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Texas Trademark Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Texas on
Q: Is it legal to use screenshots from software I've purchased, in training course material I create and sell - screenshots

only, not the software itself - without compensation to or permission of software seller?

Kevin E. Flynn
Kevin E. Flynn answered on May 3, 2022

There is not a patent question here. This is a question of your end user agreement and possibly copyright law.

0 Answers | Asked in Trademark for Texas on
Q: Is the name Thundercats trademarked? For example, we want to name our soccer team the Texas Thunderkats…. (not logo)

We won’t make it look like the Warner Brothers Logo

1 Answer | Asked in Copyright and Trademark for Texas on
Q: Can I legally use the name Soul Snatcher for fishing lures and tackle?

This will include soft and hard baits, fishing rods, fishing accessories, and apparel.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Apr 30, 2022

There is a live registration for SOULSNATCHAS (phonetic equivalent) in the category for apparel, another for SOUL SNATCHER in the category for adult sexual stimulation aids, and a pending application for SOUL SNATCHER in an apparel-related category, so those would preclude new registrations in... Read more »

1 Answer | Asked in Trademark for Texas on
Q: I closed trademark January8, 2019 I never used it. Can it be reopened or do I need to register a new
John Martin Hilla
John Martin Hilla answered on Mar 22, 2022

There are options to revive an abandoned mark, but it is likely at this point that you would need to file a new trademark registration application if you now intend to use it in relation to the sale of a product or service in interstate commerce.

Contact a trademark lawyer to discuss your...
Read more »

1 Answer | Asked in Trademark for Texas on
Q: I want to move my trademark to a anonymous trademark. Will people be able to see my old personal information?

Will trademark history be publicly visible?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 24, 2022

You need to consult with an attorney to map out your best strategy!

1 Answer | Asked in Trademark for Texas on
Q: how to re aquire my trademark . it status is abandoned. als0 no statement of use
Thomas James
Thomas James answered on Nov 3, 2021

If abandonment was due to unintentional delay in filing a statement of use or responding to an office action, you may file a petition to revive the abandoned application. If it was due to USPTO error, you can file a petition for reinstatement. In either case, the petition must be received in the... Read more »

2 Answers | Asked in Trademark for Texas on
Q: If this trademark is abandoned, how can I get it for my wellness comany
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 25, 2021

You need to consult with an attorney.

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1 Answer | Asked in Trademark for Texas on
Q: hi I'm wanting to know if there's a way I could talk to the trademark owners of the word ''Trainwreck'' if possible?

I'm wanting to use the word in a book I'm writing, and I would like there permission

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 3, 2021

You need to invest in a consultation with an attorney to analyze your case and provide options.

We can identify the owners and reach out to them.

2 Answers | Asked in Trademark for Texas on
Q: I am filing a trademark, I have a coming soon page, but I am unsure if I should file as Section 1a or 1b.

I have a coming soon page on my site, but I am unsure if I should file as Section 1a or 1b, because I don't know if 1a only applies to someone who is using the class specified directed to their business already.

London Davenport
London Davenport answered on Aug 25, 2021

Section 1a can only be used if a trademark is currently used in commerce. Section 1b is for marks that are not currently in use in commerce, but will be in use in commerce at a later date. Section 1b has some additional fees. You should consult with an attorney to find out which application you... Read more »

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5 Answers | Asked in Trademark for Texas on
Q: How can I trademark my podcast name?
Bill Hulsey
Bill Hulsey answered on Jul 7, 2021

Yes, just as with any service mark. As long as it is not confusingly similar to another's podcast or similar product/service name.

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2 Answers | Asked in Trademark and Gaming for Texas on
Q: I have a username that is called AnoyingOrang, and I want to know if I’m able to trademark that username, if so, how?

I want to be able to keep this username for a very long time and don’t want any problems with other company’s or the YouTube Annoying Orange. Need help in understanding trademarking. I have a gaming account with the username AnoyingOrang and would like to move further with that account name.... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 23, 2021

You need to consult with an attorney, so she can do a search and an analysis of the strenght of the mark.

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1 Answer | Asked in Copyright and Trademark for Texas on
Q: How do I go about using an item that is licensed for my small business printing? Please advise.
Marcos Garciaacosta
Marcos Garciaacosta answered on May 21, 2021

Contact the company that handles the licenses and ask for one.

Contact an attorney for further assistance.

1 Answer | Asked in Business Law, Trademark, Copyright and Intellectual Property for Texas on
Q: A nonprofit organization voluntarily dissolved, there was a trademark name held by the organization, can I acquire it?

The nonprofit voluntarily dissolved as of 4/30/2021 and will not be re-organizing. They held a trademark which according to the USPTO there's been no action on it since 2016 and doesn't reflect an "assignment." I have a similar nonprofit and would like to acquire that... Read more »

Evelyn Suero
Evelyn Suero answered on May 2, 2021

The USPTO will refuse to register a trademark when an identical or similar trademark is already registered. Typically, when a nonprofit is dissolved, it is required to transfer all of its assets and property to another nonprofit. It is possible that another organization may now own the mark.... Read more »

1 Answer | Asked in Trademark for Texas on
Q: Someone trademarked CHEBE HAIR GREASE can my own product be named CHEBE MAGIC HAIR GREASE or CHEBE ORGANIC HAIR GREASE
Evelyn Suero
Evelyn Suero answered on Mar 12, 2021

Using a trademark that is confusingly similar to another trademark being used in the same or related class/category of goods or services could be deemed infringement and will likely be a barrier to trademark registration. Using the same dominant words in the trademark may increase the likelihood... Read more »

1 Answer | Asked in Trademark for Texas on
Q: I sought your help in 2017 with this trademark. How much would you charge me now for two musician clients who want to

trademark their musical names?

Jason Brooks
Jason Brooks answered on Feb 18, 2021

This is a legal directory and so your question is being presented to an entire legal community and not directed to whomever helped you originally. With that said, I or any of the attorneys on this platform can help you out. Our contact information is listed in each of our profiles and would be... Read more »

2 Answers | Asked in Trademark for Texas on
Q: Could I sell something that I make that says “I am Groot.” Or would this be against trademark law
Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 24, 2021

Depends on who is Groot and if somebody owns it

Consult with an attorney

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1 Answer | Asked in Trademark for Texas on
Q: The word Kool-Aid is trademarked but if I were to use the username koolaid without any caps or dashes

If i were to use koolaid for a website like twitch (without caps or dashes) and I started broadcasting with the name like "koolaid person" would I be subjected to copy right and could I get sued for that because I don't want to get into any troubles!

Allison Higgins
Allison Higgins answered on Dec 10, 2020

Here's some quick information for you. First, you wouldn't be dealing with copyright. This would be a trademark issue. Second, capitalization, spaces, dashes, etc. do not make a difference. The USPTO uses phoenetics to determine if a mark is similar or not. So they would sound identical.... Read more »

1 Answer | Asked in Trademark for Texas on
Q: Is the word Krayola Trademarked
Allison Higgins
Allison Higgins answered on Nov 10, 2020

It would depend on what you are trying to sell under that name. You would not be able to sell crayons, markers, etc because it is too close to Crayola. But you may be able to sell other items or services under that name.

You should speak to a trademark attorney about your specific situation.

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