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Indiana Trademark Questions & Answers

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 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 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 the... 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 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 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 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 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 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 work was published...
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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 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 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 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 have lost... Read more »

1 Answer | Asked in Trademark for Indiana on

Q: What is a certification mark?

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 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 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 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 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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1 Answer | Asked in Trademark for Indiana on

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

Paul Overhauser answered on Mar 21, 2011

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 »

1 Answer | Asked in Trademark for Indiana on

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

Paul Overhauser answered on Mar 21, 2011

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 »

1 Answer | Asked in Trademark for Indiana on

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

Paul Overhauser answered on Mar 16, 2011

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 »

1 Answer | Asked in Trademark for Indiana on

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

Paul Overhauser answered on Mar 16, 2011

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 »

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 answered on Jan 16, 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 have lost... Read more »

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