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Hawaii Trademark Questions & Answers
2 Answers | Asked in Business Formation, Business Law, Intellectual Property and Trademark for Hawaii on
Q: I need to get my trademark registered back in my name ASAP
James L. Arrasmith
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answered on Dec 4, 2023

To regain a trademark that was previously in your name, the first step is to understand how and why the trademark is no longer under your ownership. If the trademark was inadvertently abandoned or transferred to someone else, the specific circumstances will dictate the course of action.

If...
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1 Answer | Asked in Trademark and Intellectual Property for Hawaii on
Q: is splash bag trademarked?
James L. Arrasmith
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answered on Aug 6, 2023

To determine if "Splash Bag" is trademarked, you should conduct a thorough search of the United States Patent and Trademark Office (USPTO) database or other relevant sources to check for existing registrations or pending applications for the term "Splash Bag." This search will... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Hawaii on
Q: Can I start a podcast with the same name as a documentary film from several years ago? Not quite same focus (see details

I want to start a podcast called gun stories (pretty generic name.). When I do a trademark search, there's a documentary called gun stories. Our podcast is interviewing people about their stories about guns. The documentary was about the history of guns.

Matthew Nuzum
Matthew Nuzum
answered on Mar 15, 2023

Yes, you can, but if your podcast is deemed confusingly similar to the prior uses then you may be approached to change the name or reduce the chance of confusion. And, by the way, doing a trademark search is not the best way to see if there's a conflicting usage of the name. The purpose of a... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Hawaii on
Q: Can I start a podcast with the same name as a documentary film from several years ago? Not quite same focus (see details

I want to start a podcast called gun stories (pretty generic name.). When I do a trademark search, there's a documentary called gun stories. Our podcast is interviewing people about their stories about guns. The documentary was about the history of guns.

James L. Arrasmith
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answered on Mar 29, 2023

It is possible to start a podcast with the same name as a documentary film from several years ago, but it may be risky due to potential trademark issues. The documentary may have a trademark for the name "Gun Stories" in relation to entertainment or documentary services. If you use the... View More

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1 Answer | Asked in Trademark for Hawaii on
Q: I’m producing a fashion exhibition with a vintage privately-owned collection. Do I need a trademark license?

The exhibition venue is available to the public, but the admission is ticketed. The fashion brand is a well-know public-facing entity, though, they do not have any affiliation with this exhibition. I am marketing and advertising this as an “honorary tribute and retrospective” and am making sure... View More

Fritz-Howard Raymond Clapp
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answered on May 26, 2022

Use of the trademark to identify the goods exhibited, so long as they are authentic and not counterfeit, is allowable and referred to as "nominative fair use" of the brand. It would be prudent, however, to state in promotional materials that the exhibitor is not affiliated with the brand... View More

1 Answer | Asked in Trademark for Hawaii on
Q: This is my company logo that has been stolen from me. Does this show that J & S own this trademark?

I temporarily closed my company down in 2013 due to my son's death. I want to restart my company and when I researched this I found J & S claiming Heaven 's Cookie as theirs. The details are incorrect but the general idea of a cloud with the name inside is the same. The font used... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 13, 2021

you should consult with an attorney

did you ever register the mark?

how long did you stop using it?

what products do you make and they make?

1 Answer | Asked in Trademark for Hawaii on
Q: I would like to trademark a term that has been previously abandoned by someone else - what's the process?

The trademark is marked as abandoned, I don't know the previous owner and do not see the term in use.

Robyn T. Williams
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answered on Feb 11, 2020

If you'd like to file an application for federal registration of a trademark that was previously registered by another, you should first have a comprehensive search conducted. If there are no problematic references located during the search, you will be able to file an application for... View More

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