Ask a Question

Get free answers to your Trademark legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Oregon Trademark Questions & Answers
1 Answer | Asked in Copyright and Trademark for Oregon on
Q: trademark filed '17 has a 602 status. can I apply using same word but different graphic for similar purpose as describd

i don't see evidence of it's current use in commerce. but how to prove?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 27, 2018

You can, as it is abandoned, but that does not mean your registration will be successful.

1 Answer | Asked in Copyright and Trademark for Oregon on
Q: I'm in a guitar build site and the question is one of trademarks.

If I put a logo, say "Fender" on a "look alike" for personal use only, am I breaking the law? I know if I try to sell it as a genuine "Fender" I would be guilty of fraud. But where is the line between personal use and fraud?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 13, 2017

The thing is, my guess is you want it on there so that when people see you play they think it is a Fender. But its not. So, when you say it is for personal use, I am a bit skeptical if that is entirely accurate.

Otherwise, I would venture that even by just putting it on there, there could...
View More

1 Answer | Asked in Trademark for Oregon on
Q: Who gets the trademark when multiple small businesses use the same or a very similar name?

My small bakery business name is not currently registered on USPTO as a bakery, but several bakeries in other states have websites or social media pages with the same or a very similar name. I'd like to register it, but am wondering if I will lose the non-refundable application fees since some... View More

Michael Gerity
Michael Gerity
answered on Aug 31, 2017

When it comes to trademarks, priority matters most. Priority is established by using a mark, in commerce, in conjunction with the offering of particular goods and services. Generally, first to use in commerce gets priority rights to the mark, though there is an exception in that you can file an... View More

1 Answer | Asked in Trademark for Oregon on
Q: Masada

I see here that the name "Masada" is many times registered. I want my own brand for Dead Sea Cosmetics. Can I use the name "Masada" or "Masada Cosmetics" for this.

Regards.

Holger

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 23, 2016

You would need to hire a trademark attorney (or a service) to provide you with an opinion on this. No attorney is going to put in hours of work searching records and the internet to give you an opinion for free.

1 Answer | Asked in Trademark for Oregon on
Q: I am creating marketing for a veterinarian. Offer is : schedule dental, get a bag of Hills food. Need trademark symbol?

Creating an email and a flyer...do the pieces need to have the trademark symbol on them for Hills? I ask because we're not positioning ourselves as Hills, just saying they'll get a free bag from us.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 26, 2016

It would be best to add the circle (r) symbol (assuming that is the registered mark) to it, as to better protect you from any objection by Hills.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.