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Ohio Trademark Questions & Answers
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...
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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,... View 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... View 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... View 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... View 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.

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Ohio on
Q: Do I need permission to organize an event with a "where's Waldo" theme? Does this infringe on the current copyrights?
Joseph Jaap
Joseph Jaap
answered on Jul 16, 2019

If you use images of Waldo and other recognizable features of the books, then yes, it would infringe the copyright. Getting permission might be difficult to track down the owner. The book publisher might have the rights, or the author might have retained them. Use the Find a Lawyer tab to retain... View More

1 Answer | Asked in Trademark for Ohio on
Q: Can I claim a trademark that contains a word that is ALREADY trademarked? Doctor Tasty's Mega Bites vs "Megabites"

I own a food truck business called "Doctor Tasty's Mega Bites" and we are considering franchising.

When I did a mark search, I noticed Churches Chicken trademarked "Megabites" for a chicken nugget they released in late 2017.

Is it likely our mark would be... View More

Ahaji Kirk Amos
Ahaji Kirk Amos
answered on May 17, 2019

It will definitely be rejected. A patent attorney could very likely overcome that rejection, however. Feel free to set up a consultation with me.

https://calendly.com/ahajiamospllc/15min

1 Answer | Asked in Trademark for Ohio on
Q: Am I able to use the word Thieves by Young Living in a different mark drawing font for my own business of cleaners?
Ahaji Kirk Amos
Ahaji Kirk Amos
answered on Apr 22, 2019

I don't have enough information to help you. You may want to have a consultation with an attorney.

2 Answers | Asked in Copyright and Trademark for Ohio on
Q: In marketing, can we mention that our products were previously sold under a trademarked brand name?

Our products were sold exclusively by a large fortune 500 company under a trademarked brand name. They have recently stopped selling our products in lieu of creating their own line. I'd like to know if, in our marketing, we can say, [our product name] has been sold by [their company name]... View More

Joseph Jaap
Joseph Jaap
answered on Apr 22, 2019

Use the Find a Lawyer tab to retain a local intellectual property attorney to review all the facts of the situation and advise you if the large company might take any action against you if you do that.

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1 Answer | Asked in Trademark and Intellectual Property for Ohio on
Q: Is the term "Food Revolution" trademarked?
Joseph Jaap
Joseph Jaap
answered on Apr 18, 2019

A trademark can be registered with the US Patent and Trademark Office, with any of the states, or with foreign countries. You can easily check the databases of any of those to find out if it has been registered. But there is no requirement to register a trademark. Many famous trademarks have not... View More

1 Answer | Asked in Trademark for Ohio on
Q: How does this case look for the defendant James

He is not a good guy

Matthew Williams
Matthew Williams
answered on Apr 18, 2019

There’s nowhere near enough information in this question for anyone to answer it intelligently.

1 Answer | Asked in Trademark for Ohio on
Q: I have a question about a trademark. Serial # 88187684.

There is a winged lion wearing a crown and holding a sword. Are those aspects of the design trademarked if they are used outside of a shield design and the words "CINCINNATI" and "FC" are not used?

Joseph Jaap
Joseph Jaap
answered on Feb 22, 2019

A court would have to decide which elements of a trademark are significant, and if the overall impression of the other design infringes the trademark. If the trademark owner believes that design creates a likelihood of confusion with its trademark, or if the infringer's design is trying to... View More

1 Answer | Asked in Trademark for Ohio on
Q: Can I renew trademark 87016911

I was putting my resources into a home at the time of abandonment, and am currently ready to launch my business

Joseph Jaap
Joseph Jaap
answered on Jun 21, 2018

If the application has been deemed abandoned, then you will have to file a new application with the USPTO to start the process over again.

1 Answer | Asked in Trademark for Ohio on
Q: I am Laiston Jerels. Is there a way to renew this Trademark?

At the time of abandonment, I was investing my resources into a home. Now I would like to get back to the process of getting this business in gear

Joseph Jaap
Joseph Jaap
answered on Jun 21, 2018

If the application has been abandoned, then you will have to file a new application with the USPTO to start the process over again.

2 Answers | Asked in Copyright and Trademark for Ohio on
Q: how do I know if an image/logo is trademarked?

i work at a bar, and created an image of ohio using the logos of the breweries in ohio. i want to be allowed to sell the image on shirts but dont know how to go about doing so. i do not know how to find if images are copyrighted or trademarked and therefore am unsure about my next step. any help is... View More

Jason Brooks
Jason Brooks
answered on Jun 6, 2018

The only way is to conduct an image search via the USPTO's database of registered trademarks. Images are a bit tougher to research than word marks, because there's a bit of subjective interpretation in the description of the designs and their potential similarity to other registered... View More

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1 Answer | Asked in Copyright and Trademark for Ohio on
Q: I want to sell a gift with this engraving “Davis-Besse Nuclear Power Station”. Do I need permission from the company?

A friend suggested I find out before marketing and selling the gifts to current and former workers at the power plant. Also, I am a current employee of the company that owns the nuclear plant.

John Espinosa
John Espinosa
answered on May 27, 2018

Yes, you need to get permission.

1 Answer | Asked in Trademark for Ohio on
Q: Can I submit my trademark just as a name for now for use in the future?

I plan to use this trademark for my business. I plan to change the look of my mark soon but I just want to trademark it right now

Benton R Patterson III
Benton R Patterson III
answered on May 29, 2018

It is possible, but generally not recommended. If you claim only the words, and not the look of the mark, the registration will not apply to the look. Also, in order to obtain and maintain a trademark, you have to use it. There may be limited circumstances where you would want to do this. You... View More

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