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Indiana Trademark Questions & Answers
2 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: Is using 2 words out of a 4 word trademark infringement?

Trademark: The Mom Walk Collective

Intended use of Mom Walk:

(my city)Mom Walk

(City) Mom Walk Club

James L. Arrasmith
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answered on Jun 15, 2024

Using two words out of a four-word trademark could potentially be considered infringement, depending on how distinctive and recognizable the original trademark is. The Mom Walk Collective may argue that "Mom Walk" is a significant part of their brand identity, and using it could confuse... View More

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2 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: how can i register an expired trademark

I want top register an expired trademark I see online

James L. Arrasmith
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answered on May 24, 2024

To register an expired trademark that you found online, you need to ensure that it is truly available for registration. First, confirm the trademark's status through the United States Patent and Trademark Office (USPTO) website. Look up the trademark to verify its expiration and ensure that no... View More

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2 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: how can i register an expired trademark

I want top register an expired trademark I see online

Sean Goodwin
Sean Goodwin
answered on May 21, 2024

A trademark clearance search should still be conducted to ensure that the expired mark is truly dead, and there are no pending applications or a family of related marks that can cause issues. The USPTO application fees are non-refundable, and it currently takes approximately one year for the... View More

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1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Indiana on
Q: Can I use my movie title that has the same name as a short film that was made on YouTube 2 years ago from the UK?

I am an independent filmmaker in Indiana and later found out late in my production there exists a short with the same title, a little video that has almost no recognition. My story is different, the only similarity is it involves a pizza delivery. I just want to make sure it's legal without... View More

James L. Arrasmith
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answered on Aug 17, 2024

You're allowed to use the same title as the short film on YouTube, especially since the content, story, and production are different. Titles generally aren't protected by copyright law, which means multiple works can share the same name without infringing on each other's rights.... View More

1 Answer | Asked in Trademark for Indiana on
Q: how can i tell if a trademark application went through and was completed/approved?

It shows Status 630 - New application - not assigned to an examiner.

James L. Arrasmith
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answered on Jul 31, 2024

To check if your trademark application has been completed or approved, you'll need to monitor its status on the United States Patent and Trademark Office (USPTO) website. Since your application currently shows "Status 630 - New application - not assigned to an examiner," it means... View More

2 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: Is naming something the Hoosier Thunder Series a Trademark violation since Hoosier is Trademarked. Hoosier means Indiana

We are wanting to start a sprint car series and want it to be the Hoosier Thunder Sprint car series with Hoosier implying Indiana. Is this allowed?

T. Augustus Claus
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answered on Oct 27, 2023

The use of "Hoosier" in a title might lead to potential trademark issues if there's an existing trademark associated with that term, especially within a similar industry or context. "Hoosier" is trademarked, and while it is a term synonymous with Indiana, the use of a... View More

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3 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: Research on this site shows the word mark HEAVEN ON EARTH trademark abandoned in 2018. How should go about verifying?
David Aldrich
David Aldrich
answered on Sep 25, 2023

There are numerous HEAVEN ON EARTH trademark registrations that have been abandoned. There are also numerous HEAVEN ON EARTH trademark registrations/applications that are live. Each trademark is registered in one or more "classes" (categories of good services). If you are looking to... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Indiana on
Q: can you patent ballon words and phrases on your specialty ballons
T. Augustus Claus
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answered on Aug 2, 2023

if you have a unique and novel method of using words or phrases on specialty balloons that involves a technical process or innovation, you may be able to seek patent protection for that specific process or invention. It's essential to consult with a qualified patent attorney who can evaluate... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Indiana on
Q: If i own a home in the sandestin resort and rent it out by owner, can I use the name sandestin in my groups, ads etc?

For example: A private facebook group named Sandestin Book Direct with Owner

James L. Arrasmith
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answered on Feb 25, 2023

It's not recommended to use the name of a resort or company in the name of your private Facebook group or ads without their permission as it could potentially infringe on their trademark. It's best to check with the resort or company to see if they allow the use of their name in such a... View More

1 Answer | Asked in Trademark for Indiana on
Q: Does a trademark cover every iteration of the symbol/character?.

My logo is the outline of a character I created, so can any artistic interpretation of the character I create, be covered under the same trademark?

David Aldrich
David Aldrich
answered on Feb 8, 2023

Generally, no. When you trademark a logo, the coverage is limited to that particular design and designs that are “confusingly similar” to that design. The devil is in the details. Your trademark registration will not provide protection again “every” iteration of the character. But it will... View More

1 Answer | Asked in Trademark for Indiana on
Q: I just trademarked my business name and I recived a cease and dissise letter tell us to change our name.

Their name isn't I just trademarked my business name and I recived a cease and dissise letter tell us to change our name or we will get sued. Our name is back to Eden Herb Shop and their name is Eden food. They are not trademarked. Is this trademark Infringement? Can they sue us

Erik Špila
Erik Špila
answered on Aug 31, 2022

Dear Mr or Mrs,

at first I would like to say - this situation is quite common and it surely has its solution, so you do not need to panic or be stressed about that.

In modern world you can basically sue anyone for anything, however, your success rate depends not only on good...
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2 Answers | Asked in Tax Law, Business Formation, Business Law and Trademark for Indiana on
Q: Does an online apparel brand, w booth at local fairs need to register as a retail merchant? Or just add sales tax?

It will be sourced through print on demand, so I will not personally be fulfilling the orders, except at the occasional booth set up at a local fair/farmers market. The sales goal is greater than the threshold for collecting tax. It is a sole proprietorship. A trademark application will be... View More

Michael Ray Smith
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answered on Feb 2, 2022

Kudos for thinking about sales tax.

The business (whether a sole proprietor, LLC, corporation, however the business is organized and operated) needs to obtain a Registered Retail Merchant's Certificate to collect and remit sales tax. You will first need a tax ID for the business. If...
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1 Answer | Asked in Business Formation and Trademark for Indiana on
Q: Hi I want to use a fish in my logo for a christian clothing site can I be sued by christian mile or anything like that
London  Davenport Tessener
London Davenport Tessener
answered on Dec 21, 2021

You should hire a trademark attorney to assist you with a trademark search and filing the application for your mark.

3 Answers | Asked in Trademark for Indiana on
Q: I'm trying to get in touch with a Thomas young he handled my trademark a few years ago and I can't figure out which comp

Which company did my trademark?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 14, 2021

You can consult with an attorney and search for your trademark in the system

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1 Answer | Asked in Trademark for Indiana on
Q: hey are pogs still trademarked. like the milk caps
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 26, 2020

Not familiar with pogs.

But it will depend on what the use is.

Consult with an attorney for a search and analysis.

1 Answer | Asked in Intellectual Property and Trademark for Indiana on
Q: How can I contest a trademark claim in which someone is claiming rights to my name and art?

The person who filed an LLC and trademark with indiana is acting in bad faith. I never gave them permission and she is claiming to have rights to "all" my art work. In the legal forms it reads "jane doe owns all rights to art by john doe" I never gave her rights I haven't... View More

Floyd Edwin Ivey
Floyd Edwin Ivey
answered on Oct 16, 2020

This is a contract and interference with business matter and is largely factual in nature. Your cost benefit analysis will guide you in ignoring the party or in getting an attorney to assist you in terminating her complaints. See an attorney who can assist in court in the county where she resides.

2 Answers | Asked in Copyright and Trademark for Indiana on
Q: In 2010 I coined the name ColdArted. I recently discovered someone in Illinois trademarked the same name. What can I do?

In 2010 I coined the name ColdArted (Cold-Arted Creations, ColdArted.webs.com). I started signing my artwork in 2010 with that name. In 2011 I established a Google account with the same name. In 2014 cold-arted creations became a limited liability corporation. That was in the state of Indiana.... View More

John Brendan Riordan
John Brendan Riordan
answered on Jul 23, 2020

There is potentially something you can do. First of all, are you sure that the company you found on google has officially received trademark registration? If not, it would be worth having an attorney conduct a thorough USPTO trademark search for you to see if they have or if they have applied to do... View More

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1 Answer | Asked in Trademark for Indiana on
Q: I want to start a blog and write a book called "Finally Legally Blonde." Legally Blonde is trademarked--can I use it?

I want to trademark the phrase for a blog and book called "Finally Legally Blonde". No one owns the trademark for finally legally blonde though there are several related to the movies Legally Blonde and then salons playing on it too. Can I use finally legally blonde?

Evelyn Suero
Evelyn Suero
answered on Jul 7, 2020

It depends on whether there is a likelihood of confusion between your trademark and the similar trademark. Generally speaking, adding an adverb to the beginning of a trademark in a related class of good or services is usually not enough to overcome the likelihood of confusion among consumers.

1 Answer | Asked in Trademark for Indiana on
Q: How can the term girl dad be trademarked so it can’t be used on anything?
John B. Hudak
John B. Hudak
answered on Jun 23, 2020

Trademark rights are gained by using a mark associated with a good or service. If you start using any mark (word, phrase, symbol) to indicate the source, the mark will have common law trademark rights. If the mark is registered with the federal government and approved then there are greater... View More

1 Answer | Asked in Copyright, Communications Law and Trademark for Indiana on
Q: I took a picture of our Sony camera to use on our website. Do I need permission to use this?

It is an original photo that I took to use as a header on our church website and the name, "Sony" is in view on the side of the camera

Karima Gulick
Karima Gulick
answered on Aug 20, 2019

You don't need permission to use your own photo. However, depending on what your website is about, it would be best to avoid displaying someone else's trademark.

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