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Illinois Trademark Questions & Answers
2 Answers | Asked in Trademark for Illinois on
Q: If a trademark is cancelled does the owner still have rights to it
Evelyn Suero
Evelyn Suero answered on Jun 30, 2020

Possibly, trademark cancellation refers to the trademark's registration. The mark may have been cancelled as a result of an opposition proceeding by a competing trademark owner or the USPTO may have cancelled the mark for failure to maintain required filings, in which case this trademark... Read more »

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2 Answers | Asked in Intellectual Property and Trademark for Illinois on
Q: How can I buy off a trademark?

I’m trying to see if could buy off from the owner this trademark 86480383

Kathryn Perales
Kathryn Perales answered on Jun 19, 2020

You can look up a trademark owner's contact information at tsdr.uspto.gov. You can then contact the trademark owner, and make your offer. You may want to seek business and legal advice to make sure you offer an appropriate price, and to make sure the trademark is assigned to you properly... Read more »

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1 Answer | Asked in Trademark for Illinois on
Q: If a state name is trademarked in Clothing, eg: "Connecticut", can you still use this basic word in apparel?

I understand that you cannot use the stylized version of the word (eg: logo) belonging to the filer; however, I am confused as to whether or not the trademark prevents individuals from using this basic word.

Evelyn Suero
Evelyn Suero answered on May 25, 2020

Many basic words are used as trademarks. Your use of even a part of the trademark in the same category/class of goods may be confusingly similar to consumers and will likely be deemed as infringement. Also, the trademark office may reject such an application for registration on the basis of... Read more »

2 Answers | Asked in Trademark for Illinois on
Q: I would like to obtain an abandoned trademark, serial number 86750210. What is the process.
Barbara Berschler
Barbara Berschler answered on May 11, 2020

While the designation on the USPTO may say "abandoned", it does not mean that the owner of the mark is not continuing to use it. It just means that the person failed to deliver the materials/information required by the USPTO to proceed. It would be good for you to do a thorough search... Read more »

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2 Answers | Asked in Copyright and Trademark for Illinois on
Q: Is it legal to print the phrase “don’t worry be happy” onto a sweatshirt?
Tania Maria Williams
Tania Maria Williams answered on May 7, 2020

Probably not if the copyright in the song is still active.

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1 Answer | Asked in Trademark for Illinois on
Q: If I take over this trademark what will happen to their youtube page? What exactly does this trademark cover?

RYAN'S WORLD - Trademark Details

Status: 602 - Abandoned-Failure To Respond Or Late Response

Serial Number87770633

Goods and ServicesStreaming of audio and video materials on the Internet; broadcast communication services, namely, transmission of data, graphical... Read more »

Evelyn Suero
Evelyn Suero answered on May 7, 2020

In the United States, trademark rights under common law are based on priority of use, not registration. It is possible that this trademark owner has continued to use the trademark, but just simply failed to file the necessary maintenance failings in order to keep the registration alive. Your use... Read more »

1 Answer | Asked in Copyright, Estate Planning, Intellectual Property and Trademark for Illinois on
Q: Can a fingerprint be trademarked to protect intellectual and pyshical property?
Tania Maria Williams
Tania Maria Williams answered on Feb 20, 2020

Trademark protection is based on use as a source identifier of goods or services. If that fingerprint isn't identifying the source of a good or service, the likely answer is no.

2 Answers | Asked in Copyright and Trademark for Illinois on
Q: Would use a name like 'Madhatter Custom PC Mods' for a business, YouTube channel or Social Media name infringe on Disney
Robyn T. Williams
Robyn T. Williams answered on Feb 18, 2020

If you'd like to use "Madhatter Custom PC Mods" for a PC modification business, this likely not an infringing use. Having an IP attorney complete a clearance search for the name being considered is best before you expend resources on commercial projects.

Robyn T. Williams...
Read more »

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3 Answers | Asked in Business Formation, Intellectual Property and Trademark for Illinois on
Q: I want to trademark "Trill Apparel" but "TRILL APPAREL CLOTHING COMPANY" is taken.

Our company also does clothing but we would trademark it as "Trill Apparel" and not "Trill Apparel Clothing Company". Would we be able to do this?

Jason Brooks
Jason Brooks answered on Jan 31, 2020

Because of the substantially similar nature of your proposed mark to that already registered mark, your application would very likely be rejected by the USPTO for "likelihood of confusion." When making their decision, the Examining Attorney examines the proposed mark as a whole, and... Read more »

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1 Answer | Asked in Copyright and Trademark for Illinois on
Q: If my wife has a medical drawing that she wants to sell and protect her rights to the drawing what is the process?
Sindee Levin
Sindee Levin answered on Dec 6, 2019

I assume what you want is to be sure the drawing is covered under US Copyright Law. Once an item is put into a tangible medium it is copyrighted under US Copyright Law. However, to receive damages if someone infringes on your artwork, you need to file with the US Copyright Office. You can... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: Thanks for the opportunity to ask a quick question. I take note that Cannei has a trademark on the game SET. If I only

incorporated their play mechanics but none of their artwork, would that be allowed under trademark, copyright and patent law? Thanks.

John Martin Hilla
John Martin Hilla answered on Jun 24, 2019

This is a patent question. From the trademark standpoint, the mechanics of a game, or software coding, etc., is not a subject-matter of trademark law or with which trademark registration with the US Patent and Trademark Office is concerned. Trademark protection is extended to the word mark (name,... Read more »

1 Answer | Asked in Trademark for Illinois on
Q: Word Phrases?

Our company just received a trademark violation for “we droppin”. We are using “where we droppin boys” on pajamas. That phrase is not trademarked. They are claiming we are infringing on their trademark. Are we?

Griffin Klema
Griffin Klema answered on Mar 22, 2019

You need to consult a lawyer. It's not possible to provide you with an answer without more information. Send the cease and desist letter to the lawyer so they can evaluate the issues. If it's a federal trademark, I would be happy to discuss this further with you. 202-713-5292.

1 Answer | Asked in Copyright and Trademark for Illinois on
Q: Would I be infringing on Hasbro, Inc. for using "Connect4" or "Connect "Four"" to use for a game for a trade show?

I have a big show (100,000+ attendees) coming up for contestants to win a certificate if they happen to win on a larger version of the Connect4 game. I am making up a sign to use for this game, but do not want to infringe on any trademarks.

The slogan we are wanting to use is... Read more »

T. J. Jesky
T. J. Jesky answered on Sep 8, 2018

I checked the government's website at www.uspto.gov and looked-up "Connect 4." Yes, the trademark was filed by Hasbro; however, it appears that the trademark as yet to be issued.

This means that Hasbro does l not have trademark protection during this pending period. If...
Read more »

1 Answer | Asked in Trademark and Intellectual Property for Illinois on
Q: What does abandonment-no statement of use filed

I want to know if someone LLC something. but, when I researched it gave me the statement

T. J. Jesky
T. J. Jesky answered on Sep 8, 2018

The term, "ABANDONED - NO STATEMENT OF USE FILED" is used by the U. S. Trademark Officer. It means when the applicant has not replied to the Trademark office and the applicant has failed to file "statement of use" then, USPTO abandons the mark. The mark is not valid anymore... Read more »

1 Answer | Asked in Trademark for Illinois on
Q: I'm opening up a new retail store and want to know if I can use a trademarked company name to describe my store.

I want to remain anonymous so I'll just use a made up example. Let's say there was a company called "Home Improvement Shop" and that company had a trademark on that name. Could I start a company called "Do-It-Yourself Depot", and then under that say "Home... Read more »

Benton R Patterson III
Benton R Patterson III answered on Nov 1, 2017

An attorney would need to review the exact language. Based on the limited information, this probably is trademark infringement because it would likely result in confusion of the source, sponsorship, or affiliation with the other company's trademark. A federal trademark provides nationwide... Read more »

3 Answers | Asked in Trademark for Illinois on
Q: what's the best way to start? I Have My Logo which I Design,I Want To Make tees / caps with my logo I Dont Have Any TM

I Dont Have Any TradeMark register, I'm interest to do it, and basically get my logo protect and my others logos for my respective names of projects (talking About Record Label, Graphics,And Music Productions)

Clothing namely, shorts,caps, hat, jerseys,blouses, shirts, T-shirts,

Yan Zong
Yan Zong answered on Oct 23, 2017

Hi, if you already have the design of the logo, you need to ask a lawyer or agent to help you search whether other similar/same logo existing.

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1 Answer | Asked in Intellectual Property and Trademark for Illinois on
Q: Is this legal to use on a tee shirt of your own design https://trademarks.justia.com/858/68/supreme-85868057.html

Can that trademark be used on a shirt like at https://mikethebear.com/

Michael Gerity
Michael Gerity answered on Aug 1, 2017

Hello. The trademark application in the link actually never got registered. They filed the application as an "intent to use" application, meaning that they were not using the mark in commerce at that time, but intended to do so at some time in the future. Their application was allowed... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: I want to trademark UNLABELED FOR my clothing brand. Is it already taken ?
Griffin Klema
Griffin Klema answered on Jun 11, 2017

You can search for federal trademarks at the USPTO via the TESS system. There are two possible registrations that may prevent you from securing a trademark: "Unlabeled Society" and "Unlabeled State of Mind." Both are registered in international class 25 (clothing). So, if you... Read more »

1 Answer | Asked in Business Formation, Business Law, International Law and Trademark for Illinois on
Q: Starting a business. Company in Thailand is already using same name in a related field. Can I use the name or no?

Looking to start a business. Initial research indicated that the name selected was unused. Bought domain. Further research uncovered a company in Thailand using the same name in virtually the same field. Overlap in business/target market unlike as they're in Thailand and I'm in US but not... Read more »

Glenn B. Manishin
Glenn B. Manishin answered on Jan 11, 2017

Trademarks and trade names are jurisdiction-specific. If the name is not used or registered in the US, you are free to use it here...but of course no in Thailand.

1 Answer | Asked in Trademark for Illinois on
Q: If a company uses a new logo, can I take their old one and use it without permission?

I am trying to make merchandise to sell that has a company's logo on it. They did not give me their permission. Now they have a new, different logo. Can I use the old one for my merchandise?

Changi Wu
Changi Wu answered on Sep 8, 2015

It depends. If the company abandoned the trademark, the trademark becomes unenforceable. A trademark is presumptively abandoned if the trademark is not used for three consecutive years. However, the company owning the trademark can rebut the presumption by providing evidence that the trademark is... Read more »

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