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Trademark Questions & Answers
1 Answer | Asked in Trademark for Tennessee on
Q: DOES STATUS 622 - MISASSIGNED SERIAL NUMBER MEAN THAT SOMETHING DOESN'T HAVE A TRADEMARK?

I am curious as to IF Amanda Bass has a trademark on the phrase "BE REAL, RAW, AND UNCENSORED" which was applied for in 2020.

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answered on Aug 17, 2024

The status code 622, "Misassigned Serial Number," indicates an administrative issue with the application process. It doesn't directly mean that the phrase lacks a trademark, but rather that there may be a technical error in processing the serial number. This could happen if the... View More

1 Answer | Asked in Trademark for Texas on
Q: Is "motorious" up for use? Or is it trademarked

Wanting to trademark this brand name for use

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answered on Aug 17, 2024

To determine if "Motorious" is available for use as a brand name, you'll need to check if it's already trademarked. Start by searching the official trademark databases, like the U.S. Patent and Trademark Office (USPTO) or your country’s equivalent. This will show if someone... View More

1 Answer | Asked in Trademark on
Q: ”Thug life” is trademarked. Does that mean that you cant use that word on a print for a t-shirt and sell it?
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answered on Aug 17, 2024

The phrase "Thug Life" is indeed trademarked, which means it is legally protected for specific uses, such as branding or merchandise. When something is trademarked, it typically restricts others from using that exact phrase in commercial contexts, like printing it on t-shirts and selling... View More

1 Answer | Asked in Copyright, Business Law and Trademark for Oklahoma on
Q: Can I have a paint party for $ teaching to paint a cartoon character of beetlejuice without copyright/trademark issues?

I own a paint party business and love beetlejuice and Halloween. I would love to offer a paint party to teach a cartoon character of beetlejuice in honor of Halloween and the upcoming movie. Is this possible to do without getting in trouble for copyright/trademarks issues?

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answered on Aug 11, 2024

You can hold a paint party focused on general Halloween themes, but using the specific likeness of a character like Beetlejuice can lead to copyright and trademark issues. Beetlejuice is a protected character owned by a company, and using it in a way that could be seen as commercial—like a paint... View More

1 Answer | Asked in Consumer Law, Business Law and Trademark for Oregon on
Q: Can a company sell a product from another company and pretending it's their own, by renaming it & removing all branding?

I bought a product (electric tire pump) through a website. The product was advertised as their own product and all pictures/video had no branding on their product. I received the product through Amazon (with gift receipt) . The issue is that the product was from another company, available at 1/3 of... View More

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answered on Aug 17, 2024

It is not legal for a company to sell a product as their own if they are merely reselling another company's product under false pretenses. This can be considered deceptive marketing and false advertising, which violates consumer protection laws. If they are misleading you by renaming the... View More

4 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Is this a trademark issue?

My business is named Queen Bee Wax Studio and I just received a message from the owner of Queen Bee Salon and Spa saying that she owns the rights to Queen Bee Waxing. We are in the same industry but she's on the west coast and I'm on the east coast. Can she force me to change the name of... View More

Robert Hugh Johnston III
Robert Hugh Johnston III
answered on Aug 9, 2024

I can provide some educational material related to trademarks. If someone has a federal registration on the principal register before another person begins using a mark, the federal trademark owner will be able to enforce it provided that there is a likelihood of confusion. If a person on the West... View More

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1 Answer | Asked in Gov & Administrative Law and Trademark for California on
Q: Human trafficking I'm a single mother me and my son's came from New Mexico they were abducted a year and a half ago I

Have seen in my face , but since I've been out for only not even three years yet I came out here to San Francisco CALIFORNIA to find my two sons xx and xx from Socorro new Mexico

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answered on Aug 7, 2024

I'm so sorry to hear about your situation. The first thing you should do is contact the National Human Trafficking Hotline at 1-888-373-7888 for immediate assistance and advice on what steps to take next. They can provide resources, support, and connect you with local services in San... View More

2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: Am I able to apply for a name that is already trademarked, but has been dead and abandoned for 17 years?
Robert Hugh Johnston III
Robert Hugh Johnston III
answered on Aug 10, 2024

If I understand the question correctly, you mean by “trademarked” that it was once federally registered but now has been abandoned or cancelled. In most situations you could file for a trademark registration for that mark and use that mark. One caution is that it's possible the owner of... View More

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1 Answer | Asked in Trademark for Michigan on
Q: FCA LLC has a trademark for their 7 bar grille design, 2823099. Is it considered infringement of IP if I sell a 6 bar?
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answered on Aug 5, 2024

Selling a 6-bar grille design when FCA LLC holds a trademark for their 7-bar grille design may not automatically be considered infringement. Trademarks are meant to protect distinctive elements that identify the source of a product, so the specific number of bars and the overall design and... View More

1 Answer | Asked in Trademark for Massachusetts on
Q: Can I use a phrase that happens to be trademarked (The Heart of Christmas) as a theme phrase for my church festival?

My church runs a festival each December to raise money for non-profit charities. It is called The Festival of Sharing. Each year we have a theme. In past years we've used Helping Hands Around the World, The Light of the World, etc. This year we wanted to use "The Heart of... View More

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answered on Aug 5, 2024

Using a phrase that is trademarked can be tricky, especially if it's for an event that is public and involves fundraising. "The Heart of Christmas" being trademarked means that there are specific legal protections around its use, particularly in contexts that might overlap with the... View More

1 Answer | Asked in Copyright and Trademark on
Q: A Fortune 5 company is launching a major product under the name of our registered trademark without our consent.

We are a small firm that develops renewable energy products (hardware and software) that use AI for autonomy. We have had our mark in the USPTO since 2019. We are based in Puerto Rico. As a small business, our legal budget is limited. Could I find a firm willing to work our case on contingency?

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answered on Jul 31, 2024

You may be able to find a law firm willing to take your case on a contingency basis. Contingency means the lawyer only gets paid if you win the case, which can be ideal for a small firm with a limited legal budget.

Start by researching law firms that handle intellectual property or...
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1 Answer | Asked in Trademark on
Q: I want to start a company called Kimoyo Industries. Can I legally use the name even tho it is used but not trademarked?

I want to start a nanotechnology company called Kimoyo Industries. I got this name from the Swahili language. The name is used in black panther a famous Marvel comic. It was called Kimoyo beads. I want to know if I can legally use the name Kimoyo even tho they have no relation and to my knowledge... View More

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answered on Jul 31, 2024

Using the name "Kimoyo Industries" for your nanotechnology company is complex due to its association with Marvel's Black Panther. Although it may not be trademarked, Marvel's use of "Kimoyo" in their intellectual property could pose legal challenges.

Even if...
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1 Answer | Asked in Trademark for Indiana on
Q: how can i tell if a trademark application went through and was completed/approved?

It shows Status 630 - New application - not assigned to an examiner.

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answered on Jul 31, 2024

To check if your trademark application has been completed or approved, you'll need to monitor its status on the United States Patent and Trademark Office (USPTO) website. Since your application currently shows "Status 630 - New application - not assigned to an examiner," it means... View More

1 Answer | Asked in Trademark on
Q: Is it alright if I use “Metta World Peace” as a name for my band? It’s trademarked but I can only find info on apparel.
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answered on Jul 31, 2024

Using "Metta World Peace" as a name for your band could potentially lead to legal issues, even if the trademark is primarily registered for apparel. Trademarks can extend to various goods and services, and the name's association with a well-known individual might increase the risk of... View More

1 Answer | Asked in Trademark for Pennsylvania on
Q: I see that "Clear Springs" is trademarked. Could i use Clear Springs Water Solutions?
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answered on Jul 27, 2024

Using "Clear Springs Water Solutions" might infringe on the existing "Clear Springs" trademark, depending on how the trademark is registered and used. Trademarks are protected to avoid confusion among consumers, and using a similar name in the same industry could lead to such... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Kansas on
Q: Is it legal to nickname a character in a story after a trademarked brand? IE, calling someone 'Kool Aid'
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answered on Jul 23, 2024

Nicknaming a character after a trademarked brand, like "Kool Aid," can lead to legal issues. Trademark laws protect brand names to prevent confusion and unauthorized use. Using a trademarked name might be seen as infringing on those rights, especially if it appears to endorse or criticize... View More

1 Answer | Asked in Trademark on
Q: Trademark query

I have a tradmark regitered in the US since 2015, an individual registered the same trademark name in the United Kingdom in 2022, we would like to expand to the UK and register the trademark, are we likely to be rejected do we have any rights as the trademark was already registered in the US many... View More

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answered on Jul 27, 2024

Expanding your trademark to the UK may present challenges since an individual registered the same trademark name there in 2022. The UK trademark office generally gives priority to the first person to register a trademark in their jurisdiction, so your application may face rejection. However, having... View More

1 Answer | Asked in Trademark on
Q: Hello I have discovered several entity's using my trademark, how can I find an attorney.
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answered on Jul 27, 2024

Finding an attorney to help with your trademark issue can be straightforward if you know where to look. Start by checking with your local bar association; they usually have directories of attorneys who focus on intellectual property law. These directories can help you identify lawyers in your area... View More

1 Answer | Asked in Trademark for Florida on
Q: Question about the use of "Ever After High" trademark for a personal use shirt (not for sale)

I want to make a shirt for myself from Mattel's Ever After High (not for sale or profit). Ideally, in the first scenario I would be using the full logo that comes up when searched- the pink heart locket with the logo inside. Second situation, I would be using the white notebook paper version... View More

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answered on Jul 27, 2024

Using the Ever After High logo or related designs for personal use, even if not for sale, can still infringe on Mattel's trademark rights. Trademarks protect the brand's identity, and using any recognizable parts of the logo, including the heart locket, notebook paper version, or the girl... View More

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: A trademark has never been used in commerce, and is only being renewed as an "investment for his kids"

Trademark is "Hannifin", currently registered for international class 025, US class codes 022, 039. By all accounts, it was abandoned. There isn't even a website. The image used to "prove" its use in commerce was a one off embroidery design, and was never sold. On top of... View More

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answered on Jul 20, 2024

You might have some options to address this situation. If the trademark has not been used in commerce, it might be considered abandoned, which could potentially open the door for you to challenge the current registration. One step you can take is to gather evidence of the non-use and any misleading... View More

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