Indiana Trademark Questions & Answers
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
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.
Q: Is Cubby Bear fed and/or state trademark
I’m planning on opening a sports cafe in Indianapolis area
If you're going to be a Chicago Cubs themed bar, you might need a license from the team. Even if that specific phrase is not trademarked, you could run into problems, and I recommend allocating some of your startup budget to legal counsel on this issue (and perhaps proper licensing, business... Read more »
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
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... Read more »
Q: If I make ONE tshirt with a logo that is trademarked by someone else can I be sued for copyright 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?
I have an LLC and I provide HR serives and business consulting
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... Read more »
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
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
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
Photo, quote, trees
**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... Read more »
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?
Wondering if I can use the logo or image from a business that has been defunct for a long time on t-shirts that I'm selling online.
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?
If someone is using my trademarked name as a domain name registered in the USA is there any way I can get them to stop using it so I can register it?
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?
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... Read more »
Q: What is a certification mark?
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... Read more »
Q: What is a collective membership mark?
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... Read more »
Q: Do I have to register my trademark for it to be valid?
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... Read more »
Q: Should I conduct a search for similar trademarks before filing an application?
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... Read more »
Q: Where can I conduct a trademark search for trademarks for pending applications and federal registrations?
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... Read more »
Q: What is a "famous" trademark, and why should I care?
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... Read more »
Q: If I stop using my trademark, does my trademark registration become invalid?
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.... Read more »
Q: My website domain name is similar those of several competitive websites. Can I be sued for trademark infringement?
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... Read more »
Q: What is the difference between a trademark and a service mark?
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... Read more »
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