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Washington Trademark Questions & Answers
1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for Washington on
Q: Can a business competitor use a non-trademarked brand I've created to disrupt my business?

I run a golf academy and have a very successful ladies program "FORE The Ladies". Recently, a neighboring course who hired an ex-employee of mine, began running ads with the Program name "Fore the Ladies" and use a very similar typeface in their paid marketing.

This has... View More

James L. Arrasmith
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answered on Apr 11, 2024

In the United States, even if you haven't federally registered your trademark, you may have some protections under common law trademark rights. Common law trademark rights are established through the actual use of a mark in commerce in connection with goods or services, and these rights are... View More

1 Answer | Asked in Business Formation, Business Law, Copyright, Intellectual Property and Trademark for Washington on
Q: Can I use the term “Line Life” for tshirts for sale?

I see there is a trade mark for these words. Thank you!

James L. Arrasmith
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answered on Mar 8, 2024

When considering the use of "Line Life" for t-shirts you plan to sell, it's important to be aware of existing trademarks on these words. Trademarks are designed to protect the brand identity of businesses across various products and services. If "Line Life" is trademarked... View More

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

.

James L. Arrasmith
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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

3 Answers | Asked in Trademark and Intellectual Property for Washington on
Q: Hi, how do I revive/renew a trademark I filed in 2007 but somehow botched and apparently abandoned?

Trademark serial #77116771

James L. Arrasmith
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answered on Jan 14, 2024

To revive or renew a trademark that was filed in 2007 but later abandoned, you'll need to start by understanding the current status of the trademark. If the abandonment was due to a failure to respond to an office action or failure to file required maintenance documents, the approach might... View More

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1 Answer | Asked in Trademark and Intellectual Property for Washington on
Q: I have a registered trademark, I am using the trademark request form and instagram keeps denying me.
James L. Arrasmith
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answered on Nov 26, 2023

If Instagram is denying your trademark request, it's crucial to review the submission. Ensure that all the documentation you're providing is accurate and complete. This includes proof of your registered trademark and any evidence of its use in commerce.

Sometimes, the issue could...
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1 Answer | Asked in Patents (Intellectual Property), Intellectual Property and Trademark for Washington on
Q: How much would it cost to take over the Trademark patent since it was abandoned for a product/Business I create?
James L. Arrasmith
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answered on Oct 15, 2023

Taking over an abandoned trademark requires filing a new application with the United States Patent and Trademark Office (USPTO). The cost is determined by the type of application you file and any associated legal fees. If you're represented by counsel, their fees will vary based on their... View More

2 Answers | Asked in Trademark and Intellectual Property for Washington on
Q: i want to trademark for clothing brand called chosen or chosen one. is this possible?

i see that there are many companies that all have the same name trademarked, many companies have "chosen one" or "chosen" trademarked. how does this work? does this mean i can also make a brand called chosen and get it trademarked?

Felicia Altman
Felicia Altman
answered on Apr 5, 2023

Only one same or similar trademark can be registered in a class of goods and/or services. In order to find out if your brand/ trademark is available in the required class of goods/services you should consult a trademark attorney or service company. A quick trademark search can be conducted to... View More

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3 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Washington on
Q: I want to know what I could do to make my Idea safe? It’s Build a Bong, similar to today’s Build a Bear but this is 420.

Do I need patent?

N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

Generally speaking, "patent" applies to inventions; "trademark" applies to names, taglines, logos, and other things that identify the source of a specific product or service; "copyright" applies to original works of authorship; and "trade secret" applies to... View More

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4 Answers | Asked in Trademark for Washington on
Q: I would like to file for a trademark

how much would it be ?

David Aldrich
David Aldrich
answered on Feb 25, 2023

There are different costs involved, depending on the details. When filing a trademark application, you file in one or more “classes” (these are categories of goods/services), and the more classes, the greater the cost. There are also costs after filing of the application, which can vary... View More

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1 Answer | Asked in Trademark for Washington on
Q: Is the trademark for Nerd Boss available?

I am looking to possibly take this over if it’s available.

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

There is no live registration for the mark NERD BOSS. There was an "intent to use" application filed in 2018 for apparel, but abandoned in 2019 after opposition from the owner of several marks consisting of (or containing) the word BOSS (HUGO BOSS, BOSS, BOSS ORANGE, BOSS BLACK, BOSS... View More

2 Answers | Asked in Business Formation and Trademark for Washington on
Q: Can I "do business as" the same name as a trademarked name in a completely different industry?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 7, 2021

Maybe

You need to consult with an attorney to review your options and risks

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1 Answer | Asked in Trademark for Washington on
Q: Can I start a company and trademark a name that has been cancelled?

The company cancelled in December 2019. My design and logo would be different from the one they had. However, my company would be similar to the one they had in the sense that I will be selling clothing/apparel. This company was located in California. I will be based online, but may conduct a store... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 17, 2021

Maybe,

consult with an attorney

Just because a trademark is cancelled or abandoned in the USPTO system, it does not mean that they are not using, they may have some rights even if they are not registered.

Best luck!

Marcos

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Washington on
Q: In a trademark, can I protect future additional goods & services that are in progress & haven't been created yet?

I'm planning on creating a book series in which I want to trademark the title. I'm also currently creating a video game to add to this franchise. In the future, I want to file another application to extend my trademark to not only protect my books, but my video games too.

Since... View More

Allison Higgins
Allison Higgins
answered on Nov 12, 2020

Hi there! It is great that you are thinking about IP protections from the very beginning.

From a trademark standpoint you have limited options that far in advance. You can file trademark registrations for things that are not in commerce yet (called an intent-to-use application), but the...
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2 Answers | Asked in Copyright and Trademark for Washington on
Q: Can I put anime designs on t shirts and sell them with the anime title in the name?

I'm trying to design some t shirts based off of anime. However, they are simply inspired by the anime. For example, its not an entire picture of naruto or anything, but like a blue swirl and some yellow and orange lines for naruto. I don't think the designs infringe on any copyright and I... View More

Floyd Edwin Ivey
Floyd Edwin Ivey
answered on Oct 17, 2020

Re: Copyright, your phrases :"...based off or anime..", "..simply inspiredly the anime...", "I don't think the designs infringe..." , "...I am the one creating..." may show willfulness and are troublesome regarding Copyright Infringement. It may be... View More

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1 Answer | Asked in Trademark for Washington on
Q: I converted from an LLC to Corporation I am trying to record it with the trademark office. What information do I need?

I have a trademark that was filed and is currently 1a status. Since we converted I would like to update our application. It says documents are required when submitting the conversion online would this be the certificate of conversion or are they looking for a specific type of document?

Evelyn Suero
Evelyn Suero
answered on Sep 30, 2020

Transfers of ownership/assignments are recorded using the Electronic Trademark Assignment System (ETAS) at the USPTO. It is important to carefully follow the instructions regarding when such assignments may be recorded (typically after filing Amendment to Allege Use).

1 Answer | Asked in Trademark for Washington on
Q: May I know please whether if it is legal to register a special, long-standing word as a company's trademark!?

Hello,

A Word Mark named VIREMEDY and a Trademark as viRemedy have been cited on https://trademarks.justia.com/872/16/viremedy-87216579.html .

However, VIREMEDY has been the special name of a particular remedy since several years ago.

Everyone could simply search the Web for... View More

Michael Gerity
Michael Gerity
answered on Sep 2, 2020

Hello. What is important to remember here is that a trademark is a word/phrase/logo that is used in association with the commercial offering of some kind of product or service. The association with a particular product or service is the key here, as there is no trademark without such an... View More

1 Answer | Asked in Trademark for Washington on
Q: My husband sold a game to a company that is no longer in business and trademark has lapsed. How do we obtain rights?

Discovery Bay Games, Seattle. Game is Two Bridges

Jason Brooks
Jason Brooks
answered on Mar 4, 2020

If a trademark is deemed “abandoned” by the USPTO, then it is a dead mark and any new applicant must start the registration process from the beginning by preparing a new application for registration of that mark. Because of the history of your husband with respect to this game, there may be... View More

1 Answer | Asked in Trademark for Washington on
Q: I am the marketing director of a small Washington State credit union. We want to do a campaign around lowering rates.

We want to say "if your rate is 7% and UP." We want to give away a 12-pack of 7UP with each funded loan. We also want to stack cases of 7UP in our lobby to draw attention to the campaign. Can we say in advertisement "7UP"? Our compliance officer wants to make sure we are not... View More

Tania Maria Williams
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answered on Feb 10, 2020

7UP is a registered mark and using it for commercial gain (i.e. in your advertising) without a license could be problematic. There may be options available to you to be able to do the promotional campaign without running afoul of trademark laws. I have assisted financial institutions with their... View More

1 Answer | Asked in Intellectual Property and Trademark for Washington on
Q: Can a Trademark be similar to another without penalty,i.e. "Happy Place" vs. "Your Happy Place" for example?
John Martin Hilla
John Martin Hilla
answered on Jun 17, 2019

It is important to remember that the purpose of a trademark is to protect consumers' right to know what they are buying and from whom not to provide a creative ownership interest for registrants. If there is consumer confusion, the USPTO will file an Office Action in response to the... View More

1 Answer | Asked in Copyright and Trademark for Washington on
Q: Can I use a well-known Guru's teaching concepts and unlicensed verbiage to create an income producing website?

That's it in a nutshell. I want to use said Guru's concepts and some lose verbiage so I can advertise and gain traction in the community of people that follow her. I found a list of the company's trademarks and none include the terms I want to use. I would not be selling the... View More

Ahaji Kirk Amos
Ahaji Kirk Amos
answered on May 2, 2019

I think you can, so long as you don't use his language or any materials or publications.

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