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Tennessee Trademark Questions & Answers
2 Answers | Asked in Trademark and Intellectual Property for Tennessee on
Q: I have registered one domain by name WATSONX.NET for financial services industry! IBM objects. No trade mark. Help me.

No any trademarks registered in this name. But IBM objects. Please help me to draft a mail to them. Most urgent . Thank you so much. Regards Sankar S.K.

Fritz-Howard Raymond Clapp
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answered on Sep 27, 2023

There are several federal trademark registrations of marks including WATSON, which is a surname. IBM does not have an exclusive right to the word, and does not have a registration in the category for financial services, so you should be able to register WATSONX.

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: What if the Status602 - Abandoned-Failure To Respond Or Late Response in a trademark was not mine can I obtain it?

What steps do I need to take?

James L. Arrasmith
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answered on Sep 11, 2023

Absolutely, if a trademark application has reached a status of "602 - Abandoned-Failure to Respond or Late Response," it means that the previous applicant has lost their rights to that trademark due to their failure to respond to a USPTO office action within the allotted time frame.... View More

2 Answers | Asked in Trademark and Intellectual Property for Tennessee on
Q: How can I claim a Status602 - Abandoned-Failure To Respond Or Late Response in a trademark
T. Augustus Claus
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answered on Sep 5, 2023

Claiming a "Status 602 - Abandoned-Failure To Respond Or Late Response" in a trademark application or registration involves several crucial steps. First, you should access your USPTO account and review the current status of your trademark. It's essential to carefully examine any... View More

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1 Answer | Asked in Trademark and Intellectual Property for Tennessee on
Q: I want to use a phrase that is to be trademarked on merchandise that I am selling what do I need to do?

The phrase is "Keep America Gay". It is owned by Keep America Gay Corporation but I am unable to find this entity anywhere nor can I find a point of contact.

James L. Arrasmith
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answered on Mar 15, 2023

If you want to use a phrase that is already trademarked by someone else, such as "Keep America Gay", you will need to obtain permission from the trademark owner. Here are some steps you can take:

Conduct a trademark search: Before using a trademark that belongs to someone else,...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: I am looking to create my own line of word puzzle books/app. To what extent can I use names and other IP?

Can I use team names from the NHL? Or a list of movies in the MARVEL Cinematic Universe? A list of books written by Stephen King? I want to expand my hobby to the creative side, but don't want to open myself up to a copyright or trademark lawsuit.

James L. Arrasmith
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answered on Feb 25, 2023

Using names and other intellectual property (IP) in your own work without permission or a license may infringe on the rights of the owners of that IP, potentially leading to legal issues such as copyright or trademark infringement.

Using team names from the NHL, a list of movies in the...
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1 Answer | Asked in Copyright, Business Law, Intellectual Property and Trademark for Tennessee on
Q: Could I use black label as a company name or no?

I am establishing a small business and coming up with a company name is confusing to say the least. We will be a soap and skincare company.

James L. Arrasmith
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answered on Feb 25, 2023

It's difficult to give a definitive answer without knowing more details about your business and the products you plan to sell, but in general, using "Black Label" as a company name may be problematic because it's a common term that is used by many companies in various... View More

2 Answers | Asked in Intellectual Property and Trademark for Tennessee on
Q: Please explain the following?

I am looking to trademark the name Bitsy Boop. I found THIS on your website: BITSY BOOP - Trademark Details

Status: 710 - Cancelled - Section 8

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2023

BITSY BOOP, with a design of a little girl, was registered by the Hearst corporation in 1998 for tee shirts, and one half of Hearst's interest was assigned to Fleischer Studios in 1999. The joint owners failed to maintain the registration with a required statement of continuing use in 2005,... View More

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1 Answer | Asked in Trademark for Tennessee on
Q: If an application has been made for a name to be trademarked, can that name be used until the trademark is issued?

How long does it typically take for a trademark to be issued?

Fritz-Howard Raymond Clapp
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answered on Jan 27, 2023

Federal trademark registration is not necessary for use of the trademark, and the mark may continue to be used by its owner pending its registration. Until the registration has been issued, however, its owner does not have the ability to sue in federal court for its infringement.

Current...
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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Tennessee on
Q: Does claim 20030136149 (publication number) mean that I can't personally make morse code bracelets and sell them?

I am planning on making them and selling them in the Gatlinburg and Pigeon Forge area of TN. We would get a small business license, and pick our own messages. But I'm wondering if I legally can't, based on this patent. And if this patent doesn't stop me, are there other patents that... View More

Carl Massey Jr
Carl Massey Jr
answered on Sep 16, 2022

This is not a patent. It is a published patent application that was abandoned a long time ago. If you need a patent search to see if any other patents out there would present a problem, you're gonna have to engage a patent professional. But this patent application would not be a problem.

1 Answer | Asked in Trademark for Tennessee on
Q: I am a country musician planning a show named He-Haw. Is it too similar to Hee-Haw and in danger of trademark infringeme
Fritz-Howard Raymond Clapp
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answered on Apr 26, 2022

HEE HAW was registered as a mark for entertainment services in 1992 and has been renewed. Your proposed mark would be considered infringing if used for similar services, and the minor difference in spelling is of no significance.

1 Answer | Asked in Business Formation, Business Law and Trademark for Tennessee on
Q: How do I get licensed to sell tumblers and products that say tennessee or vols in my small business
Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 20, 2022

Try this web site:

https://clc.com/

1 Answer | Asked in Business Formation, Copyright and Trademark for Tennessee on
Q: Can I use business name "Bath and Body Goods" or "Bath & Body Goods" without being sued by "Bath & Body Works"?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 12, 2021

Very likely you will get sued. Don't do it.

1 Answer | Asked in Trademark for Tennessee on
Q: How do I get my business name trademarked and how long does this process take? What are the fees?
Robert Kost
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Robert Kost
answered on Nov 29, 2021

You may be able to obtain a federal trademark for your business name in connection with the goods or services you offer. To do so, you will file an application with the United States Patent & Trademark Office, describing the mark and the class(es) of goods and services the mark will relate to.... View More

1 Answer | Asked in Trademark for Tennessee on
Q: How can I prevent my business name being stolen without it being trademarked?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 29, 2021

You need to be watchful whether registered or not.

Use gives you some rights, but you are the one who has to enforce them.

3 Answers | Asked in Trademark for Tennessee on
Q: Can I trademark the phrase ‘the smoky mountains are calling’?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 17, 2021

Yes you can, maybe

Consult with an attorney

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1 Answer | Asked in Trademark for Tennessee on
Q: Can I purchase this trademark, being that it is abandoned? If so, how would I do so?

I am intending on making this trademark into a record label: Phup Duc Productions

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 9, 2021

You need to consult with an attorney to file an application for the trademark

1 Answer | Asked in Trademark for Tennessee on
Q: Can I get the rights to the name Branco?

I need the trademark to the name Branco.

Linda Liang
Linda Liang
answered on May 6, 2021

A mark that is primarily merely a surname is not registrable. Branco is a surname. If it has no other distinctive meaning other than being a surname, the application to register it as trademark will be denied.

1 Answer | Asked in Intellectual Property and Trademark for Tennessee on
Q: How can I get T.R.A.P. Fitness LLC trademarked when there's already a live entry for a Trap Fitness for Pretty Girls?

My brother started T.R.A.P. Fitness LLC in Memphis, TN in 2019 for both male and female clients. Here is his website: trapfitnessmemphis.com.

Trap Fitness for Pretty Girls was registered in 2020 (Serial Number 88312626) (Registration Number 5953349) in Lancaster, TX.

The entry did... View More

Benjamin Charles Korray
Benjamin Charles Korray
answered on Jan 15, 2021

It depends. You may be able to file under either name (the short name or the long name) but you would need to perform a clearance search to see exactly how everything was filed and then make a determination based on that. With trademark clearances, we would look at names that are the same but also... View More

1 Answer | Asked in Trademark for Tennessee on
Q: Can I use the name Let Love Rule Plus for my education platform?

I know Lenny Kravitz has the name Let Love Rule trademarked. I wasn't sure if I could use Let Love Rule Plus without and conflict.

Timothy John Billick
Timothy John Billick
answered on Jan 1, 2021

If someone has the exact mark trademarked you run a high risk of infringement. But it’s possible you could have good counter arguments depending on a number factors. For example, knowing how LK uses this mark in commerce would be highly determinative.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: Naming my company that has similar spelling than one that has been trademarked or copyrighted.

If i make a company that has a similar but different spelling in the name than one that is currently copyrighted or trademarked, could i possibly be sued? I have no affiliation with said company nor do i sell or copy anything of said company, just two similar names. There is a trademark for the... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 23, 2020

Yes you can be sued.

It will depend on the similarity or difference of the products and whether somebody can be confused as the origin of the products or services.

Consult with an attorney

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