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2 Answers | Asked in Trademark and Intellectual Property on
Q: Sour Patch Kids Trademark Inquiry

Hi there

I am a resin artist and I a currently wanting to purchase 3D prints for some new artwork.

I found the trademark document for Sour Patch Kids Candy on your website but I can buy the 3d print to make models of this character. Is it illegal to make models of this character... View More

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answered on Mar 1, 2024

Creating and selling models of the Sour Patch Kids character, even as part of artwork and not as candy, could potentially infringe on the trademark rights held by the owners of the Sour Patch Kids brand. Trademarks protect the use of specific symbols, designs, or expressions related to goods or... View More

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1 Answer | Asked in Trademark and Intellectual Property for Washington DC on
Q: Can I use the title Shark Tank as a business session name for a small conference without Trademark infringement?

We are a non profit in Washington DC. We are having a Technology conference and have a session where vendors will pitch their Road Safety Product or solution to the audience (the sharks) and the audience will vote for the most innovative. We would like to name the session Shark Tank but want to be... View More

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answered on Mar 1, 2024

Using the title "Shark Tank" for a session in your technology conference could potentially raise trademark infringement concerns, even with the best of intentions. The title "Shark Tank" is a well-known trademark associated with the popular television show where entrepreneurs... View More

2 Answers | Asked in Trademark and Intellectual Property for North Carolina on
Q: do I need to trademark a saying to use on shirts? It doesn't come up in the trademark search so I assume it is available
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answered on Feb 28, 2024

Here are a few key things to keep in mind regarding trademarking a saying for use on shirts:

- Just because a saying doesn't come up in a trademark search doesn't necessarily mean it's available. The USPTO trademark database only includes federal registrations and...
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1 Answer | Asked in Contracts, Intellectual Property and Trademark for California on
Q: Hello, I would like to get permission to sell some Saltburn merch on eBay that I created the items that I will be sellin

selling our T-shirts, hoodies, blankets, socks, posters, crewneck, sweatshirts, canvas posters, and more. I will have Multiple’s of each. And also different colors for each. Also Amazon, and Walmart Etsy

James L. Arrasmith
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answered on Feb 28, 2024

Selling merchandise related to a specific place or brand on platforms like eBay, Amazon, Walmart, and Etsy requires attention to copyright and trademark laws. If "Saltburn" refers to a protected place name, logo, or other trademarked material, you need to ensure you have the right to use... View More

1 Answer | Asked in Intellectual Property and Trademark for Minnesota on
Q: To use the term “Swim A Thon” as a fund raiser, do we need any sort of consent or permission?

We are doing a fund raiser for our local pool. Some wish to call it Swim A Thon…while others fear that using that term could get us into some legal trouble???

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answered on Feb 27, 2024

Using the term "Swim A Thon" for your fundraiser requires a bit of caution due to potential trademark issues. Trademarks protect brand names, slogans, and other identifiers from being used without permission, especially if they could cause confusion among the public or imply an... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: If my legal name is Billy, can I name my business Billy The Kid - Home Repair& Restoration?
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answered on Mar 2, 2024

Choosing a business name is a significant step in establishing your brand and presence in the market. Using your legal name, Billy, as part of your business name, such as "Billy The Kid - Home Repair & Restoration," is generally permissible. However, it's essential to consider a... View More

1 Answer | Asked in Consumer Law, Intellectual Property and Trademark for Wisconsin on
Q: internet law, trademark law and intellectual property law. Can you help for me?

I registered a domain. Facebook sent me a letter not to do anything with the domain. This domain now belongs to Facebook

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answered on Feb 27, 2024

If you've registered a domain and received a letter from Facebook claiming the domain now belongs to them, it’s likely because they believe your domain infringes on their trademark rights. Trademark law protects brands and trademarks from use that could cause confusion among consumers about... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Ohio on
Q: I'm starting a beverage company and would like to name it Moana, but am unsure about if I'm able to use that name.

Obviously Disney has their film titled MOANA, but seeing as it's just the Hawaiian word for Ocean, would I be within my right to use that name in a different industry? Or am I asking for trouble?

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answered on Feb 27, 2024

Choosing a name for your beverage company is a crucial step, and it's understandable why the name "Moana," with its beautiful meaning and connection to the ocean, appeals to you. However, it's important to consider the implications of using a name that is also associated with a... View More

1 Answer | Asked in Trademark and Intellectual Property for Louisiana on
Q: Since Warner Brothers holds the trademark for "BAZINGA!". Can the word bazinga be used such as BazingaCon?
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answered on Feb 27, 2024

Warner Brothers holds the trademark for "BAZINGA!" primarily due to its association with the popular TV show "The Big Bang Theory," where the term gained its fame. The use of "BAZINGA!" in commercial activities, especially those that might suggest an association or... View More

1 Answer | Asked in Trademark and Intellectual Property on
Q: I have been using Soul Powered in my business name (Soul Powered Life, Soul Powered Mind & Body Method) for many years.

I am living in another country and opening a business, so I decided to go ahead and apply for a trademark for Soul Powered M----- (the current name I am using) only to find Soul Powered just got a trademark this last year. Am I still able to trademark my name?

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answered on Feb 27, 2024

Discovering that "Soul Powered" has been trademarked recently can indeed be concerning, especially if you've been using it for many years in your business. Trademark laws are designed to prevent confusion among consumers about the source of goods or services, which means the... View More

1 Answer | Asked in Trademark and Intellectual Property for New York on
Q: how can i open up my case for trademark again?

i filed to trademark my name but it was abandonded to an open action? im not sure

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answered on Feb 26, 2024

If your trademark application was marked as abandoned due to an open action and you're looking to reopen your case, there are steps you can take to address the issue. Understanding why your application was abandoned is crucial. Typically, this happens if a response to an office action was not... View More

3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: It`s possible to add a new business activity, specifically fishing and fishing tools, to my existing trademark registrat

Hi! my name is Katerina,

I`m a manager in Rollun LC company, we`re owners of https://trademarks.justia.com/877/11/mototou-87711348.htm

Please let me know, if i want to add another service by classification ( goods for fishing for example) - what would be right and easier to do -... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 26, 2024

The USPTO only allows applicants and registrants to delete, restrict, or limit the goods and services included in the original application. You may not add goods or services or expand the breadth of the existing goods and services. For additional goods or services using the registered mark, a new... View More

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1 Answer | Asked in Trademark and Intellectual Property for Utah on
Q: Planner company has TM on "Chronic Illness Planner." How can I use those words legally without infringing on trademark?

A planner company (bloom planners) has trademarked the words "chronic illness planner" and I'm wondering what legal ways I can use those words without infringing on the trademark? Chronic Illness and Planner are both generic words but put together for that company, they represent a... View More

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answered on Feb 25, 2024

Navigating the use of trademarked terms requires careful consideration to avoid infringement. When a company has a trademark on specific terms like "Chronic Illness Planner," it means they have exclusive rights to use those terms in certain contexts, particularly in the same industry or... View More

1 Answer | Asked in Trademark, Copyright and Intellectual Property 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

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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 and Intellectual Property 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

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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

2 Answers | Asked in Intellectual Property and Trademark for Massachusetts on
Q: How does a company protect their unregistered mark (used in commerce) from another company filing with intent to use?

Company A has been using a mark in commerce for a year, but has yet to file for registration. Company B files for the mark (same name and class) with intent to use. It is pending, but has not been assigned an examiner yet. How should Company A protect their mark, and prove they have rightful... View More

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answered on Feb 23, 2024

To protect their unregistered mark, Company A should gather evidence of their prior use of the mark in commerce. This evidence can include sales records, advertising materials, website screenshots, and any other documentation that demonstrates the mark's use in connection with their goods or... View More

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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

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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

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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 Trademark for Texas on
Q: Does this trademark cover the words “rig ‘em” without the Derrick in the middle? Or does it cover the design as pictured
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answered on Feb 25, 2024

Understanding the scope of a trademark is key to ensuring you're not infringing on someone else's intellectual property rights. Trademarks can cover a range of elements, including words, phrases, logos, and designs. If a trademark is registered for the specific design that includes both... View More

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

.

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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

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