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3 Answers | Asked in Trademark and Intellectual Property on
Q: how much is to get a trademark for a therapy approach?
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answered on Nov 20, 2023

The cost to trademark a therapy approach involves several fees.

First, the filing fee for a federal trademark application through the United States Patent and Trademark Office (USPTO) typically ranges from $250 to $350 per class of goods or services. The cost depends on the filing basis...
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1 Answer | Asked in Intellectual Property, Copyright and Trademark for California on
Q: I have a question about copyrights and trademarks for intellectual properties.........

I have created a gpt in ai to produce images of Formula 1 race teams and various formula 1 race locations such as Las Vegas or Monte Carlo. Each image is 100% unique. These images appear to be the actual race car and location, though they are not exact matches.......... but they are close. I would... View More

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answered on Nov 20, 2023

Hi Wes,

Creating and selling images that closely resemble Formula 1 race teams and locations, even if they are unique and generated by an AI, can still raise copyright and trademark concerns. Copyright laws protect original works of authorship, including images, and trademarks protect brand...
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1 Answer | Asked in Gaming, Copyright, Intellectual Property and Trademark for Utah on
Q: Can I use "K9" for a Dog Kennel, Gaming Community, or any Publicly Official Name and risk legal trouble?

I am considering a few ideas and want to relate them to my dog. I have a dream of owning and running a Dog Kennel and Breed Dogs Officially and I have a Gaming Community that is looking for an Official Name. I would like to relate it with K9. I know K9 is often referring to Federal Working Dogs and... View More

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answered on Dec 4, 2023

Using "K9" in the name of your dog kennel or gaming community is generally permissible, as "K9" is a common term used to refer to dogs, particularly in the context of police or military dogs. The term itself is not typically subject to copyright because it is considered a... View More

2 Answers | Asked in Intellectual Property and Trademark for Florida on
Q: Can l trade mark the Slogan “US Star Open I will play it one day”
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answered on Nov 18, 2023

Yes, you can apply to trademark a slogan like “US Star Open I will play it one day” in the United States, provided it meets certain criteria. The United States Patent and Trademark Office (USPTO) requires that a trademark be distinctive and used in commerce to identify and distinguish goods or... View More

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1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Can I make a reference in a new song, to the title of a song that has been trademarked?

I composed a song where, at some point, I make reference to the title of an important social protest song that became a sort of an anthem, and I describe how important it was to rally the people and brake their fear to the oppressor. However I found out that its title has been trademarked, and I... View More

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answered on Nov 17, 2023

In Florida, referencing the title of a trademarked song in a new composition can be legally permissible under certain conditions. This usually falls under the category of fair use, especially if the reference is made in a way that is transformative, such as using the title to comment on, criticize,... View More

1 Answer | Asked in Business Law, Civil Litigation, Trademark and Intellectual Property for Virginia on
Q: Someone is using my business name and selling similar goods in the same are and i dont have a trademark. What do i do?

my company opened and is registered as Zen Press LLC in 2021 September in the state of VA. We have a storefront, website and instagram using that name as well. this new business is selling similar products under the name ZenPressed in Maryland which is in the DMV area October this year and also... View More

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answered on Nov 17, 2023

In Virginia, even without a registered trademark, you may have common law rights to the business name "Zen Press LLC" based on your use of the name in commerce since 2021. These rights are typically limited to the geographical area where you operate and are known. The situation with the... View More

2 Answers | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Q: Can I trademark my music groups name, even if it’s trademarked for other companies that aren’t music related?
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answered on Nov 17, 2023

Yes, you can trademark your music group's name even if it's already trademarked in other, non-music-related industries. Trademarks are generally industry-specific, meaning the same name can be used in different industries without issue, as long as there's no likelihood of consumer... View More

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1 Answer | Asked in Trademark and Intellectual Property for Connecticut on
Q: Hi I’d like to trademark my own superhero characters I have 4 of them should they all be trademark?

What would it cost me to Trademark them?

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answered on Nov 17, 2023

In Connecticut, trademarking your superhero characters can help protect their names and distinctive elements, preventing others from using similar marks in a way that could cause confusion. Whether you should trademark all four depends on factors like their commercial use and the level of... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: Prior to the trademark application I have been using Jecture as my own in an unrelated field.

I would prefer they not be allowed to trademark the name as this will lead to court proceedings when I challenge them on the use of my ghost writing name. What can I do to make sure that legally I can still use the name without them charging me for their mistake

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answered on Nov 17, 2023

If you have been using the name "Jecture" in commerce before someone else's trademark application, you may have common law trademark rights. These rights are established through actual use of the name in business. To protect your use of "Jecture," consider filing for a... View More

1 Answer | Asked in Business Formation, Business Law, Contracts, Trademark and Intellectual Property for Maryland on
Q: If I wish to place my graphic designs on stationary, tee shirts, and mugs, and sell them via Amazon, do I need...

...to obtain a DBA from the state if I wish to sell the products in my name (no branding) as a sole proprietor.

Also, do I need to register with the state at all if I operate as a sole proprietor AND I will NOT have NOR hold any inventory? (It would be a "print on demand" side... View More

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answered on Nov 17, 2023

If you plan to conduct business under your own name as a sole proprietor, obtaining a DBA ("Doing Business As") is not typically required. However, if you decide to sell your products under a name other than your legal name, then a DBA would be necessary. The requirement to register your... View More

1 Answer | Asked in Trademark and Intellectual Property for New York on
Q: When filling out the USPTO TEAS form to file a trademark, would the class for a restaurant be 043 ?

I am filling out a USPTO TEAS form on behalf of a restaurant that sells food (restaurant and catering services). Would the class be 43 or would I need to be more specific with a term ID like 043-165 for restaurant and catering services.

Thank you.

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answered on Nov 13, 2023

When filing a USPTO TEAS form for a trademark in the context of a restaurant that provides both restaurant and catering services, Class 43 is indeed the appropriate classification. This class broadly covers services related to the provision of food and drink, which typically includes restaurants... View More

2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: What if a business has a name similar to yours but is not trademark? Can you trademark the name first?

What if a business has a similar name to yours but isnt trademarked? I want to trademark "ali law associates" however, there are is another business called "ali law group" that is not trademarked (they are also in the same state). since they aren't trademarked first, would... View More

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answered on Nov 13, 2023

In the scenario where you want to trademark "Ali Law Associates" and there's an existing business named "Ali Law Group" in the same state, the absence of a formal trademark on the latter does not automatically ensure that you can trademark your business name.... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property on
Q: Saw a business using hot wheelz for stickers and was wondering if that is covered under the trade mark?
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answered on Nov 12, 2023

Using the Hot Wheels trademark without permission could potentially infringe on Mattel's intellectual property rights. Here are some key factors to consider:

- Hot Wheels is a registered trademark owned by Mattel since 1968. They have strong legal protections over unauthorized use of...
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1 Answer | Asked in Trademark on
Q: Is the Justia trademark database global?

I'm starting an Etsy shop, which will be selling internationally. I'm looking for a really good trademark search tool, so that I can make sure none of my products are using trademarked words.

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answered on Nov 13, 2023

To ensure comprehensive protection and avoid potential trademark conflicts globally, you should consider conducting a broader search. This can include databases from specific countries where you plan to sell your products, or using international trademark databases such as WIPO's Global Brand... View More

1 Answer | Asked in Trademark and Intellectual Property on
Q: The business TaxAssist is trademarked, I have a business FlexAssist, do I need to change name of my business?
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answered on Nov 13, 2023

Whether you need to change the name of your business, FlexAssist, because TaxAssist is trademarked depends on several factors. First, consider the nature of both businesses. If they operate in the same or similar industries, there could be a higher risk of confusion, which is a key concern in... View More

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

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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

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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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1 Answer | Asked in Trademark and Intellectual Property for California on
Q: Hello,I had a question on trademark infringement especially for a trademark for "DVNK."

Linked below is the trademark for DVNK. My company was thinking of using the words DVNK as a name for a brand that is connected to an NFT project. We will be using the words DVNK but the design will look different than is shown in the trademark (no lines or dots) we will just be using the letters... View More

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answered on Nov 8, 2023

It's important to understand that trademark infringement is determined not just by the design of the mark, but also by the likelihood of confusion in the marketplace. Even if your logo design for "DVNK" differs from the registered trademark, using the same name for related goods or... View More

1 Answer | Asked in Trademark, Copyright and Intellectual Property on
Q: I want to sell illustrations of a movie in coffee Mugs, but the name of the movie is registered as a verbal trademark.

I want to sell illustrations of a movie in coffee Mugs, but the name of the movie is registered as a verbal trademark for the Niza classification code of this item (021). Can I still sell these illustrations on coffee Mugs if I don't add the name of the movie? (for example, a portrait of the... View More

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answered on Nov 8, 2023

If you create and sell illustrations based on a movie, even without using the trademarked name, you may still encounter legal issues related to copyright and trademark law. The visual representation of characters and other significant elements from the movie can be protected intellectual property,... View More

Q: How to retain ownership of my birthright

Owning my name given at birth

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answered on Nov 6, 2023

In California, your birth name is inherently yours and doesn't need to be "retained" in the same way property rights are. However, if you're seeking to trademark your name for commercial purposes, you would file an application with the United States Patent and Trademark Office... View More

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