolina on
Q: Udhaiyam trademark is suspended . Can we freshly apply for a new name like Pudiya udhaiyam or indiya udhaiyam

Pudiya means new in foreign language and indiya means India

Timothy John Billick
Timothy John Billick
answered on Oct 4, 2020

You should consult a trademark attorney to see if the mark is in fact "suspended," and if so, for what reason(s) is the mark suspended. There can be a number of reasons why this could be the case, some would enable you to refile for the same mark, and others not so much.

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3 Answers | Asked in Copyright and Trademark for North Carolina on
Q: Is "Financing The American Dream" Trademarked or Copyrighted by anyone? My company is interested in using it as a taglin
Joanne Belasco
Joanne Belasco
answered on Aug 6, 2020

It sounds like you want to use it with your brand. If that is the case, then it would be a trademark. It's best to hire a trademark attorney to do a comprehensive search. While that slogan may not be trademarked, there may be one that is so close to it that it causes confusion in the... View More

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2 Answers | Asked in Trademark for North Carolina on
Q: i see a trademark of a name i want to use has been abandoned how do get the trademark for this name
William Scott Goldman
William Scott Goldman
answered on Jun 26, 2020

Well, assuming the grace period has already expired and there's no common law use or federal registrations/pending applications for anything identical or similar then you could attempt to register the mark. I'd recommend hiring a trademark attorney to search both the USPTO records and... View More

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1 Answer | Asked in Copyright and Trademark for North Carolina on
Q: Can someone use a trademarked word in part or in a different way. For example, Mordor is a fictional place in

Lord of the rings series. Could I create a business with the name Mordor Entertainement? Or part of a name that is tradmarked? Thorin Oakenshield is trademarked, could I use Oakenshield Entertainment?

John B. Hudak
John B. Hudak
answered on Jun 17, 2020

One can commit trademark infringement if there is use of a mark where: (a) the mark is the same as -- or similar to -- another mark; and (b) that use will cause likelihood of confusion to a potential consumer, that both marks are indicating a common source of the goods/services.

This answer...
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