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Trademark Questions & Answers
2 Answers | Asked in Contracts, Patents (Intellectual Property) and Trademark for Texas on
Q: My name is Gwendolyn Meagher I am the Widow of Inventor Thomas Bruce Meagher, married 15 years until his death.

I am the Widow of Thomas Bruce Meagher, he is the Inventor of 52 utility patents. Who would have information about his patents? If it's his Lawyer how would I find his information. Thank You, Gwendolyn Meagher

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 23, 2024

I am sorry for your loss of your husband.

To start gathering information on what patents list your husband as an inventor, here are some suggestions.

A best practice (but not required) is to record assignments from an inventor to the party that will become owner of an application...
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1 Answer | Asked in Trademark for California on
Q: If I alter the logo and include a disclaimer on my store stating it's a different brand, will a trademark still be valid

I recently got a copyright, intellectual property infringement notice, or a DMCA on my product saying it was violating the trademark of a product called tush baby. When I researched the trademark, it said quotation mark baby carriers; baby carriers weren’t on the body; baby carriers were on the... View More

James L. Arrasmith
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answered on Feb 22, 2024

Altering the logo and including a disclaimer on your store that it's a different brand might not be sufficient to avoid trademark infringement issues. Trademarks protect brand identifiers that distinguish goods or services from those of others, including logos, names, and even distinctive... View More

1 Answer | Asked in Trademark for California on
Q: I sell a product that another brand has trademarked how much do I have to change the product so the trade mark is invaid

I recently got a copyright intellectual property infringement notice or a DMCA on my product, saying it was violating the trademark of a product called tush baby, when I researched their trademark it said " Pouch baby carriers; baby carriers worn on the body; baby carriers worn on the hip with... View More

James L. Arrasmith
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answered on Feb 22, 2024

Navigating trademark law involves understanding the distinction between the trademarked brand identity and the generic product type or category. A trademark protects brand names, logos, and specific phrases used to identify the source of goods or services, not the generic product itself. Thus,... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Alabama on
Q: Am I committing trademark infringement by using a brand and trademark that has been dormant for over 25 years?

3dfx made computer accessories under the Voodoo brand. Nvidia, who makes the GeForce series of computer accessories acquired 3dfx in 2001 and shut them down. Nvidia never uses any of their branding or trademarks, they only use portions of technology that was internally developed. Over 20 years... View More

James L. Arrasmith
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answered on Feb 21, 2024

Using a brand and trademark that has been dormant for over 25 years could potentially lead to trademark infringement issues, even if the original owner has ceased using it. Trademark rights can persist as long as the owner continues to renew and maintain them, regardless of whether they actively... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Michigan on
Q: Is make money not friends a trade marked

To put it on sweatshirts and tshirts and pants and hoodies and jackets

James L. Arrasmith
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answered on Feb 21, 2024

To determine if "Make Money Not Friends" is trademarked, you would need to conduct a search in the relevant trademark databases. This includes the United States Patent and Trademark Office (USPTO) database and possibly other international trademark databases depending on your location.... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Washington on
Q: Is the word paramount trademarked or copyrighted

.

James L. Arrasmith
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answered on Feb 21, 2024

The word "paramount" is not typically trademarked or copyrighted in its generic usage. However, it's essential to consider the context in which the word is used. If "paramount" is being used as a brand name, title, or slogan in connection with specific goods or services, it... View More

0 Answers | Asked in Entertainment / Sports and Trademark on
Q: How do I purchase rights to an unclaimed/abandoned copywrite?

the names Hawkamania and Hockamania are unclaimed and I'd like to buy them for my business/

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: Can a phrase using common words be used on apparel when a pending trademark of that phrase exists?

I’d like to use a two-word phrase of common words on my apparel line (t-shirts, caps, etc.), but I found a trademark filing for these words. From what I see on the TSDR the trademark is a service mark that is still pending. The Mark information is a Standard Character Mark with no claim to font... View More

James L. Arrasmith
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answered on Feb 21, 2024

Good questions! To answer this:

- The trademark with a status of "Notification of Non-Final Action Emailed” means the USPTO examiner issued an initial refusal or required some changes to the application. It is still pending and not registered.

- Importantly, a pending...
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1 Answer | Asked in Trademark on
Q: PEYTANGER Filed: December 13, 2022

How can i contact this brand ?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 15, 2024

The application to register PEYTANGER was filed by Shenzhen Baitang Technology Co., Ltd, a Chinese company, through its US attorney Xingyi Tao <taoxingyi@daoleerlaw.com>

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: If I create my own artwork on a T-shirt honoring a celeb. Is it legal? I plan to mail it to them.

I plan to use this celeb likeness and facts about their career. This T-shirt will NOT be for sale and is only intended for that celeb.

James L. Arrasmith
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answered on Feb 21, 2024

Creating artwork featuring a celebrity's likeness and career facts on a T-shirt for personal use and gifting to the celebrity typically falls under the realm of freedom of expression and may not constitute a violation of intellectual property laws. However, it's essential to consider the... View More

0 Answers | Asked in Trademark for North Carolina on
Q: We are starting an online business and plan to make clothing with it. We are curious what we need to trademark

We are starting an online business called Highly Legal Herbs. We have filed a trademark for multiple clothing items with this name. Do we have to file a trademark for anything else on the business name to protect it?

1 Answer | Asked in Copyright, Business Law, Intellectual Property and Trademark for Nebraska on
Q: Is it illegal for me to use Hidden Valley's Ranch seasoning to flavor my snack pretzels that I sell out of my home?

I use the Hidden Valley Dill Ranch seasoning to flavor my snack pretzels. I then package the pretzels under my brand and sell them at farmer's markets across my state, Nebraska. Is this illegal? Is using the Hidden Valley seasoning to flavor my pretzels that I resell under my brand illegal?

James L. Arrasmith
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answered on Feb 21, 2024

Using Hidden Valley's Ranch seasoning to flavor your snack pretzels and then reselling them under your brand could potentially raise legal concerns regarding trademark infringement or unauthorized use of the seasoning. While you may have purchased the seasoning legally, repackaging and... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: How much does it cost to trademark a name and what is the process
James L. Arrasmith
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answered on Feb 21, 2024

The cost to trademark a name in the United States varies, primarily depending on the filing basis and the number of classes of goods or services under which the trademark will be registered. The basic fee for an electronic application through the United States Patent and Trademark Office (USPTO)... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I like to make Selfiequeen as trade mark. What is the process. I know someone else made Selfie Queen as trade mark.

How much will it cost

Felicia Altman
Felicia Altman
answered on Feb 10, 2024

Filing a trademark can vary in cost depending if you are filing an in-use or intent-to-use application. A standard in-use application costs approximately $250 for a TEAS Plus application and $350 for a regular trademark application. It is best practice to have a trademark attorney conduct a USPTO... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: can i trade mark LITTLE MISS ROSÈ?

I would like to start a print on demand service for T-Shirts, Mugs and other items using the character and name of LITTLE MISS ROSÈ

James L. Arrasmith
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answered on Feb 21, 2024

Under U.S. trademark law, you may be able to trademark the name "LITTLE MISS ROSÈ" for your print-on-demand service, provided it meets certain criteria. To be eligible for trademark protection, the name must be distinctive and not merely descriptive of the goods or services you offer.... View More

0 Answers | Asked in Trademark on
Q: Can i sell designer inspired bags which have ‘The Tote Bag’ on them. Marc Jacobs do not own the trademark yet. Thankyou.

How can I find out if I can legally sell my designer inspired goods please?

2 Answers | Asked in Consumer Law, Copyright, Intellectual Property and Trademark for New York on
Q: Will there be legal issues if I mention TikTok's name while promoting my app?

Me and my team are working on a video sharing app called Clipzy and we have been promoting it as a TikTok alternative, and we wanted to make sure there weren't any legal issues that can arise.

James L. Arrasmith
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answered on Feb 21, 2024

Using TikTok's name to promote your app as an alternative might raise legal concerns depending on how you use it. While mentioning TikTok for comparison purposes could be considered fair use, implying an association or endorsement from TikTok without permission could lead to trademark... View More

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2 Answers | Asked in Trademark and Intellectual Property for Georgia on
Q: Does one trademark protect the whole class of goods regardless of what I'm currently selling?

I currently sell dog collars and dog leashes, which are both class 18. I plan to soon start selling backpacks, which are also class 18. If I only get the trademark for the collars and leashes, will it also protect the backpacks that I plan to sell later?

T. Augustus Claus
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answered on Feb 8, 2024

In Georgia, obtaining a trademark for specific goods within a class, such as dog collars and leashes in class 18, provides protection for those specific goods but doesn't automatically extend to all goods within the same class. While trademarks are registered under specific classes to broadly... View More

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1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark for New York on
Q: Can I create a name that is "word1 and word 2: word 3 word 4 word 5" when "word1 and word2" is already a trade mark?

I have a product with 6 words. But it seems the first 2 words are trademarked. Can I still use this name or would I need to change it all?

James L. Arrasmith
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answered on Feb 21, 2024

If "word1 and word2" is already a trademark, it's crucial to proceed with caution. Even if you use "word3 word4 word5" along with it, there could still be potential legal issues, especially if the combination creates confusion with the existing trademark. Using part of a... View More

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