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Georgia Trademark Questions & Answers
3 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Georgia on
Q: Can I register a brand name already trademarked under section 45 for clothing (section 25) and bracelets (section 14)?

I want to start a brand using the name 'Khmhk - Know Him and Make Him Known' for clothing and bracelets, which falls under trademark classes 25 and 14. The name is currently taken under section 45. Is it possible for me to register and use the same name for my products?

Alan Harrison
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answered on Sep 9, 2025

I think you might have meant that someone else has filed an application to register the name under class 45 for "providing on-line computer databases and on-line searchable databases in the field of social networking • providing a resource website featuring information in the field of... View More

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3 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Georgia on
Q: Can I register a brand name already trademarked under section 45 for clothing (section 25) and bracelets (section 14)?

I want to start a brand using the name 'Khmhk - Know Him and Make Him Known' for clothing and bracelets, which falls under trademark classes 25 and 14. The name is currently taken under section 45. Is it possible for me to register and use the same name for my products?

Evelyn Suero
Evelyn Suero
answered on Sep 2, 2025

The search for confusingly similar trademarks typically includes a search within the class of goods or services you want to use as well as within "coordinated classes" used by the USPTO for other classes that are related to your class or within the natural "zone of expansion" of... View More

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4 Answers | Asked in Trademark, Business Law and Intellectual Property for Georgia on
Q: Received a cease-and-desist letter for my unreleased game's title claiming trademark infringement. Title uses a common word related to hunters, stylized differently. Company demands permanent word usage stop in media. Seeking chances if escalates to legal case.

I am a solo game developer who has received a cease-and-desist letter from a company claiming trademark infringement over my unreleased game’s title. The company’s trademark is stylized and applies to a game with a similar but not identical name. My game title uses a different spelling, is in... View More

David Aldrich
David Aldrich
answered on May 12, 2025

To answer your specific question, the fact that one name is stylized and the other is not is usually insufficient, by itself, to distinguish the marks for purposes of trademark infringement. However, it sounds like there are a number of differences in this case, and it is difficult to do any kind... View More

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2 Answers | Asked in Intellectual Property, Business Law, Internet Law and Trademark for Georgia on
Q: Can I repackage perfumes from big brands under my own brand name legally?

I want to buy perfumes in bulk from manufacturers, repackage them into smaller bottles, and sell them under my brand. These perfumes are originally from big international brands, but I plan to use my own logo and trademark on the packaging without referencing the original brands. I don't have... View More

Jeremy Malcolm
Jeremy Malcolm
answered on May 1, 2025

Yes, you can do this, but there are some requirements you have to comply with. Obviously doing it the other way around - selling your own perfume under another manufacturer's brand - would not be OK at all. But since you are not claiming any affiliation with the original manufacturer, their... View More

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2 Answers | Asked in Trademark, Business Formation, Intellectual Property and Business Law for Georgia on
Q: Can I use a trademarked business name if it's abandoned for over 2 years?

I'm interested in using a business name that has been registered as a trademark but appears to be abandoned for over 2 years. I plan to use it for the same type of business. I haven't conducted any research to determine if the name is still legally protected or associated with any entity.... View More

Sarah Teresa Haddad
Sarah Teresa Haddad
answered on Apr 1, 2025

The mark will be considered abandoned if its use in commerce or trade has been discontinued with intent not to resume the use. Intent not to resume may be inferred from circumstances.

Nonuse for 3 consecutive years is prima facie evidence of abandonment. The burden of proof then shifts...
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2 Answers | Asked in Trademark, Business Formation, Business Law and Intellectual Property for Georgia on
Q: Could I face legal issues using "The Property Princess 706" for my real estate business?

I am considering using the name "The Property Princess 706" for my real estate business, while “The Property Princess” is a registered trademark. I don't intend to trademark my name and there are no similar trademarks in my area. Could I potentially face legal issues for using... View More

Dominique Young
Dominique Young
answered on Mar 26, 2025

You could face an opposition if you attempt to use or register your requested business name for trademark protection. Because your intended business is within the same realm as another registered trademark, your best course of action will be to speak with a trademark attorney. They will run a... View More

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2 Answers | Asked in Intellectual Property, Patents (Intellectual Property), Copyright and Trademark for Georgia on
Q: Legal issues in manufacturing custom "magic 8 ball" with unique answers and branding?

I want to create and sell a custom ball-shaped product similar to a "magic 8 ball," with a different color, my own logo, and 20 unique answers. I know Mattel owns the patent and the traditional answers might be copyrighted. Are there any legal issues I should be aware of before... View More

Babak Akhlaghi
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answered on Mar 10, 2025

Based on my limited review, the patent family for Mattel's "Magic 8 Ball" patents appears to be either abandoned or expired. You can reference this here: https://patentcenter.uspto.gov/applications/10139148/continuity?application=. For patents that are abandoned or expired, there... View More

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2 Answers | Asked in Intellectual Property and Trademark for Georgia on
Q: Is "Turbo Shine" still trade marked?
James L. Arrasmith
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answered on Jul 21, 2024

For the most accurate and up-to-date information, entering the specific trademark serial number or registration number related to "Turbo Shine" will yield the best results. If you have further questions or need assistance, the USPTO's Trademark Assistance Center can provide support.

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2 Answers | Asked in Intellectual Property and Trademark for Georgia on
Q: Is "Turbo Shine" still trade marked?
Bao Tran
Bao Tran
answered on Jul 25, 2024

here are some steps you can take to verify the trademark status:

Steps to Verify Trademark Status

Search the USPTO Database: Visit the United States Patent and Trademark Office (USPTO) website and use their Trademark Electronic Search System (TESS) to search for "Turbo...
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1 Answer | Asked in Intellectual Property and Trademark for Georgia on
Q: I'm looking at the Soul Train trademark details. Is it possible to TM that name now? Cancellation is pending.

I'd like to know the boundaries around the use of the name Soul Train and if it is up for sale.

James L. Arrasmith
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answered on Jul 2, 2024

To provide accurate information about the current status of the "Soul Train" trademark and its potential availability, I'd need to check the latest records from the United States Patent and Trademark Office (USPTO). However, I can offer some general guidance based on trademark law... View More

1 Answer | Asked in Trademark and Intellectual Property for Georgia on
Q: What should i trademark as a music producer
James L. Arrasmith
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answered on Mar 31, 2024

As a music producer, there are several elements you might consider trademarking to protect your brand and intellectual property:

1. Artist name or stage name: If you produce music under a specific name, trademarking it can prevent others from using the same or a similar name in the music...
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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Georgia on
Q: Is the phrase, "Straight Outta" available for legal use?
James L. Arrasmith
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answered on Mar 15, 2024

The phrase "Straight Outta" is well-known and often associated with the music and entertainment industry, particularly with the hip-hop group N.W.A. and their album "Straight Outta Compton." If this phrase has been trademarked, its use could be restricted in certain contexts,... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Georgia on
Q: Can someone legally use the acronym 'MAGA' but change a few of the letters to mean something else?
James L. Arrasmith
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answered on Mar 15, 2024

When considering the use of acronyms, particularly one as widely recognized as 'MAGA', it's important to note the context and existing trademark laws. Trademarks protect brand names, slogans, and logos that distinguish goods and services. If 'MAGA' is trademarked for... View More

2 Answers | Asked in Trademark and Intellectual Property for Georgia on
Q: Does one trademark protect the whole class of goods regardless of what I'm currently selling?

I currently sell dog collars and dog leashes, which are both class 18. I plan to soon start selling backpacks, which are also class 18. If I only get the trademark for the collars and leashes, will it also protect the backpacks that I plan to sell later?

T. Augustus Claus
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answered on Feb 8, 2024

In Georgia, obtaining a trademark for specific goods within a class, such as dog collars and leashes in class 18, provides protection for those specific goods but doesn't automatically extend to all goods within the same class. While trademarks are registered under specific classes to broadly... View More

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2 Answers | Asked in Trademark and Intellectual Property for Georgia on
Q: Does one trademark protect the whole class of goods regardless of what I'm currently selling?

I currently sell dog collars and dog leashes, which are both class 18. I plan to soon start selling backpacks, which are also class 18. If I only get the trademark for the collars and leashes, will it also protect the backpacks that I plan to sell later?

James L. Arrasmith
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answered on Feb 23, 2024

Trademarks provide protection for specific goods or services that are covered by the trademark registration. While your trademark registration for dog collars and leashes in class 18 would provide protection for those specific products, it would not automatically extend to cover backpacks or other... View More

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1 Answer | Asked in Trademark and Intellectual Property for Georgia on
Q: How do I trademark my Georgia school's name?

I am seeking to trademark the name of my school, which has been operational for 5 years, in Georgia. What steps do I need to take to ensure the name is protected, and are there any specific forms or procedures required for state registration?

James L. Arrasmith
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answered on Sep 1, 2025

To protect the name of your school in Georgia, you will need to register it as a trademark. The first step is to conduct a search to make sure no one else is already using or has registered a confusingly similar name. You can check both the Georgia Secretary of State’s database and the federal... View More

1 Answer | Asked in Intellectual Property, Trademark and Business Law for Georgia on
Q: Can I use a band’s trademarked name in my song title?

I wrote an original song and want to use a band’s trademarked name in the title. I plan to release the song commercially and the title is intended to pay homage to the band. I haven't obtained permissions or consulted with an attorney. What legal issues should I be aware of or steps should I take?

James L. Arrasmith
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answered on Jun 18, 2025

Using a band’s trademarked name in your song title—especially in a commercial release—raises real legal concerns. Trademarks exist to prevent consumer confusion and protect the reputation of the mark holder. If the song title gives the impression that the band endorses, approves, or is... View More

2 Answers | Asked in Intellectual Property and Trademark for Georgia on
Q: How can I protect my family name, image, and likeness as intellectual property?

I want to protect my family's intellectual property, specifically our name, image, and likeness. What steps should I take to ensure that they are adequately protected, considering potential challenges and concerns in registering trademarks or any other relevant legal protections?

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Jun 19, 2025

Protecting your family name, image, and likeness as intellectual property involves a combination of proactive steps, including the use of trademark and publicity rights. If your family name is used in commerce—for example, in a business, brand, or public-facing project—you may be able to apply... View More

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2 Answers | Asked in Entertainment / Sports, Trademark and Intellectual Property for Georgia on
Q: Concern about trademark issues for school sports channel name "WWSN" without monetization

I want to create a sports channel for my school titled WWSN. I have approval from school officials and do not plan to monetize the channel, but I am concerned about potential trademark issues with the name "WWSN." What steps should I take to ensure there are no legal issues with using... View More

JJ Poole
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answered on Apr 21, 2025

To ensure there are no legal issues with using the name "WWSN" for your school sports channel, you should consider the following steps:

1. Trademark Search: Conduct a comprehensive trademark search to determine if "WWSN" is already registered or in use by another entity....
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3 Answers | Asked in Trademark and Intellectual Property for Georgia on
Q: What trademark class does a podcast fall under?

I want to trademark the name of my podcast, which features conversations about relationships. I have already conducted a search for trademark registration. Additionally, I am offering related merchandise, including t-shirts and coffee mugs. What is the correct class that a podcast would fall under... View More

David Aldrich
David Aldrich
answered on Apr 7, 2025

The question is a little too broad. Simply producing and streaming a podcast would be protected in one class, while downloadable podcasts would be protected in another. In some cases, you would want both. Associated merchandise would be in other class(es), depending on the particular merchandise... View More

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