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Texas Trademark Questions & Answers
1 Answer | Asked in Trademark and Intellectual Property for Texas on
Q: If a trademarked logo that is marked as " Dead" in the USPTO, can I now use that trademark? It was abandoned in Feb,2021
Micah  Gonzalez
Micah Gonzalez
answered on Jul 11, 2024

Given that it has been more than three years since the mark has been abandoned, it is likely you are in the clear to pursue registration. Yet, the owner of the "dead" trademark may still be using the mark in commerce. If so, they would still have common law trademark rights to the mark in... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Using "This Is The Way" to signify going to the next page on my website - would this be copyright or trademark on LucFm?

This phrase would be on my website, purely for fun and signifying a linked button that would advance them to another page. I am wondering if this would be considered copyrighting or trademark against LucasFilms?

James L. Arrasmith
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answered on May 31, 2024

Using the phrase "This Is The Way" on your website to signify going to the next page could potentially raise concerns with Lucasfilm, as the phrase is strongly associated with their "The Mandalorian" series. While it might seem like a fun and harmless addition, it is important... View More

2 Answers | Asked in Small Claims, Business Law, Civil Litigation, Trademark and Intellectual Property for Texas on
Q: What can I do about a company branding my unique name on their product and it is causing very bad problems for me?

My name is very unique. I can't look me up anymore. Credit bureaus can't verify me. When I try to look my name up it is now under my parents name as an alias and only shows my 2 siblings.

Sean Goodwin
Sean Goodwin
answered on Apr 30, 2024

Under trademark law, no one can register a trademark with a person's surname (i.e., last name). Companies can still use a name as a trademark/brand and simply not apply for federal or state trademark registration. If a first name is unique, then it might fall under the trademark category... View More

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1 Answer | Asked in Trademark and Intellectual Property for Texas on
Q: We are looking at starting a baseball facility with the name X. there is a softball facility with the name X softball.

Would this be an issue or would this be considered a different enough business to be allowed.

James L. Arrasmith
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answered on Apr 25, 2024

The issue of whether your baseball facility can use the name "X" when there is already a softball facility named "X Softball" depends on several factors. Here are a few considerations:

1. Trademark: If "X Softball" has a registered trademark for their name,...
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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can I trademark Together We Can since the previos trademark has been abandoned
James L. Arrasmith
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answered on Apr 11, 2024

It's possible to apply for a trademark that was previously registered but has since been abandoned. However, there are a few important considerations:

1. Make sure the trademark is truly abandoned. You can search the USPTO (United States Patent and Trademark Office) database to confirm...
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1 Answer | Asked in Trademark and Intellectual Property for Texas on
Q: How will I know if my trademark is being contested, and do I need to complete attestations in all 50 states to stop it?

About a month ago I paid $5,000 total to Trademark Fortress to register my business name and logo in 4 USPTO classes. They told me I was all set, but now they are telling me that someone is contesting my filing, and that I need to pay thousands more to file attestations in all 50 states to protect... View More

James L. Arrasmith
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answered on Apr 11, 2024

I understand your concern and frustration with this situation. Here are a few important points to consider:

1. Transparency: A reputable trademark attorney or company should be transparent about any opposition or contestation to your trademark application. They should provide you with...
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2 Answers | Asked in Business Formation, Intellectual Property and Trademark for Texas on
Q: Can I legally start a snow cone stand with a play on words and image theme from a classic TV show?

Would I need to pay a trademark licensing fee?

Micah  Gonzalez
Micah Gonzalez
answered on Apr 5, 2024

I recommend seeking advice from a trademark lawyer as the answer depends upon the specific name and use of your own name and the TV show name. Depending on the name, the TV show may come after you for trademark infringement. To give some background, trademark infringement for puns hinges on whether... View More

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1 Answer | Asked in Trademark and Intellectual Property for Texas on
Q: How would I go about sending trademark up for my motorcycle club logo
James L. Arrasmith
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answered on Mar 8, 2024

To trademark your motorcycle club logo, start by ensuring the logo is unique and not already in use by another entity. A thorough search through the official trademarks database of your country, such as the United States Patent and Trademark Office (USPTO) in the U.S., will help you confirm this.... View More

3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: It`s possible to add a new business activity, specifically fishing and fishing tools, to my existing trademark registrat

Hi! my name is Katerina,

I`m a manager in Rollun LC company, we`re owners of https://trademarks.justia.com/877/11/mototou-87711348.htm

Please let me know, if i want to add another service by classification ( goods for fishing for example) - what would be right and easier to do -... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 26, 2024

The USPTO only allows applicants and registrants to delete, restrict, or limit the goods and services included in the original application. You may not add goods or services or expand the breadth of the existing goods and services. For additional goods or services using the registered mark, a new... View More

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1 Answer | Asked in Trademark for Texas on
Q: Does this trademark cover the words “rig ‘em” without the Derrick in the middle? Or does it cover the design as pictured
James L. Arrasmith
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answered on Feb 25, 2024

Understanding the scope of a trademark is key to ensuring you're not infringing on someone else's intellectual property rights. Trademarks can cover a range of elements, including words, phrases, logos, and designs. If a trademark is registered for the specific design that includes both... View More

1 Answer | Asked in Business Law, Intellectual Property, Internet Law and Trademark for Texas on
Q: If I write product review articles online under the persona of a fictional character, how would I disclose that?

I am starting an affiliate marketing website to write product review, comparison, advice-type articles but creating a character which I want to credit the articles to instead of using my own name and likeness. I am trying to find out how to do this without misleading my readers but I don’t want... View More

James L. Arrasmith
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answered on Jan 1, 2024

When creating content under a fictional persona for your affiliate marketing website, it's important to maintain transparency without overwhelming your readers with disclaimers. This balance is key to establishing trust while respecting your creative approach.

A subtle yet clear way to...
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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: How would we know if the trademark was completed?
Felicia Altman
Felicia Altman
answered on Dec 2, 2023

You can look up any trademark by searching for the mark by application number, owner or actual mark on the USPTO website. The owner of the mark or the person of record will receive an email when a mark has been registered with the USPTO or if an office action is received. To know the status of a... View More

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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: is a Superhero/supervillain them restaurant against copyright or trademark.

im thinking about a restaurant called H&V (heroes and villains) using my own personal collection of figures and comics to display would this be against copyright or trademark laws no names will ever be used

James L. Arrasmith
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answered on Nov 13, 2023

Creating a superhero/supervillain-themed restaurant like H&V, using your personal collection of figures and comics for display, can be a complex matter in terms of copyright and trademark laws. The key issue is whether the use of these items could be seen as infringing on the intellectual... View More

2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can I name a book after my blog, Waxing Poetic, even though a jewelry company has trademarked the common phrase?

I wrote this blog years ago titling it Waxing Poetic, musings on life, love, and the pursuit of joy, and then discovered later there was a jewelry company with that phrase trademarked. Waxing Poetic is an actual phrase used from the 1800s about writing or describing something in an eloquent or... View More

James L. Arrasmith
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answered on Nov 8, 2023

Using a title for your book that matches your blog named "Waxing Poetic" could potentially raise trademark concerns if the jewelry company has indeed trademarked the phrase and if your book could be perceived as being in a related category of goods or likely to cause confusion among... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Paint party, painting the Grinch face? It’s theirs, they pay me for supplies, teaching. They don’t sell them.

People ask me for this. No picture is sold, just my time and supplies.

James L. Arrasmith
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answered on Nov 8, 2023

Hosting a paint party where participants paint the Grinch's face involves copyright considerations, as the character is protected intellectual property. If you are providing instruction and supplies for individuals to create their own paintings for personal use, it generally falls under... View More

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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can I use the phrases..... Let there be light, or Here's your sign...... as a slogan for my company?
David Aldrich
David Aldrich
answered on Nov 3, 2023

There are several existing trademarks for each of these. It's possible you could use it, depending on what category of goods/services your company deals in. You should consult a qualified trademark attorney, who can help you determine whether you are able to use these and if you should seek... View More

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3 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Can I put the letters CNN on my jacket without violating copyright.

I will not use the Networks logo just the letters printed on my jacket. Is this legal or does Warner own the letter combination?

T. Augustus Claus
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answered on Oct 16, 2023

Yes, you can put the letters CNN on your jacket without violating copyright. Copyright law protects original works of authorship, such as literary, dramatic, musical, and artistic works. The letters CNN are not an original work of authorship, so they are not protected by copyright. However, Warner... View More

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4 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: I looked up our trademark and it shows as "abandoned". What does that mean? How do we get it active?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 12, 2023

If the mark was registered, the abandonment was most likely due to failure to file a statement of continuing use and specimen in the fifth year after registration. If it was an application to register the mark, most likely there was a failure to respond to an office action by the examining... View More

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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: We have INREST trademark filed, 97114560.Do I need to file a new one?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 28, 2023

This application is dead, having been abandoned in March 2023 for failure to respond to an office action in August 2022 noting that "applicant's mark, INREST, is confusingly similar to the registered mark, INNEREST." A new application for the same mark would fail for the same reason.

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1 Answer | Asked in Intellectual Property, Trademark and Copyright for Texas on
Q: I have a question regarding using a font that is used for a TV show (lets say StarTrek as an example)

If I am using a font that has been recreated by someone (but it looks *almost* identical) and I decide to create a formal 501c3 nonprofit public charity named "Rain'bow" (as an example) and create a logo using that name with that similar StarTrek font, would that be risky regarding... View More

James L. Arrasmith
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answered on Sep 4, 2023

Even if you don't use the words "Star" or "Trek," using a font that is closely associated with or identical to the one used in the Star Trek franchise could pose a risk of copyright or trademark infringement. The key issues would be whether the use of the font creates a... View More

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