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Trademark Questions & Answers
1 Answer | Asked in Trademark for Montana on
Q: Trademarks Sheepdog Up and Shaka Gear Both shown as abandoned. What is the process for our Corp to take ownership
David Aldrich
David Aldrich
answered on Sep 21, 2023

If an application for a mark is abandoned, you are free to just file your own application for that mark. If you are already using the mark in commerce, you can file a use application. If not, but you plan to in the near future, you can file an intent-to-use application.

1 Answer | Asked in Trademark for Florida on
Q: How long does a trademark last?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 21, 2023

The term of a federal trademark registration is ten years, renewable in successive ten-year periods. To maintain a registration, its owner must submit proof of continuing use and pay a fee.

1 Answer | Asked in Trademark for Utah on
Q: Trademark 88412652 can i apply for that trademark
Felicia Altman
Felicia Altman
answered on Sep 20, 2023

When looking at the USPTO this mark is shown as abandoned. If the USPTO mark the trademark as dead then it is no longer protected and someone else can file for the mark. If the mark is still in-use and registered/active another individual or company would be unable to register for the mark.

3 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Can I trademark “don’t panic, it’s organic”
T. Augustus Claus
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answered on Sep 19, 2023

Certainly, you can potentially trademark the phrase "don't panic, it's organic." However, the success of your trademark application will depend on factors such as its distinctiveness, its use in commerce, the likelihood of confusion with existing trademarks, and whether it meets... View More

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2 Answers | Asked in Cannabis & Marijuana Law, Intellectual Property and Trademark for New York on
Q: can you name a weed strain after military aircraft like the b-2 stealth bomber or are they copyrighted?
T. Augustus Claus
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answered on Sep 18, 2023

Naming a weed strain after a military aircraft like the B-2 Stealth Bomber could potentially raise legal issues, but it's not primarily a copyright concern. Instead, the primary concern would likely be trademark and intellectual property rights.

The name of a military aircraft like the...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: What is the legality of recreating a brands packaging?

If someone were to legitimately own x amount of items sold by a brand, is it illegal or risky to remake their packaging(not the item just the box)? Suppose the items purchased from a distributor of the brand came unboxed and loose, and someone wanted to have them boxed but couldn't find a... View More

James L. Arrasmith
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answered on Sep 19, 2023

Recreating a brand's packaging, even for the purpose of housing genuine products, can potentially raise intellectual property and trademark issues. Using packaging that closely mimics a brand's design may lead to claims of trademark infringement or unfair competition, especially if... View More

1 Answer | Asked in Gaming, Trademark, Copyright and Intellectual Property for California on
Q: Is it infringement or illegal to remake or share a form of copyrighted art even if it's without any form compensation?

Specifically, if one were to create a character from mainstream media from scratch, that already exists and share it with others without receiving any form of compensation, is that illegal? One side tells me it's non-profit so it's okay. I read elsewhere that it falls under infringement.

James L. Arrasmith
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answered on Sep 19, 2023

Creating and sharing a character from mainstream media, even without compensation, can still potentially constitute copyright infringement. Copyright law grants creators exclusive rights to their work, including the right to create derivative works. While non-profit status may be a consideration,... View More

0 Answers | Asked in Trademark for Wisconsin on
Q: Is the word "MagicAI" or something similar trademarked in the United States?

Very short question: Is the word "MagicAI" or something similar (like Magic AI or Magic-AI) trademarked in the United States?

0 Answers | Asked in Trademark for Florida on
Q: I wanted to the use word steezy for my clothing but it's not an LLC it's just a shopify store so nothing big

I already got my logo made and my shopify website named is there a difference since it's a LLC and my business is just a small one?

2 Answers | Asked in Trademark and Intellectual Property for Nevada on
Q: How do I protect my business name/trademark if I was involved with a trademark scam?

I recently contracted Trademark Pioneer to file a trademark for my business name. They claimed I need 5 different classes and I stupidly agreed and paid them for the 5 classes. After I paid them and filled out the paperwork I didn't hear back from them for over a week. I did some research on... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 15, 2023

You definitely should terminate the pending application and re-file with a reputable trademark attorney. Trademark Pioneer is/was a notorious scam, you were an unfortunate victim. But they cannot "steal" your trademark, as ownership depends on usage and you have priority of use if challenged.

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0 Answers | Asked in Trademark for Michigan on
Q: Can I sell digital lettering artwork that I created myself that contains a celebrity name that is trademarked?

I have created some digital lettering artwork for social media that contains celebrity names, namely Taylor Swift and Trevor Noah. These names are trademarked by the celebrities in question. Is it legal for me to sell these as digital downloads or as NFTs or any other method of selling this... View More

2 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: Is this word still available for purchase

The word blood ?

David Aldrich
David Aldrich
answered on Sep 13, 2023

Assuming you are asking whether you can trademark this word, that depends on a few details. Are you using it with any other words? Do you want to trademark just the word or a stylized version of the word? And what goods or services do you want to trademark it for? (every trademark is filed in one... View More

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0 Answers | Asked in Trademark on
Q: Hello, "NEED FOR SPEED" is trademarked but can I use the phrase "Need Speed" to sell on thirts?

Without the word "for".

*** misspelled the word t-shirts

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Georgia on
Q: Can I buy Disney or licensed fabric and make a headband or scrunchie and sell it?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 11, 2023

The answer is YES. The "first sale doctrine", codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the... View More

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2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Hi, in regards to serial number 78560250, or trademark "home sweet home" can I use the slogan in a diferent font

I am wondering if I can use this slogan of

home sweet home as a slogan for real estate purposes on promotional items, for example a spoon or a corkscrew. Is it ok to do if it is in a diferent font?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 10, 2023

Although the phrase HOME SWEET HOME has been registered as a trademark for air fresheners, it remains a common expression and has not been commercially appropriated for any other purpose. As long as you are not advertising air fresheners, there is no likelihood of confusion. Certainly in the... View More

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0 Answers | Asked in Trademark for Texas on
Q: A small business name is similar to a big manufacturer overseas that own a US Trademark for part of that name?

Let's say there is a company called Akaba Trading. This company sells outdoor/classroom/storage furniture (and many other products) made by a factory overseas and is branded with the factory's name/logo. Now, there is a U.S trademark for AKABA registered by a spanish company that... View More

3 Answers | Asked in Trademark and Intellectual Property on
Q: RE: Kinkassage trademark Serial Number 86140601Registration Number4583533

I am not sure when my trademark expires?

I am wondering the cost of renewing my trademark?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 8, 2023

The mark K KINKASSAGE (and design) was registered on 08/12/2014, and the required maintenance filing to show continuing use was accepted in 2020, extending the registration to its full ten-year term. To renew the registration for an additional ten-year term, its owner must submit proof of... View More

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1 Answer | Asked in Copyright, Trademark and Intellectual Property on
Q: Is selling print on demand book on Amazon kdp named as "Bunco Score Sheets" can cause me any trademark problems ?

I am a print on demand seller on Amazon kdp, I want to sell "Bunco Score Sheets" on Amazon where "Bunco" is a trademark in parlor games. And "PARTY BUNCO" is a trademark in "EQUIPMENT SOLD AS A UNIT FOR PLAYING A CARD GAME". and my score sheet design is... View More

James L. Arrasmith
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answered on Sep 11, 2023

Given the information you provided, using the name "Bunco" in your product title could potentially raise trademark issues since "Bunco" and "PARTY BUNCO" are registered trademarks. Federal law on this matter recognizes the rights of trademark owners to protect against... View More

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