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Arizona Trademark Questions & Answers
4 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: Hi so since it’s abandoned, is Under The Sun available to trademark?
Felicia Altman
Felicia Altman
answered on Mar 19, 2024

Even if a trademark is abandoned does not mean that the mark is available for registration. In order to know if a mark is available start by conducting a quick search on the USPTO for similar registered marks in the same class of goods and services. A search can be complicated and it is recommended... View More

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4 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: Hi so since it’s abandoned, is Under The Sun available to trademark?
Fritz-Howard Raymond Clapp
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answered on Mar 19, 2024

There are several dead and cancelled registrations for the word mark UNDER THE SUN, and some have design elements. But there are also many active registrations for UNDER THE SUN in different categories of goods/services. You should consult a qualified trademark attorney to review your proposed... View More

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4 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: Hi so since it’s abandoned, is Under The Sun available to trademark?
James L. Arrasmith
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answered on Mar 20, 2024

Whether "Under The Sun" is available to trademark depends on several factors, including whether it's currently in use or has been abandoned in the context relevant to your business. Trademark availability is not just about whether a phrase is being used, but also whether it's... View More

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1 Answer | Asked in Trademark and Intellectual Property for Arizona on
Q: If i use the word “Zynbabwe” on a product I want to sell, does that infringe on the trademarked name “Zyn”

Or similar words like zyner or Zynachino that refer to their products. Their trademark products are tobacco and nicotine pouches and that is not the product im trying to sell

James L. Arrasmith
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answered on Dec 6, 2023

Using the word "Zynbabwe" on your product may potentially raise trademark infringement concerns if it is similar enough to the trademarked name "Zyn," especially if it creates confusion among consumers. Trademark infringement is not just about using an identical mark; it also... View More

2 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: Is this word still available for purchase

The word blood ?

David Aldrich
David Aldrich
answered on Sep 13, 2023

Assuming you are asking whether you can trademark this word, that depends on a few details. Are you using it with any other words? Do you want to trademark just the word or a stylized version of the word? And what goods or services do you want to trademark it for? (every trademark is filed in one... View More

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2 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: I recently published a journal and I’m not entirely sure if the title of my journal is trademarked.

The search of the title is returning thousands of results. I don’t know how to narrow down the results to verify whether I can legally use the title or not.

James L. Arrasmith
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answered on Aug 29, 2023

You can conduct a search for existing trademarks on the United States Patent and Trademark Office (USPTO) database to see if the title of your journal is already registered or pending registration. Keep in mind that not finding a match doesn't guarantee you're free from potential... View More

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2 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: I recently published a journal and I’m not entirely sure if the title of my journal is trademarked.

The search of the title is returning thousands of results. I don’t know how to narrow down the results to verify whether I can legally use the title or not.

Fritz-Howard Raymond Clapp
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answered on Aug 27, 2023

The title of a work is not capable of being copyrighted, so it is no surprise to find many instances of exact phrases repeated in descriptive titles. If the title were to be very strongly associated with its source, it might be claimed as a trademark, and could conceivably be infringed if the... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Arizona on
Q: Commercial Educational book Infringement

Hello, I wrote an educational book a few years ago and have cited all the material. I did not get permission to use any resources that I found online, as well as images used. However, the work has a cited page and all in-text citations (including the diagrams from Google). I would like to know if... View More

James L. Arrasmith
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answered on Jul 10, 2023

When using copyrighted material in your educational book, it is important to seek permission from the copyright owner, even if you provide proper citations. Simply citing the sources and stating "No infringement intended" does not guarantee protection from copyright infringement. This is... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Arizona on
Q: So can I use “So Cool” on merchandise for free or not

That is all

Alan Harrison
Alan Harrison
answered on Mar 12, 2024

Answering this question accurately would require looking at exactly how you propose to show the words "so cool" and doing a thorough search of government records and the Internet to learn whether anyone else previously had registered or is using a similar looking set of words.

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1 Answer | Asked in Copyright, International Law and Trademark for Arizona on
Q: I have a tshirt company that I’m going to launch the art in the tshirt is found on Pinterest although I had minor change

I had minor changes such as the eyes the post is reposted by some users in Pinterest . Will my art be copyrighted or can I claim the art as my own design .

Tim Akpinar
Tim Akpinar
answered on Jul 14, 2023

This is something that a copyright attorney could answer best, but your post remains open for three weeks. Product liability is more about injuries from dangerous products. You could repost and change the category to "Copyright." Some questions remain unanswered, but you might have better... View More

1 Answer | Asked in Trademark for Arizona on
Q: Does a trademark that has been abandoned still have rights? How do you aquire it?

Trademark" Bitchwear made with an attitude". Serial #74545460

Status:602-abandoned in 1994.

How do I aquire this trademark for myself. Is that even a thing? Because it was abandoned before the process was completed, is the trademark therefore null and void, and I can... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2022

The application to register the mark as an apparel brand was abandoned in 1995 for failure to respond to the trademark examiner's request for info or changes. That does NOT necessarily mean that the applicant's USE of the mark ceased, merely that the mark did not get registered.... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Arizona on
Q: My competitor offers a similar service and uses a very similar domain name. Is this a trademark infringement?

For the past month I have been developing my SaaS product, and on the first day I purchased a domain name. Let's say that the domain is Service.ai.

I was doing competitor research the other day and I found that someone has launched a very similar service on their domain Servicing.ai.... View More

Thomas James
Thomas James
answered on Dec 15, 2021

In the U.S., trademarks arise through "use in commerce." "Commerce" means an actual commercial sale, lease or similar transaction involving a product or service. Reserving a domain name is important, but it isn't enough, by itself, to establish a trademark right. If the... View More

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1 Answer | Asked in Copyright and Trademark for Arizona on
Q: If I were to start a clothing brand named BRAINDEAD would I fit the criteria for a lawsuit?

If I did start the brand it would have my own original ideas and style. The only thing that would match would be the name BRAINDEAD, nothing else. Do you think I would still be applicable for a lawsuit?

Benjamin Charles Korray
Benjamin Charles Korray
answered on Dec 7, 2021

Before launching your brand you should conduct thorough trademark research. Trademark research will show you what companies are using that same name or a similar name. Based on such research, you can then make a good determination about whether you'd be exposing yourself to a lawsuit... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Arizona on
Q: Can I print a similar design but with different wording and logo as the texas roadhouse logo without infringing trademak
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 28, 2020

Depends on how similar it is.

You should consult with an attorney.

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3 Answers | Asked in Intellectual Property and Trademark for Arizona on
Q: I was contacted by someone who says they own the trademark to a brand that I have been using since 2008. They filed 2015

How can I go after them to reverse the Trademark?

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Sep 6, 2020

First, a point of clarification - a trademark and a trademark registration are not the same thing... they're kind of like a car and its title, or a house and its deed.

If you've been commercially using your mark since 2008 without a federal trademark registration, you have what...
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2 Answers | Asked in Trademark for Arizona on
Q: If full send is trademarked, how would we go about getting full send AZ trademarked?
Evelyn Suero
Evelyn Suero
answered on Aug 30, 2020

The USPTO handles federal trademark registration. However if this other trademark is registered, adding just a few letters to the name name may not be enough to overcome a likelihood of confusion refusal particularly if the marks are used in the same or related class/categories. Consult with a... View More

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1 Answer | Asked in Trademark for Arizona on
Q: if i am producing a product that uses another product, do I have to get the permission from the product I am using ?
Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Aug 27, 2020

Maybe. If the other product is patented, it might act as a "blocking" patent against your product. This can occur if a claim of the patented product "reads on" your end-product (e.g., if your product has each and every element, or substantial equivalent, of one of the related... View More

2 Answers | Asked in Trademark for Arizona on
Q: Do I have the rights to a trademark that I used first, but another company filed 2 years after my use?

I wrote a business plan in November 2017 for a ready-to-drink nootropic coffee beverage. I planned on using the name Cognitive Coffee and have emails documenting this. I now want to start the company but on April 15, 2019 Terrasoul Superfoods trademarked Cognitive Coffee for a powdered coffee with... View More

Tania Maria Williams
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answered on Jul 22, 2020

Creating a business plan won't constitute the "use" required by the statute for a trademark registration. The USPTO will likely issue a refusal because the goods are similar and the likelihood of confusion would exist. Please feel free to call or email me if I can assist you further.

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1 Answer | Asked in Trademark for Arizona on
Q: Luna Wellness is a registered trademark per this website. What's the best way to obtain the rights to luna wellness ?

Just starting the company (health and eventually expanding to nursing services).

Evelyn Suero
Evelyn Suero
answered on Jun 22, 2020

You can try contacting the registered owner and negotiating a purchase or license of the trademark.

1 Answer | Asked in Trademark for Arizona on
Q: Trademark registration in AZ

I own two-word domain name as an example, "GuideExample.com," I purchased this domain many years ago due to the name "GuideExample" it was first used by the previous company in 2002 to sell digital products and services till May 2008.

When using basic word mark search... View More

Tania Maria Williams
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answered on May 1, 2020

When you say "first used by the previous company" did you purchase the business and the goodwill that went along with it? If not, the use date is based on your first use of the mark in commerce. You can't stack your use on the use of someone else if they are not a predecessor in... View More

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