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Arizona Trademark Questions & Answers
2 Answers | Asked in Trademark for Arizona on
Q: What constitutes "use in commerce" in videogame development?

If I am actively developing a video game for downloadable platforms, do I have to wait until I am actually selling my game to register my mark or is announcing the project/maintaining a web presence/updating a devblog enough to constitute "use"?

John Martin Hilla
John Martin Hilla answered on Feb 17, 2020

No, it must be able to actually be purchased by end-users via Google Play, iTunes, or Android store, or other platform, in order to be "in use in interstate commerce."

It is possible to file an "intent to use" prior to this point, while you are in development. Please feel free to access my...
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1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for Arizona on
Q: Question re: intellectual property (software, trademarks), closing a CA LLC partnership, and marital property and debt.

I want to hire someone for legal advice but don't know what type attorney I need.

I had my own IT business prior to marriage. While married I formed a CA LLC partnership with then husband and a family member of his.

I filed for divorce and it went through uncontested, but the LLC... Read more »

Karima Gulick
Karima Gulick answered on Aug 20, 2019

you need a business attorney and possibly a family lawyer as well.

1 Answer | Asked in Trademark for Arizona on
Q: I own a trademark and my website with the name got hijacked by a cybersquatting company. Lost profits ect. Options?

Serial Number87052190

Registration Number5127750


Ahaji Kirk Amos
Ahaji Kirk Amos answered on May 17, 2019

You need to have a consultation with an attorney to discuss your options. There are many.

1 Answer | Asked in Copyright and Trademark for Arizona on
Q: I have designed a few t-shirt designs with specific words on them in addition to the design. will a copywrite protect?

I want to incorporate the names of the local universities mascots into my designs. I have already contacted the 4 major Az universities and they are interested but they suggested I contact companies that already have their permission/ license to print to save me money because of the Universities... Read more »

T. J. Jesky
T. J. Jesky answered on Sep 23, 2018

Copyright protects original works of authorship, whereas a trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

If you haven't done so, you should register your copyright with the...
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1 Answer | Asked in Trademark for Arizona on
Q: Can an ex-felon get a notary commission in the state of Arizona? Felonys were non-violent and not fraud related(2009).

I was commissioned as a notary for Arizona in approximately 1999 to 2005 for an escrow position with a title company. That is what I would be obtaining the new commission for as well

Peter D. Mlynek
Peter D. Mlynek answered on Sep 14, 2018

No. Not unless restored to civil rights. See, A.R.S. 41-312 E 4

(I am not an Arizona Attorney, so there may be more to this. For a more complete answer, see a qualified Arizona attorney).

1 Answer | Asked in Copyright and Trademark for Arizona on
Q: Can I use 'Bea Honeywell' as a stage name when there's a company called 'Honeywell'?

It's a burlesque performer name.

Michael Gerity
Michael Gerity answered on Apr 4, 2018

A trademark provides protection for a name, logo, slogan, etc., as it is used in conjunction with the sale of particular products and/or services. It is quite possible to have multiple trademarks that are the same or similar coexisting in the market, as long as there is no reasonable likelihood of... Read more »

1 Answer | Asked in Trademark for Arizona on
Q: Can I be sued for making shirts of a cactus person? Someone claims to have a trademark for a similar character

How can I know if they truly have a trademark/copyright? Can one single person own the concept of animal/plant heads on human bodies?

Michael Gerity
Michael Gerity answered on Apr 4, 2018

Understand that, in order to have viable trademark rights, either at the state or federal level, the user of a particular mark does not actually have to register their mark. This, then, makes it somewhat difficult for you to know the scope of any rights they may or may not have. If they actually... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Arizona on
Q: I am looking to start up a business that uses memorabilia from like Disney & Marvel ect.. Do I need anything special?

Do I need any special permits or anything to use items around my business?

Peter H. Westby
Peter H. Westby answered on Jan 30, 2018

Before you start your business you should speak with an intellectual property attorney. You may need licenses from Disney, Marvel and others to use their memorabilia, trade names, trade marks, etc. If you do not do this properly, you run the risk of being sued. A lawsuit could ruin a new... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Arizona on
Q: Custom watchmaker question: can a unique dial design, and ensuing way to read time be trademarked and owned?

I am a custom watchmaker who creates dials and watches. I have designed an absolutely unique way to track and read the time of day on a watch dial. This design could be used in clocks also. Here is my question: Can this unique dial configuration be trademarked or maybe copyrighted so that others... Read more »

Benton R Patterson III
Benton R Patterson III answered on Aug 4, 2017

To fully answer your question I would need to know more about the function of the dial configuration. The design may be protected by copyright law if it is not functional. However, the scope of copyright protection may be narrow, leaving room for others to design around your dial. From your... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Arizona on
Q: If I named my company Vive and another company named Revive(TM) makes similar products would this be a TM issue?

Both companies make fitness products.

Michael Gerity
Michael Gerity answered on Jul 28, 2017

The most important issue, though not the only one, is whether there is or is not a reasonable likelihood of confusion with the relevant consumer market. Thus, in general, the more similar the names, the higher the likelihood of confusion, the more similar the products, the higher likelihood of... Read more »

1 Answer | Asked in Business Formation and Trademark for Arizona on
Q: Can my LLC have the same name as a trademarked name? It is in an entirely different industry and geographical location
Michael Gerity
Michael Gerity answered on Jul 21, 2017

There are a lot of variables here that you have not provided, so understand that this answer is making some general comments that may not apply to your exact circumstance. So, in basic terms, multiple businesses can use the exact same name/trademark without conflict so long as there is not a... Read more »

1 Answer | Asked in Trademark for Arizona on
Q: Similar Business Names (Trademark)

I purchased a domain name but didnt think to search if there was already an established business.

When I went to trademark the business name there is already a company with a similar name, same sort of industry but we offer different services.

Lets say I registered -Rotten Tomato-... Read more »

Adam Studnicki
Adam Studnicki answered on Nov 8, 2015

The answer to this question involves looking more closely at the specifics of your situation. A trademark lawyer can review and assist.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal...
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1 Answer | Asked in Trademark for Arizona on
Q: Trademarking Colors

If a competitior has their goods trademarked as a certain shade of blue and our goods is a different shade of blue, would that be considered infringment of their trademark? for example their product is orange and teal blue and ours is orange and royal blue. We currently do not have a trademark to... Read more »

Adam Studnicki
Adam Studnicki answered on Aug 10, 2015

Generally speaking, colors can be trademarked. Also, general speaking, whether a trademark is infringing depends on whether there is a likelihood of confusion, and that's a fact-specific analysis. A lot more information is needed to determine whether your mark would potentially infringe on their... Read more »

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