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Ohio Trademark Questions & Answers
1 Answer | Asked in Entertainment / Sports, Intellectual Property and Trademark for Ohio on
Q: Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors?

Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors? We would not use their images and the letting on our jersey design would be different.

Joseph Jaap
Joseph Jaap
answered on Sep 30, 2022

The only way to find out if it is "alright," is to contact the trademark owner and obtain permission. Without prior permission, there is a risk that the trademark owner could sue for trademark infringement.

1 Answer | Asked in Trademark for Ohio on
Q: What is hanging from the s in the Smith & Wesson trademark?
Matthew Williams
Matthew Williams
answered on Sep 26, 2022

Not really a legal question. But it looks like a bit of decoration based on the hammer part of a pistol.

1 Answer | Asked in Trademark for Ohio on
Q: The cease and dissist letter stated, since we are using the word Eden in our name they want us to abandon our trademark.

The cease and dissist letter stated, since we are using the word Eden in our name they want us to abandon our trademark, or they will take legal action. As I have stated, we Trademarked the name back to Edens herbs shop and theirs is Edens food. Is this legal?

Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 31, 2022

Unfortunately, it is not possible to provide a meaningful answer to this question without having much more information. Generally speaking, goods/services do not have to be the same for a trademark infringement to occur so if that herbs shop sells edible herbs, that may be a problem. But the... Read more »

1 Answer | Asked in Trademark for Ohio on
Q: Is this an updated version of the trademark details for "Elf Bar"?

"Elf Bar" Trademark. Is this updated? Is this trademark currently taken?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 12, 2022

There is no existing registration for ELF BAR, in any class of goods or services.

There is a pending application to register ELFBAR (and design) for electronic cigarettes and related goods, based on use since Feb 2022; and another pending application to register ELFBAR BC5000 also for...
Read more »

2 Answers | Asked in Copyright and Trademark for Ohio on
Q: This may be a complex question, but I am trying to figure out the right way to ask.

This may be a complex question, but I am trying to figure out the right way to ask.

Lets say I legally research & purchase a dead trademark and/or copyright today. Pretend it is an old obsolete cereal & the purchased logo & word is (Dazzlecorn).

Now I want the domain... Read more »

Joseph Jaap
Joseph Jaap
answered on Jan 21, 2022

A trademark registration might have expired or been cancelled, but the owner might still have valid rights in the mark unless the owner has "abandoned" the mark. If another person begins using it, the owner can claim infringement. Whether the mark was abandoned would be determined by... Read more »

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2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: If a trademark is abandoned due to failure to respond/late response, can a new owner refile and use this?
Robert Kost
PREMIUM
Robert Kost
answered on Nov 16, 2021

If the previous owner is not still using the mark (a mark does not have to be federally registered to stop your registration), or if the trademark was not abandoned due to opposition by a 3rd party (who may turn around and oppose your use), or if no one is currently trying to register the mark (the... Read more »

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2 Answers | Asked in Trademark for Ohio on
Q: I have small business and make rhinestone and glitter tumblers.If I use Starbucks cups but don’t alter the trademark

Can I get in trouble for selling them.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 1, 2021

Very possible.

Reselling a product with another person's brand for commercial purposes can be infringing.

Consult with an attorney.

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1 Answer | Asked in Trademark for Ohio on
Q: Are you able to make and sell your own Mad Libs book now that the trademark has passed into common use?
Joseph Jaap
Joseph Jaap
answered on Mar 23, 2021

Trademarks do not pass into "common use" unless the owner has stopped using the trademark and abandoned it with no intent to resume. A trademark registration is not required to have rights in a trademark, and even if a registration expires, the trademark owner retains rights in the mark... Read more »

3 Answers | Asked in Trademark for Ohio on
Q: How can I determine if an old trademark is available for use without permission from the previous trademark holder?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 30, 2020

You should consult with an attorney for a search and assesment of your risks.

In most cases your brand is the only asset your business has.

Protect it.

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1 Answer | Asked in Copyright and Trademark for Ohio on
Q: I would like to trademark some words.

Edited details. Didn't know it was shown on public forum.

Allison Higgins
Allison Higgins
answered on Dec 22, 2020

You can reach out to a trademark lawyer on this site or search for one on another site. I would be more than happy to give you a quote for trademark registration services.

3 Answers | Asked in Copyright and Trademark for Ohio on
Q: Can i take an abandoned trademarj
Timothy John Billick
Timothy John Billick
answered on Oct 5, 2020

Not necessarily. A trademark that is shown as being abandoned on the Trademark Office's website can still theoretically be used by the owner. Consult a trademark attorney to do a proper trademark search and give you an opinion on moving forward.

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2 Answers | Asked in Trademark for Ohio on
Q: I am creating and designing a new special interest flag .

What can I do to protect my work from others trying to reduplicate it without my permission ?

Evelyn Suero
Evelyn Suero
answered on Aug 2, 2020

Copyright protects original works of authorship. In cases of original works, copyright registration would provide notice to others that your work is protected by copyright and that you are the copyright owner.

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3 Answers | Asked in Trademark for Ohio on
Q: Does a trademarked name have to be spelled exactly or does it cover all versions of the word?

If I trademarked a word like Spider-Man (Which is trademarked to Marvel, just using it as an example), will that also trademark the name Spiderman, Spider Man, or any other variation of. Thanks!

John B. Hudak
John B. Hudak
answered on Jul 15, 2020

Trademark infringement is based on – at least partially because there is more than one factor -- the similarity of the marks – where the marks do not need to be exactly the same to be considered similar. This can be sound alike or look alike – and other elements of similarity.

This...
Read more »

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2 Answers | Asked in Trademark for Ohio on
Q: So, if a trademark is listed as abandoned, how do you find out if the owner is still using it or if someone else has

begun using it in the same class? Is there a period of time after which a trademark is listed as abandoned or dead that it is ok to beging using it?

John B. Hudak
John B. Hudak
answered on Jun 28, 2020

Generally, trademark rights are based on use. Using a mark gives common law rights to the user of a trademark. Registering a trademark with the federal government will give extra rights in addition to the common law rights. Therefore, even if a trademark does not have an active registration,... Read more »

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1 Answer | Asked in Trademark for Ohio on
Q: Good Morning, how long does a trademark have to listed as dead or abandoned for it to be safe using it?
Evelyn Suero
Evelyn Suero
answered on Jun 27, 2020

Just because a trademark registration has a status of abandoned, does not mean that the trademark owner stopped using the mark or that someone else has not started using the mark in the same or related class.

3 Answers | Asked in Copyright and Trademark for Ohio on
Q: How do I go about patenting my last name (Blunt)and if I do should I retain a attorney
Joseph Jaap
Joseph Jaap
answered on Jun 25, 2020

Names are not patentable or copyrightable. In most cases, not trademarkable either. Use the Find a Lawyer tab to consult a local intellectual property attorney to review with you.

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2 Answers | Asked in Copyright and Trademark for Ohio on
Q: Is it copyright infringement if the logo itself is not altered or modified?

If i go to Starbucks and purchase a reusable cup, am I legally allowed to go home, personalize it with a name or decoration and resell it? I’ve read several things, such as the “first sale doctrine”, and that leads me to believe that this is legal as long as I am not reproducing the logo or... Read more »

Barbara Berschler
Barbara Berschler
answered on Jun 6, 2020

When you buy the cup, you own the cup, but you do not own the copyright rights associated with the logo. Your additions could be considered as creating a derivative work without the copyright owner's permission. Also, you would be infringing upon the trademark, and, since Starbucks mark is... Read more »

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1 Answer | Asked in Consumer Law, Copyright, Products Liability and Trademark for Ohio on
Q: Hello, If I wanted to get a pair of standard dumbbells manufactured with my brand name/logo. is that possible?

E commerce seller with business. Wants to sell dumbbells. does not want to be in trouble with patent law. Your help would be appreciated.

Thank you,

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 19, 2020

Yes.

Unless there are other details beyond what you have posted, you should be able to buy from anybody a standard product and put your trademark there.

You need to file for a trademark of course.

always consult with an attorney.

Marcos

www.legalbizglobal.com

480 324 6378

1 Answer | Asked in Trademark for Ohio on
Q: Hello Ortho Napa XX is trademarked. Would that eliminate Hello Ortho by itself?Or with Napoleon after it. Logo differs
Bharath Konda
Bharath Konda
answered on Oct 22, 2019

Proper comprehensive trademark search based on your international class of goods or services along with analysis of likelihood of confusion need to be done. It is not possible to give concrete yes/no answer over this forum with out complete information. Search need to happen, before i can say... Read more »

1 Answer | Asked in Trademark for Ohio on
Q: We would like to use the words, "We Will Rock You", on our band's show shirt for our Killer Queen Show. Is it allowed?
Joseph Jaap
Joseph Jaap
answered on Aug 16, 2019

Nobody but the owner can tell you it is "allowed." If you do it without the owner's permission, the owner can sue you for trademark or copyright infringement if it finds out about it. The court would then decide if what you did infringed, based on all the facts.

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