Indiana Trademark Questions & Answers

Q: If I make ONE tshirt with a logo that is trademarked by someone else can I be sued for copyright infringement?

1 Answer | Asked in Intellectual Property and Trademark for Indiana on
Answered on Jan 14, 2019
Alexander Florian Steciuch's answer
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?

1 Answer | Asked in Trademark for Indiana on
Answered on Sep 11, 2018
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

Q: The law of the Wall of Shame is it legal if you have not been prosecuted or even the law called on you for stealing some

1 Answer | Asked in Criminal Law and Trademark for Indiana on
Answered on Nov 20, 2017
Andrew L. Bennett's answer
Not entirely clear on what you are asking, please provide more detail.

Q: Can I print Bob Ross with my direct to garment business? Still getting confused and nervous about copyright & Trademark

1 Answer | Asked in Copyright and Trademark for Indiana on
Answered on Jun 23, 2017
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.

Q: Can I print Bob Ross on a shirt? I have a direct to garment Printer

1 Answer | Asked in Copyright and Trademark for Indiana on
Answered on Jun 23, 2017
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;...

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?

1 Answer | Asked in Copyright and Trademark for Indiana on
Answered on Feb 28, 2017
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.

Q: Can someone using my trademark as their domain name, be forced to give it to me or stop using it?

1 Answer | Asked in Trademark for Indiana on
Answered on Jan 4, 2012
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

Q: If I file for a trademark, will the trademark office conduct a search for me?

1 Answer | Asked in Trademark for Indiana on
Answered on Mar 23, 2011
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...

Q: What is a certification mark?

1 Answer | Asked in Trademark for Indiana on
Answered on Mar 23, 2011
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

Q: What is a collective membership mark?

1 Answer | Asked in Trademark for Indiana on
Answered on Mar 23, 2011
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

Q: Do I have to register my trademark for it to be valid?

1 Answer | Asked in Trademark for Indiana on
Answered on Mar 23, 2011
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...

Q: Should I conduct a search for similar trademarks before filing an application?

1 Answer | Asked in Trademark for Indiana on
Answered on Mar 23, 2011
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

Q: Where can I conduct a trademark search for trademarks for pending applications and federal registrations?

1 Answer | Asked in Trademark for Indiana on
Answered on Mar 23, 2011
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

Q: What is a "famous" trademark, and why should I care?

1 Answer | Asked in Trademark for Indiana on
Answered on Mar 21, 2011
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...

Q: If I stop using my trademark, does my trademark registration become invalid?

1 Answer | Asked in Trademark for Indiana on
Answered on Mar 21, 2011
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...

Q: My website domain name is similar those of several competitive websites. Can I be sued for trademark infringement?

1 Answer | Asked in Trademark for Indiana on
Answered on Mar 16, 2011
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...

Q: What is the difference between a trademark and a service mark?

1 Answer | Asked in Trademark for Indiana on
Answered on Mar 16, 2011
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

Q: If I file for a trademark, will the trademark office conduct a search for me?

1 Answer | Asked in Trademark for Indiana on
Answered on Jan 16, 2011
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...

Q: Where can I conduct a trademark search for trademarks for pending applications and federal registrations?

1 Answer | Asked in Trademark for Indiana on
Answered on Jan 16, 2011
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

Q: Should I conduct a search for similar trademarks before filing an application?

1 Answer | Asked in Trademark for Indiana on
Answered on Jan 16, 2011
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

317 891-1500

www.overhauser

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