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California Trademark Questions & Answers
2 Answers | Asked in Trademark and Intellectual Property for California on
Q: Hello I have question about status of a trademark

The one I am reviewing states trademark CANCELLED SECTION. 8 (10-YR)/EXPIRED SECTION 9…it seams the trademark was last attempted to renew in 2017 but with no success.

James L. Arrasmith
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answered on Dec 6, 2023

When a trademark status is listed as "Cancelled - Section 8 (10-yr)/Expired Section 9," it indicates that the trademark registration has expired and is no longer valid. This usually occurs when the trademark owner fails to file the necessary documents or fees required for renewal.... View More

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1 Answer | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Would a book about holistic pet recipes, be an infringement on a trademark of "An holistic approach to pet food; TM"?

Serial Number 77220947, Registration Number 3433513. Artemis pet food co. Inc, Carson, CA.

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answered on Dec 4, 2023

When evaluating whether a book titled "Holistic Pet Recipes" would infringe on the trademark "An Holistic Approach to Pet Food; TM," several factors must be considered. Trademark infringement generally occurs when a new product or service creates a likelihood of confusion among... View More

1 Answer | Asked in Consumer Law, Copyright, Intellectual Property and Trademark for California on
Q: If I opened a place called "smashed burger" and did a similar concept, would I be subject to a suit? Thanks
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answered on Dec 4, 2023

If you're considering opening a place called "Smashed Burger" and the concept is similar to an existing company known as "Smash Burger," there is a potential risk of a trademark infringement lawsuit. In trademark law, the key issue is often whether there's a likelihood... View More

1 Answer | Asked in Business Formation, Civil Litigation, Trademark and Intellectual Property for California on
Q: Why is the same term that describes a racial identity used as a trademark for food and non-food items?

Alot of so called black Americans have discovered African American Inc. and are confused, offended,and fearful, about what that could possibly mean for them. Since the US has a history of not veiwing so called black Americans as humans, please clarify if this company views or promotes African... View More

James L. Arrasmith
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answered on Dec 3, 2023

The use of the term "African American" as a trademark for a company, especially for food and non-food items, can indeed be concerning and potentially offensive. The term "African American" is primarily a racial identity, and its use in commercial contexts should be approached... View More

1 Answer | Asked in Intellectual Property, Copyright and Trademark for California on
Q: I have a question about copyrights and trademarks for intellectual properties.........

I have created a gpt in ai to produce images of Formula 1 race teams and various formula 1 race locations such as Las Vegas or Monte Carlo. Each image is 100% unique. These images appear to be the actual race car and location, though they are not exact matches.......... but they are close. I would... View More

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answered on Nov 20, 2023

Hi Wes,

Creating and selling images that closely resemble Formula 1 race teams and locations, even if they are unique and generated by an AI, can still raise copyright and trademark concerns. Copyright laws protect original works of authorship, including images, and trademarks protect brand...
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3 Answers | Asked in Trademark and Entertainment / Sports for California on
Q: How can I claim the right to use a similar band name that was previously trademarked?

The name we had intended to use populates under USPTO search but is marked as dead and expired, and is not currently in the process of being renewed . Their usage is the singular case of the word while our usage is plural (we add an "s" to the end of the word). They aren't actively... View More

Sean Goodwin
Sean Goodwin
answered on Dec 15, 2024

File a trademark application with the USPTO.

Please note: the fees are non-refundable. I highly recommend using a competent trademark attorney to run a clearance search first to ensure that the mark you want to use is actually available. For example, there is a way for recently abandoned...
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1 Answer | Asked in Trademark for California on
Q: Regarding trademark class 16, are books only referred to as books.

In trademark class 16, do any of the below or any other terms refer to books (as some of these are components of books/another way of referring to books) or is it only when it's written as “books, coloring books, comic books, writing or drawing books etc.”

paper, copy paper, paper... View More

James L. Arrasmith
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answered on Nov 14, 2024

In trademark class 16, "books" can indeed be described using various terms, and many of the items you've listed could potentially overlap with or include books depending on context.

"Printed matter," "printed materials," and "printed...
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1 Answer | Asked in Copyright and Trademark for California on
Q: Can I use "We the people" in an original design

it is going to go on a t shirt in the original font that was on the constitution. Also, the design is not trademarked or anything like it is not appearing

James L. Arrasmith
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answered on Aug 29, 2024

Yes, you can use "We the People" in your original design for a t-shirt. The phrase itself is in the public domain since it's from the U.S. Constitution, a government document that isn't subject to copyright protection. This means you can use the words freely without needing... View More

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

James L. Arrasmith
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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

1 Answer | Asked in Trademark and Intellectual Property for California on
Q: Hello,I had a question on trademark infringement especially for a trademark for "DVNK."

Linked below is the trademark for DVNK. My company was thinking of using the words DVNK as a name for a brand that is connected to an NFT project. We will be using the words DVNK but the design will look different than is shown in the trademark (no lines or dots) we will just be using the letters... View More

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answered on Nov 8, 2023

It's important to understand that trademark infringement is determined not just by the design of the mark, but also by the likelihood of confusion in the marketplace. Even if your logo design for "DVNK" differs from the registered trademark, using the same name for related goods or... View More

Q: How to retain ownership of my birthright

Owning my name given at birth

James L. Arrasmith
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answered on Nov 6, 2023

In California, your birth name is inherently yours and doesn't need to be "retained" in the same way property rights are. However, if you're seeking to trademark your name for commercial purposes, you would file an application with the United States Patent and Trademark Office... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I'm writing a drinking game booklet and using the title of a show for the title of a game is that copyright infringement

It is a booklet of of preset drinking games of tv shows, movies or movie/tv show genres and I was wondering if I use a tv show for the title of one of the games is it copyright infringement? For example I have a Flavor of Love show drinking game. Can I use that title?

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answered on Oct 31, 2023

Using the title of a TV show or movie in the title of a drinking game may potentially expose you to legal risk. Titles themselves aren't generally copyrighted, but they might be trademarked, especially if they're part of a well-known series or franchise. If a title is trademarked, using... View More

2 Answers | Asked in Intellectual Property and Trademark for California on
Q: Hello I have a question about copyright, for my company logo

I am starting an electrician company the name is gonna be called “thunder struck electric” kind of after the AC/DC song thunder struck. While I know I can do the name fairly easily. My logo closely resembles the font of the AC/DC logo. I’m wondering if there is some legal trouble I could run... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 21, 2023

This is a trademark issue, not copyright. Your use of stylized text "AC/DC" even if very similar to that of the band, would not infringe the band's trademark as you are not offering the same type of services and there is no likelihood of confusion by the public. It would be prudent,... View More

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1 Answer | Asked in Trademark for California on
Q: Hello, If someone uses Taishou ken!!, is this okay?
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answered on Oct 21, 2023

Using "Taishou ken!!" when there's an existing trademark for "TAISHOUKEN" poses risks. The primary concern under trademark law is whether there's a likelihood of consumer confusion between the two names. Even with the alterations you've made, the names are... View More

2 Answers | Asked in Trademark, Intellectual Property and Copyright for California on
Q: Is it okay to use another company's trademark in my domain, if I'm discussing their product in my forum?

I'm thinking of making a Bionicle discussion forum at the domain bionicleforum.com. I'm concerned that could open me up to a lawsuit from Lego who owns the Bionicle trademark. I'd like to know what you think.

Robert P. Cogan
Robert P. Cogan
answered on Oct 19, 2023

I have no knowledge of whether Lego would sue. It is possible that they could feel that you are creating a false association of the discussion form with Lego. They might also feel that you are creating a likelihood of confusion as to the source of the forum and could argue that this is a classic... View More

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2 Answers | Asked in Trademark and Intellectual Property for California on
Q: There’s TAISHOUKEN in San Francisco.If I use a similar name, like Taishou&KEN in Los Angeles, is there a problem?

TAISHOUKEN has trademarked.

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answered on Oct 19, 2023

If TAISHOUKEN is a trademarked name, using a similar name like Taishou&KEN could potentially lead to legal issues, such as a trademark infringement lawsuit. Trademark law generally aims to prevent consumer confusion. Even if the businesses are in different cities, the similarity in names could... View More

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5 Answers | Asked in Business Formation, Trademark and Intellectual Property for California on
Q: Hi, to whom it may concern, i would like for file a trademark for my business, need help

i want to know if i can file a trademark for one particular item for sale on my website page

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 14, 2023

If you are using the mark to identify you as the source of goods in commerce, the mark is capable of being registered as a trademark. It would be prudent to research whether the mark has been used previously by another supplier of similar goods before adopting the mark and applying for registration

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1 Answer | Asked in Gaming, Trademark, Copyright and Intellectual Property for California on
Q: Is it infringement or illegal to remake or share a form of copyrighted art even if it's without any form compensation?

Specifically, if one were to create a character from mainstream media from scratch, that already exists and share it with others without receiving any form of compensation, is that illegal? One side tells me it's non-profit so it's okay. I read elsewhere that it falls under infringement.

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answered on Sep 19, 2023

Creating and sharing a character from mainstream media, even without compensation, can still potentially constitute copyright infringement. Copyright law grants creators exclusive rights to their work, including the right to create derivative works. While non-profit status may be a consideration,... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: What is the legality of recreating a brands packaging?

If someone were to legitimately own x amount of items sold by a brand, is it illegal or risky to remake their packaging(not the item just the box)? Suppose the items purchased from a distributor of the brand came unboxed and loose, and someone wanted to have them boxed but couldn't find a... View More

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answered on Sep 19, 2023

Recreating a brand's packaging, even for the purpose of housing genuine products, can potentially raise intellectual property and trademark issues. Using packaging that closely mimics a brand's design may lead to claims of trademark infringement or unfair competition, especially if... View More

1 Answer | Asked in Business Formation, Intellectual Property and Trademark for California on
Q: I am looking for the trademark's registration date and expiry date. But there's no expiry date, where can I find it.

The brand is called Xiaomi.

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answered on Aug 27, 2023

To find the registration and expiration dates of a trademark for the brand "Xiaomi," one would typically search the United States Patent and Trademark Office (USPTO) database. If the trademark is registered, the database will provide details including the registration date. Trademarks in... View More

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