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Trademark Questions & Answers
2 Answers | Asked in Trademark for California on
Q: Should I still try and file this trademark? Or is it just a waste of time and money?

Hi I want to file a trademark for my business name, but a company already owns the "Word Mark" very similar to it.

For example. My company is called "Fitness Training AI" - which is a fitness training company built around AI and machine learning. However, there is a... Read more »

Benjamin Charles Korray
Benjamin Charles Korray
answered on Nov 8, 2022

The trademark filing system is divided into Classes (groups of goods and services). It’s possible that the already registered mark may be in a different Class from yours, which could make it possible for your mark to co-exist with that registration. However, my recommendation would be to use do a... Read more »

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1 Answer | Asked in Copyright and Trademark on
Q: Hi, can i make a "Wordle puzzle book" and sell it on line

wordle is online game hosted by the new york times

Erik Špila
Erik Špila
answered on Nov 6, 2022

If its a kind of game which is promoted or even trademarked under similar name in the country it is highly recommended to make a research if it will be possible for you to market similar or different product under similar mark. You should definitely consult with a local intellectual property lawyer... Read more »

3 Answers | Asked in Copyright and Trademark for New York on
Q: How do I get in contact with owner for permission to use a design?
Benjamin Charles Korray
Benjamin Charles Korray
answered on Nov 4, 2022

If the design is a registered copyright, you may be able to find contact info within the US Copyright Office. If the design is a registered trademark, you may be able to find contact info within the US Patent and Trademark Office. If there's not any registration for the design you would need... Read more »

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0 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: Can you use movie review scores by IMDb, Rotten Tomatoes or Metacritic on a commercial website?

I am planning to develop a commercial website which will list movies and TV shows. On the listing pages for each movie/show I would like to include the critic and audience scores that they have received on websites like IMDb, Rotten Tomatoes or Metacritic. Am I legally able to do this?... Read more »

1 Answer | Asked in Trademark for Florida on
Q: Could you trademark the word but with a different logo? Or use a variation (I.e. mountain bear farms)?

Question about “mountain bear” trademark

Erik Špila
Erik Špila
answered on Nov 2, 2022

Yes, the situation you are presenting seems to be possible, however more details would be needed in order to give you more qualified and exact answer. I recommend you to seek a local trademark attorney to help you with this.

1 Answer | Asked in Trademark for California on
Q: If I make [shirts] with entertainers name/image, how do I get permission sale the products??
Erik Špila
Erik Špila
answered on Oct 30, 2022

The most common way to obtain the permission from the person is to write him an official email/letter in which you ask for such permission. You should always seek for written permission (at least in the form of email) for future referrence and eventual disputes.

1 Answer | Asked in Trademark, Copyright and Intellectual Property for North Carolina on
Q: can artwork or typography be done with the word trademark on reduce reuse and recycle.
Benjamin Charles Korray
Benjamin Charles Korray
answered on Oct 27, 2022

Artwork and typography are usually protected by copyright law. And brands (company names and logos) are protected through trademark law. The answer to your question should start with figuring out who owns the rights to the image or trademark that you want to use.

2 Answers | Asked in Intellectual Property and Trademark for New York on
Q: I came up with a name Max Level Gear for a clothing/gaming accessory brand and I'm trying to verify I can use that name.

Can I create a brand that's named Max Level Gear or Max-Level Gear for a gaming clothing brand? I searched online and it seems someone is using Max Level Apparel for a gaming clothing brand. So is that infringing on them? We are selling similar things but my name is slightly different.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 25, 2022

The slight difference in the marks is not significant, so either could claim infringement for use on similar goods, but the deciding factor in which one prevails over the other is which use was prior in time.

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1 Answer | Asked in Trademark for New York on
Q: If a trademark is live but has no date of publication - can I file for trademark under same class?

My registered business name matches my trademark (under a different class), but someone filed for a class that would infringe on part of my website's services. There is no date of publication to oppose but its still listed as "live". Should I go ahead and file for the same class with... Read more »

Erik Špila
Erik Špila
answered on Oct 25, 2022

The action you are proposing can definitely make some harm and infringe someone else rights. I strongly advice you to seek IP professional attorney in your area so he can advice you more in-depth as there are more details needed to be provided from your side.

2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Should I oppose a trademark or file for the same class with detailed description? Their description does not infringe

I have a live trademark for class 025 but the website i've created also offers goods/services under class 035, 041, and 009. I noticed someone filed for class 041 but their description does not infringe on what I'm doing. However considering my website is a community with in person... Read more »

Erik Špila
Erik Špila
answered on Oct 24, 2022

Thats a highly complicated question (questions) and you should definitely seek intellectual property lawyer to duly analyze the details of your case. There is no right answer here as it depends on further variables that you will need to provide in order to get qualified advice.

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2 Answers | Asked in Trademark and Intellectual Property for California on
Q: How much does it cost to establish a trademark? Does it vary state to state? I live in California.

I want to trademark my brand name which I wish to sell products under.

Erik Špila
Erik Špila
answered on Oct 22, 2022

Yes, every country has different pricing. If you want to have trademark in USA, then the price will be different than if you want to have trademark both in USA and European Union. For exact list of charges you can check the local industrial property office (USPTO in USA and EUIPO in EU, for... Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for North Carolina on
Q: Can I create a new product using a patented logo?
Erik Špila
Erik Špila
answered on Oct 16, 2022

I can only guess, based on information provided, that you mean trademarked logo and not patented logo. If this is the case, no you can not use trademark of someone else to create your own product. It could be copyright or trademark infringement. However for more complete answer you should seek a... Read more »

1 Answer | Asked in Trademark for Michigan on
Q: Can I use the phrase "Oh Yeah" (Kool-Aide Man's Catch Phrase) In the song?

I am in the process of creating a song that has lyrics including the phrase "Oh Yeah". In the song, I have a voice actor using the phrase and his vocal sound (tone) sounds very similar to Kraft's Kool-Aide Man's "Oh Yeah". The lyrics of the song does not mention or... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 14, 2022

You correctly note that common utterance "oh, yeah" is not by itself capable of being the exclusive property of Kraft. Neither is the voice characterization, especially when the usage you intend is not in connection with a competitive product.

1 Answer | Asked in Trademark for Kansas on
Q: Renew canceled trademark Serial #74243639 Reg # 1841315. What would that cost?

Can I preform myself?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 12, 2022

That registration for the mark DOGTAGS used for trading cards was cancelled in 2005, for failure to file the required statement of continuing use, and cannot be revived or renewed.

You could file a new application to register the mark and include the reference to the prior registration, but...
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1 Answer | Asked in Trademark for Pennsylvania on
Q: Is there a price to trademark something

If i have the plan for a business can i trademark it on payments if avail

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 11, 2022

The US Patent & Trademark Office fee for filing an application to register a trademark or service mark is from $250 to $325 (for a single type of product or service) depending on filing variations.

An attorney will probably charge you something in the range of $250 to $750 to file the...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: If I have created a cartoon character (original drawing) how do I protect it from being used (name or design) by others?

I have a character that I have designed and I have a name for that character. I plan to feature the character in merchandise, apparel, comic strips, digital media, original stories, posters and other artwork. How can I protect my character and character name from being used by other businesses or... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 8, 2022

The cartoon character can be the subject of a copyright registration, and its name can be a registered trademark.

You should register the copyright of a set of drawings that show the character in various poses from different angles.

Then, if the name of the character is novel and...
Read more »

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1 Answer | Asked in Trademark on
Q: Usage of term "Minecraft"

Good morning. Is it legal to use term "Minecraft" in notebook title description (I don't print this word in notebook cover)? I have made a research and I couldn't find any restrictions in usage of that term in notebooks.

Regards,

Erik Špila
Erik Špila
answered on Oct 12, 2022

Well the term "Minecraft" is a trademark in many countries and also a copyright is in question. However I am not really sure if I understand your question correctly. What exact type of usage it would be? Will you sell something with using this? I am not able to advice further without more... Read more »

1 Answer | Asked in Trademark for Michigan on
Q: Can I do anything if someone filed a trademark for a name that I previously set for a club but didn't trademark?

I helped create the club back in 2003 and we have evidence and witnesses that can collaborate the time of formation. We are also an international club and have members across the globe. We do not want to have a Marijuana dispensary with the same name as us. And while our name is not trademarked it... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 4, 2022

You may be able to oppose the registration by what is called a "junior user" (you are the "senior user" based on your prior use) when its application is published for opposition, which is the last step in federal registration of trademarks and collective membership marks (a... Read more »

1 Answer | Asked in Trademark for Florida on
Q: can a trademark cancellation be requested by multiple different parties
Erik Špila
Erik Špila
answered on Oct 3, 2022

Yes, trademark cancellation proceedings can be initiated by multiple parties for the same trademark as there can be various reasons for trademark cancellation. This is valid for many jurisdictions and countries throughout the world.

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