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Indiana Trademark Questions & Answers
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... Read 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.... Read 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... Read 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... Read 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.

1 Answer | Asked in Trademark for Indiana on
Q: Is Cubby Bear fed and/or state trademark

I’m planning on opening a sports cafe in Indianapolis area

Griffin Klema
Griffin Klema answered on May 3, 2019

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 »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Indiana on
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
Griffin Klema
Griffin Klema answered on Jan 16, 2019

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... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Indiana on
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
Alexander Florian Steciuch answered on Jan 14, 2019

Yes, you could be sued for trademark infringement. You don't get a freebie trademark infringement.

1 Answer | Asked in Trademark for Indiana on
Q: Do I need a lawyer to trademark my business and logo?

I have an LLC and I provide HR serives and business consulting

Jason Brooks
Jason Brooks answered on Sep 11, 2018

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 »

1 Answer | Asked in Criminal Law and Trademark for Indiana on
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
Andrew L. Bennett
Andrew L. Bennett answered on Nov 20, 2017

Not entirely clear on what you are asking, please provide more detail.

1 Answer | Asked in Copyright and Trademark for Indiana on
Q: Can I print Bob Ross with my direct to garment business? Still getting confused and nervous about copyright & Trademark
Will Blackton
Will Blackton answered on Jun 23, 2017

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.

1 Answer | Asked in Copyright and Trademark for Indiana on
Q: Can I print Bob Ross on a shirt? I have a direct to garment Printer

Photo, quote, trees

Will Blackton
Will Blackton answered on Jun 23, 2017

**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...
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1 Answer | Asked in Copyright and Trademark for Indiana on
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.

Glenn B. Manishin
Glenn B. Manishin answered on Feb 28, 2017

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.

1 Answer | Asked in Trademark for Indiana on
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?

Terrence Rubino
Terrence Rubino answered on Jan 4, 2012

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

1 Answer | Asked in Trademark for Indiana on
Q: If I file for a trademark, will the trademark office conduct a search for me?
Paul Overhauser
Paul Overhauser answered on Mar 23, 2011

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... Read more »

1 Answer | Asked in Trademark for Indiana on
Q: What is a certification mark?
Paul Overhauser
Paul Overhauser answered on Mar 23, 2011

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 »

1 Answer | Asked in Trademark for Indiana on
Q: What is a collective membership mark?
Paul Overhauser
Paul Overhauser answered on Mar 23, 2011

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 »

1 Answer | Asked in Trademark for Indiana on
Q: Do I have to register my trademark for it to be valid?
Paul Overhauser
Paul Overhauser answered on Mar 23, 2011

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 »

1 Answer | Asked in Trademark for Indiana on
Q: Should I conduct a search for similar trademarks before filing an application?
Paul Overhauser
Paul Overhauser answered on Mar 23, 2011

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...
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1 Answer | Asked in Trademark for Indiana on
Q: Where can I conduct a trademark search for trademarks for pending applications and federal registrations?
Paul Overhauser
Paul Overhauser answered on Mar 23, 2011

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...
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