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Oregon Trademark Questions & Answers
1 Answer | Asked in Trademark, Internet Law and Intellectual Property for Oregon on
Q: Used trademarked item in ad without permission; ramifications?

I used a trademarked item in a Facebook advertisement without permission for three days. I did not sell the item, but the advertisement included a photo of it, which I later found out was trademarked. After this use, I received a phone call from the trademark owner asking me to cease and desist.... View More

James L. Arrasmith
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answered on May 14, 2025

It's understandable to feel anxious after being contacted about trademark use, but you're not alone—this happens to many people who are unaware of trademark laws. Using a trademarked item in an advertisement without permission can lead to a claim of trademark infringement, especially if... View More

3 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Can I trademark a unique name for my software already used by retailers?

I developed a point of sale software that is currently being used by several retailers. I have a unique name for the software that I want to trademark, and I've verified that the name is not being used anywhere. I own the software code. Can I trademark the name, and if so, what is the process... View More

Jim Boness
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answered on Apr 16, 2025

When you ask the question of whether you can trademark your mark, their are two basic criteria that must be met. The first is that enforceable trademark rights are limited to bona fide uses that reflect commercial use. This means that you must be using, or intend to use your proposed mark in... View More

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2 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Are outfits trademarked?

I recently created a sewing pattern for an outfit that fits a certain doll. The outfit is inspired by a Barbie outfit by Mattel. Someone reached out to me, warning that the outfit could be trademarked and I could be sued by Mattel. Is this true?

Dominique Young
Dominique Young
answered on Feb 13, 2025

Very rarely are clothing designs registered for a trademark or copyright. If the dress image is associated with the business, then it may be registered as a trademark for that business. Trademark registrations are available for images, characters, sound bites, and even certain Pantone colors that... View More

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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Oregon on
Q: What are the copyright laws for building interiors (specifically in France)?

I'd like to create a video game set in the Palais Garnier in Paris, but I'm unsure of the copyright laws surrounding such buildings. I've concluded that the exterior of the building, as it is in a public space and was built in the late 1800s, is free use. However, I'd like to... View More

James L. Arrasmith
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answered on Dec 29, 2024

When creating a video game set in the Palais Garnier, you’ll need to consider both architectural and artistic rights. The building itself, having been constructed in the late 1800s, is likely in the public domain, allowing you to recreate the general layout and main auditorium without infringing... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: If I sell a coffee blend called “Goondocks Blend” am I at risk of trademark infringement?
Sean Goodwin
Sean Goodwin
answered on Dec 18, 2024

That's a great question. I highly recommend that you hire a competent trademark attorney to run a clearance search before you launch the brand. That search should take approximately 1-3 hours, depending on how many results need to be reviewed. If you get the green light, you should also... View More

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1 Answer | Asked in Consumer Law, Business Law and Trademark for Oregon on
Q: Can a company sell a product from another company and pretending it's their own, by renaming it & removing all branding?

I bought a product (electric tire pump) through a website. The product was advertised as their own product and all pictures/video had no branding on their product. I received the product through Amazon (with gift receipt) . The issue is that the product was from another company, available at 1/3 of... View More

James L. Arrasmith
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answered on Aug 17, 2024

It is not legal for a company to sell a product as their own if they are merely reselling another company's product under false pretenses. This can be considered deceptive marketing and false advertising, which violates consumer protection laws. If they are misleading you by renaming the... View More

3 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Is "secret sauce" ( "602 - Abandoned-Failure To Respond Or Late Response" ) available to secure? If Yes, how?
Giselle Ayala Mateus
Giselle Ayala Mateus
answered on May 26, 2024

Hypothetically, under U.S. trademark law, if the trademark "secret sauce" has received the status "602 - Abandoned-Failure To Respond Or Late Response," it might be available for another party to secure.

Here's how one might proceed:

1. Check the Trademark...
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2 Answers | Asked in Trademark, Intellectual Property and Copyright for Oregon on
Q: Can I use the name "M.A.S.H" for a short story when "M*A*S*H" is trademarked?
Sean Goodwin
Sean Goodwin
answered on May 15, 2024

The short answer is "most likely, yes."

The M*A*S*H trademark is limited to "a comedy television series."

The writers of that TV series will have a copyright for those TV scripts. So, you may not make a derivative story about any of the characters from that TV...
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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: If i have a phrase that i would like to be protected, what are the legal hurdles that i would go through and the cost?

is it only through the USPTO TESS and copyright.gov web sites? specifically the costs involved what are they and what would be the timeline of start to completed if everything is successful

Alan Harrison
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answered on May 8, 2024

Attorneys will be reluctant to quote our fees in a public forum like this. Different attorneys may think that filing and prosecuting a trademark application is easy and should be cheap, or difficult and should be expensive. The USPTO will charge either $250 or $350 per "class" of goods or... View More

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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: I’m writing a children’s book series with the Adventurers of Benny the Bigfoot and Wally the Whale. How to license

Do I need to get a trademark or register it?

Felicia Altman
Felicia Altman
answered on Dec 4, 2023

When writing a Children's Book the best protection is the copyright protection for the book. Be sure to once the final version of the book is complete to register the work with the Library of Congress. A copyright is not protected in court without being official registered work. The... View More

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2 Answers | Asked in Intellectual Property and Trademark for Oregon on
Q: Could I legally use the name all the smoke as the name of my spice blend. Of course, it wouldn't be the company name
Jim Boness
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answered on Oct 2, 2023

This is not a copyright question, but really belongs in the realm of trademark law. Whether you can use any particular name for a product or business cannot be answered unless and until you do a thorough name clearance search. Yes, they do cost money, but the money spent upfront can be considered... View More

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2 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: How do I trademark my art work so I can share it to my business social media safely
Jim Boness
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answered on Mar 3, 2023

Trademark signifies a source of goods or services. Unless your artwork serves as a logo (which can be trademarked), you would have to demonstrate to the USPTO that the elements of your artwork are distinctive and unique enough (secondary meaning) to qualify as a source of goods. This can be... View More

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2 Answers | Asked in Trademark for Oregon on
Q: if a trademark has been abandoned or canceled can you print clothing with it on without getting in legal trouble

specifially the grateful dead dancing bear graphic

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 28, 2022

If a trademark registration has been cancelled, or if an application to register a trademark has been abandoned, that does not necessarily mean the trademark is no longer in use by its owner.

If the mark is still being used by its owner, but lacks a federal registration, your use for...
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1 Answer | Asked in Trademark for Oregon on
Q: The legality of using a companies logos on a startup's website for the user's information

Hello, I have a question about the legality of using a companies logos on a startup's website for the user's information on a topic of which companies developments we use in our product. For example: "We are working with --> then goes the logos (Google, OpenAI, Epic Games) -->... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 30, 2021

Depends on the use. Most of the time they would have a program to allow people to show their logos.

Consult with an attorney.

1 Answer | Asked in Business Law, Products Liability and Trademark for Oregon on
Q: Is the word “Witcher” by itself trademarked/copyrighted? Can I use the word to name a business?
Marcos Garciaacosta
Marcos Garciaacosta
answered on May 25, 2021

Maybe, it depends

You need to consult with an attorney to review your case and see what risks and options you have

1 Answer | Asked in Copyright and Trademark for Oregon on
Q: It looks like "the sorting hat" is TMed for toys and the like, but that I could use it in a coffee shop name, correct?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 21, 2021

Just because there is no federal US trademark on it does not mean it would be fair game. An analysis would be much deeper. Besides, there are three live marks for "the sorting hat" and one is for a bunch of printed material. If you look at that, let's say you could open a coffee... View More

4 Answers | Asked in Trademark for Oregon on
Q: There's a company called "xtrafun kid products", if I create a company called "extrafun" am I infringing ?

Actually, there's a trademark on "xtrafun kid products". So if I create a company called extrafun, is this bad?

how close does it have to be ? Will people be confused by the spelling differences, and is that sufficient ? Both companies are in the same product space

Kathryn Perales
Kathryn Perales
answered on Dec 21, 2020

Yes, it is very likely that the name you want to use, for the same products, would be considered confusingly similar, and thus unregisterable and infringing on the existing trademark.

Safest for you to choose another name ASAP - from what you say, any money you spend on marketing this...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: Can I trademark Floyd D Duck? I think the trademark has lapsed
William Scott Goldman
William Scott Goldman
answered on Jul 8, 2020

Well, assuming the grace period has already expired and there's no common law use or federal registration(s)/pending application(s) for anything identical or similar in the relevant categories, then you could attempt to register the mark. I'd recommend hiring a trademark attorney to... View More

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1 Answer | Asked in Trademark for Oregon on
Q: If someone is using a name on etsy without a business setup, will that prevent our trademark from being approved?

(US Trademark)

Evelyn Suero
Evelyn Suero
answered on Apr 20, 2020

Generally speaking, a trademark does not have to be used or owned by a formal business in order to be deemed a valid trademark; commercial use by a sole proprietor may be deemed "use in commerce" for trademark purposes. If your question is referring to approval by a federal trademark... View More

1 Answer | Asked in Copyright and Trademark for Oregon on
Q: If I wanted to title a book with "Portlandia" in the name, do I need to get permission? Or is this a commonly used name?

It's being used in reference to the city of Portland. More of just a fancy way of saying Portland.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 29, 2020

Depends on how you are using it. Portlandia is a trademark for several items, see the USPTO's TESS search for details.

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