Indiana Trademark Questions & Answers
Q: Can I make and use a logo that is inspired by a tattoo on a character in a movie? silent from 1925, paramount pictures
1 Answer
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Copyright, Intellectual Property and Trademark
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Indiana
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Answered on Jan 16, 2019
Answered on Jan 16, 2019
Griffin Klema's answer
Fascinating hypothetical. The answer probably depends on a few things: Was the tattoo a reproduction of another artist's creation, or based on an existing trademark? If so, have those rights now lapsed or terminated? Was the tattoo a part of the film's original creative makeup? If so, has the studio's rights in the art lapsed or become abandoned? How different is your logo from the original source tattoo?
So, if you really need to know the answer because a new business venture depends...
Fascinating hypothetical. The answer probably depends on a few things: Was the tattoo a reproduction of another artist's creation, or based on an existing trademark? If so, have those rights now lapsed or terminated? Was the tattoo a part of the film's original creative makeup? If so, has the studio's rights in the art lapsed or become abandoned? How different is your logo from the original source tattoo?
So, if you really need to know the answer because a new business venture depends...
Q: If I make ONE tshirt with a logo that is trademarked by someone else can I be sued for copyright infringement?
Alexander Florian Steciuch's answer
Yes, you could be sued for trademark infringement. You don't get a freebie trademark infringement.
Yes, you could be sued for trademark infringement. You don't get a freebie trademark infringement.
Q: Do I need a lawyer to trademark my business and logo?
Jason Brooks' answer
A lawyer is not required to register a trademark but hiring one is always advisable. Preparation of the registration application can be tricky, and an experienced attorney knows how to address Office Actions that may come from the USPTO examining attorney. If you decide you would like to use an attorney in this regard, I'm happy to help. Email me anytime at: jason@altviewlawgroup.com
A lawyer is not required to register a trademark but hiring one is always advisable. Preparation of the registration application can be tricky, and an experienced attorney knows how to address Office Actions that may come from the USPTO examining attorney. If you decide you would like to use an attorney in this regard, I'm happy to help. Email me anytime at: jason@altviewlawgroup.com
Q: Can I print Bob Ross with my direct to garment business? Still getting confused and nervous about copyright & Trademark
Will Blackton's answer
Without the permission of Bob Ross's heirs or Bob Ross, Inc. (whichever is the appropriate rights holder), you will almost certainly open yourself up to legal liability if you print images of or produced by Bob Ross for resale.
Without the permission of Bob Ross's heirs or Bob Ross, Inc. (whichever is the appropriate rights holder), you will almost certainly open yourself up to legal liability if you print images of or produced by Bob Ross for resale.
Q: Can I print Bob Ross on a shirt? I have a direct to garment Printer
Will Blackton's answer
**Using Bob Ross's Paintings**
Bob Ross was born in 1942 and presumably began painting some time before hosting The Joy of Painting, which first went on the air in 1983. I'll assume you're talking about using paintings created on his famous show.
If Bob Ross's work was published after January 1, 1978, it receives the following terms of protection:
Individually authored works: Life of author + 70 years;
Joint works: Life of last surviving author + 70 years;...
**Using Bob Ross's Paintings**
Bob Ross was born in 1942 and presumably began painting some time before hosting The Joy of Painting, which first went on the air in 1983. I'll assume you're talking about using paintings created on his famous show.
If Bob Ross's work was published after January 1, 1978, it receives the following terms of protection:
Individually authored works: Life of author + 70 years;
Joint works: Life of last surviving author + 70 years;...
Q: Is it legal to use an image (such as a sign from a store from the 1900s) on a t-shirt that I intend to sell?
Glenn B. Manishin's answer
It is unlikely, especially if the store is defunct, that anyone current holds a trademark to the logo or company name on the sign. You would be best advised to conduct a trademark search (federal and state) or have one done for you by the many online services offering that function.
It is unlikely, especially if the store is defunct, that anyone current holds a trademark to the logo or company name on the sign. You would be best advised to conduct a trademark search (federal and state) or have one done for you by the many online services offering that function.
Q: Can someone using my trademark as their domain name, be forced to give it to me or stop using it?
Terrence Rubino's answer
it depends. there are alot of factors. you are welcome to call our adam sedia to give him more detail and get an idea. there is no charge for the phone call. you can check him out on our website: rubinoruman.com
it depends. there are alot of factors. you are welcome to call our adam sedia to give him more detail and get an idea. there is no charge for the phone call. you can check him out on our website: rubinoruman.com
Q: If I file for a trademark, will the trademark office conduct a search for me?
Paul Overhauser's answer
Well, the Trademark Office (either Federal or State) will conduct their own trademark search, but it will not be "for you;" it will be to determine whether your mark is confusingly similar to another registered mark. If they find a conflict, they will reject your application, and you will have lost your filing fee. That is why it is a good idea to do a trademark search before you file, or better yet, before you select your trademark.
Paul...
Well, the Trademark Office (either Federal or State) will conduct their own trademark search, but it will not be "for you;" it will be to determine whether your mark is confusingly similar to another registered mark. If they find a conflict, they will reject your application, and you will have lost your filing fee. That is why it is a good idea to do a trademark search before you file, or better yet, before you select your trademark.
Paul...
Q: What is a certification mark?
Paul Overhauser's answer
A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a certification mark is to indicate that certain standards have been met, use of the mark is by others.
Paul Overhauser
www.iniplaw.org
www.overhauser.com
317- 891-1500
A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a certification mark is to indicate that certain standards have been met, use of the mark is by others.
Paul Overhauser
www.iniplaw.org
www.overhauser.com
317- 891-1500
Q: What is a collective membership mark?
Paul Overhauser's answer
A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a certification mark is to indicate that certain standards have been met, use of the mark is by others.
Paul Overhauser
www.iniplaw.org
www.overhauser.com
317- 891-1500
A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a certification mark is to indicate that certain standards have been met, use of the mark is by others.
Paul Overhauser
www.iniplaw.org
www.overhauser.com
317- 891-1500
Q: Do I have to register my trademark for it to be valid?
Paul Overhauser's answer
No. You can establish rights in a mark based on use of the mark in commerce, without a registration. However, owning a federal trademark registration on the Principal Register provides several important benefits, including: Public notice of your claim of ownership of the mark; A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration; The ability to bring an action concerning the...
No. You can establish rights in a mark based on use of the mark in commerce, without a registration. However, owning a federal trademark registration on the Principal Register provides several important benefits, including: Public notice of your claim of ownership of the mark; A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration; The ability to bring an action concerning the...
Q: Should I conduct a search for similar trademarks before filing an application?
Paul Overhauser's answer
Yes, this is always a good idea. Actually, you should conduct a search before you even start using a mark, to reduce the risk that another trademark owner will send you a "cease and desist" letter after you have invested money in promoting your trademark.
Paul Overhauser
www.iniplaw.org
www.overhauser.com
317- 891-1500
Yes, this is always a good idea. Actually, you should conduct a search before you even start using a mark, to reduce the risk that another trademark owner will send you a "cease and desist" letter after you have invested money in promoting your trademark.
Paul Overhauser
www.iniplaw.org
www.overhauser.com
317- 891-1500
Q: Where can I conduct a trademark search for trademarks for pending applications and federal registrations?
Paul Overhauser's answer
A good starting point for conducting a trademark search is the US Trademark Office website, at http://www.uspto.gov/ (then click on Search marks). As you are in Indiana, you can also search Indiana trademarks at http://www.in.gov/sos/business/2374.htm
Paul Overhauser
www.iniplaw.org
www.overhauser.com
317- 891-1500
A good starting point for conducting a trademark search is the US Trademark Office website, at http://www.uspto.gov/ (then click on Search marks). As you are in Indiana, you can also search Indiana trademarks at http://www.in.gov/sos/business/2374.htm
Paul Overhauser
www.iniplaw.org
www.overhauser.com
317- 891-1500
Q: What is a "famous" trademark, and why should I care?
Paul Overhauser's answer
According to the Lanham Act,a “famous” mark under the Lanham Act is: (2) Definitions (A) For purposes of paragraph (1), a mark is famous if it is widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark’s owner. In determining whether a mark possesses the requisite degree of recognition, the court may consider all relevant factors, including the following: (i) The duration, extent, and geographic reach of...
According to the Lanham Act,a “famous” mark under the Lanham Act is: (2) Definitions (A) For purposes of paragraph (1), a mark is famous if it is widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark’s owner. In determining whether a mark possesses the requisite degree of recognition, the court may consider all relevant factors, including the following: (i) The duration, extent, and geographic reach of...
Q: If I stop using my trademark, does my trademark registration become invalid?
Paul Overhauser's answer
The registration does not become invalid, although unless you intend to continue using trademark, you could be deemed to have "abandoned" the trademark, making it unenforcable. A Federally registered trademark is presumed to be abandonded if it is not used for three years. Specifically, 15 U.S.C. §1127 states: Abandonment of mark. A mark shall be deemed to be "abandoned" when either of the following occurs: (1) When its use has been discontinued with intent not to resume such use. Intent not...
The registration does not become invalid, although unless you intend to continue using trademark, you could be deemed to have "abandoned" the trademark, making it unenforcable. A Federally registered trademark is presumed to be abandonded if it is not used for three years. Specifically, 15 U.S.C. §1127 states: Abandonment of mark. A mark shall be deemed to be "abandoned" when either of the following occurs: (1) When its use has been discontinued with intent not to resume such use. Intent not...
Q: My website domain name is similar those of several competitive websites. Can I be sued for trademark infringement?
Paul Overhauser's answer
You might be sued if the names are so similar that consumers might be confused by the similarity. A domain name can constitute a trademark or service mark, and domain names can be registered with the Trademark Office. However, depending on where you are located, you may not be subject to the jurisdiction of a court in another state. This issue is discussed in the following blog posting: http://www.iniplaw.org/2007/02/indiana-court-exterminates-rod.html
Paul...
You might be sued if the names are so similar that consumers might be confused by the similarity. A domain name can constitute a trademark or service mark, and domain names can be registered with the Trademark Office. However, depending on where you are located, you may not be subject to the jurisdiction of a court in another state. This issue is discussed in the following blog posting: http://www.iniplaw.org/2007/02/indiana-court-exterminates-rod.html
Paul...
Q: What is the difference between a trademark and a service mark?
Paul Overhauser's answer
A trademark is used in connection with products (such as TIDE for laundry detergent), while a servicemark is used in connection with services (such as ROTO-ROOTER fo plumbing services). Some marks can be both a trademark and a service, such as DAIRY QUEEN, which is used for both restaurant services, and, for products like ice cream cakes.
Paul Overhauser
www.iniplaw.org
www.overhauser.com
317- 891-1500
A trademark is used in connection with products (such as TIDE for laundry detergent), while a servicemark is used in connection with services (such as ROTO-ROOTER fo plumbing services). Some marks can be both a trademark and a service, such as DAIRY QUEEN, which is used for both restaurant services, and, for products like ice cream cakes.
Paul Overhauser
www.iniplaw.org
www.overhauser.com
317- 891-1500
Q: If I file for a trademark, will the trademark office conduct a search for me?
Paul Overhauser's answer
Well, the Trademark Office (either Federal or State) will conduct their own trademark search, but it will not be "for you;" it will be to determine whether your mark is confusingly similar to another registered mark. If they find a conflict, they will reject your application, and you will have lost your filing fee. That is why it is a good idea to do a trademark search before you file, or better yet, before you select your trademark.
Paul Overhauser
317...
Well, the Trademark Office (either Federal or State) will conduct their own trademark search, but it will not be "for you;" it will be to determine whether your mark is confusingly similar to another registered mark. If they find a conflict, they will reject your application, and you will have lost your filing fee. That is why it is a good idea to do a trademark search before you file, or better yet, before you select your trademark.
Paul Overhauser
317...
Q: Where can I conduct a trademark search for trademarks for pending applications and federal registrations?
Paul Overhauser's answer
A good starting point for conducting a trademark search is the US Trademark Office website, at http://www.uspto.gov/ (then click on Search marks). As you are in Indiana, you can also search Indiana trademarks at http://www.in.gov/sos/business/2374.htm
Paul Overhauser
317 891-1500
www.overhauser.com
A good starting point for conducting a trademark search is the US Trademark Office website, at http://www.uspto.gov/ (then click on Search marks). As you are in Indiana, you can also search Indiana trademarks at http://www.in.gov/sos/business/2374.htm
Paul Overhauser
317 891-1500
www.overhauser.com
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