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Indiana Intellectual Property Questions & Answers
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 and Intellectual Property for Indiana on
Q: Next fall our festival wants to do a Yellowstone national Park theme and use yogi bear crew as mascs. Can we

We would like to do memes on our Facebook page through the year encouraging events. And have props during festival.

We do a special edition shirt each year of 100 if possible would also like to include yogi with ours& Yellowstone parks in the print

James L. Arrasmith
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answered on Jan 14, 2024

Using Yogi Bear and his crew as mascots for your festival, especially in conjunction with Yellowstone National Park, requires careful consideration of intellectual property rights. Yogi Bear is a copyrighted character owned by Hanna-Barbera, now part of Warner Bros. Entertainment. Therefore, using... 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?

James L. Arrasmith
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answered on Oct 31, 2023

While "Hoosier" is commonly associated with Indiana residents, its use in a trademark context will depend on the specific goods or services associated with the mark. If another entity has a trademark on "Hoosier" for similar goods or services, there could be a likelihood of... View More

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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?
Felicia Altman
Felicia Altman
answered on Sep 26, 2023

A mark can be registered in various classes of goods and services. In order to review if a mark you are interested in is registered you must search the USPTO in connection with the particular goods and services you are looking to use the mark in connection with. A mark could be abandoned in one... 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?
James L. Arrasmith
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answered on Sep 28, 2023

To verify the abandonment of the "HEAVEN ON EARTH" trademark, you can conduct a search on the United States Patent and Trademark Office (USPTO) website or use a reputable trademark search database. Look for the specific trademark registration number and check its status to confirm whether... 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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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Indiana on
Q: How do make the manufacturing industry pay royalties for using our intellectual property?

We are the real Inventors of Confidence Disposable Underwear.

David Aldrich
David Aldrich
answered on Aug 16, 2023

If you patented the invention and someone is infringing that patent, you would typically send what is called a "cease and desist letter" to that company and offer them a license to the patent in exchange for a reasonable royalty. You should contact a qualified patent attorney, who can... View More

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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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Indiana on
Q: can you patent ballon words and phrases on your specialty ballons
James L. Arrasmith
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answered on Aug 5, 2023

Certainly, it's an intriguing concept to patent specific words or phrases used on specialty balloons. Under federal law, patents typically cover inventions or discoveries, such as new processes or products, not words or short phrases. However, you may be able to protect unique words or phrases... View More

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2 Answers | Asked in Copyright and Intellectual Property for Indiana on
Q: is copyrighted music for video game credit scenes considered fair use
James L. Arrasmith
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answered on Jul 28, 2023

Using copyrighted music in video game credit scenes without permission is generally not considered fair use. Fair use is a limited exception to copyright law and is subject to specific legal criteria, such as for purposes of criticism, comment, news reporting, teaching, scholarship, or research.... View More

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2 Answers | Asked in Copyright and Intellectual Property for Indiana on
Q: is copyrighted music for video game credit scenes considered fair use
T. Augustus Claus
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answered on Jul 25, 2023

The use of copyrighted music in video games, including credit scenes, is typically not considered fair use. Fair use is a legal doctrine that allows limited use of copyrighted material without obtaining permission from the copyright owner under certain circumstances, such as for purposes of... View More

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Indiana on
Q: I cannot find the global patent for the magnetic patch cap made by next generation headwear. How do I find this document
David Aldrich
David Aldrich
answered on Aug 3, 2023

Next Generation Headwear has PCT application WO2021259486A1. This is a sort of "global" patent application. It never turns into a patent itself (there is no such thing as a global patent). Instead, you use this to later pursue patent protection in particular countries. In this case,... View More

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Indiana on
Q: I cannot find the global patent for the magnetic patch cap made by next generation headwear. How do I find this document
James L. Arrasmith
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answered on Jul 23, 2023

The concept of global patents is not recognized within the patent system. Instead, there exists a mechanism known as the Patent Cooperation Treaty (PCT) patent application, which serves as the front end for many patent systems, including that of the United States. This application facilitates the... View More

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3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Indiana on
Q: I cannot find the global patent for the magnetic patch cap made by next generation headwear. How do I find this document
Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 17, 2023

There are no global patents. You may be looking for a Patent Cooperation Treaty patent application which is the front end of many patent systems (including the US). If so, you can look here https://patentscope.wipo.int/search/en/search.jsf

This is the search tool run by the World...
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2 Answers | Asked in Business Formation, Business Law, Trademark and Intellectual Property for Indiana on
Q: Can someone make their YouTube series the same name as my company/domain name?

I own my company, website, and domain name “ask a backpacker” someone on you tube have a series with the same name. Isn’t that illegal?

James L. Arrasmith
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answered on Aug 6, 2023

If you own the company, website, and domain name "Ask a Backpacker," you may have common law trademark rights to the name. If someone on YouTube is using the same name for a series in a way that causes confusion or may dilute your brand, it could potentially be considered trademark... View More

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Indiana on
Q: Am I still entitled to recieve my late husbands patent funds eighteen months since his passing? How long do I wait?

My husband passed away five weeks after a patent application was filed. Eighteen months later it was granted by the USPTO. There were other patents, and I did recieve monies to those. I called HR and my calls are not answered, or returned. Same for e-mails.

James L. Arrasmith
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answered on Jul 10, 2023

I'm sorry for your loss. Regarding your late husband's patent funds, it is important to review the specific circumstances and agreements related to the patents. Typically, the entitlement to receive patent funds would depend on factors such as the terms outlined in your husband's... View More

2 Answers | Asked in Copyright, Intellectual Property and International Law for Indiana on
Q: Would there be issues if I made a podcast sharing stories I heard from various social media outlets?

I would give the creator credit, and summarize their stories. Is social media considered public domain? Or would I have to get the creators permission before telling and discussing their stories on a podcast?

James L. Arrasmith
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answered on Apr 2, 2023

Sharing stories from social media on a podcast could potentially raise legal issues related to copyright infringement and privacy violations. Although social media platforms are considered public domain, the stories posted on them are still protected under copyright law. Therefore, you would need... View More

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2 Answers | Asked in Copyright, Intellectual Property and International Law for Indiana on
Q: Would there be issues if I made a podcast sharing stories I heard from various social media outlets?

I would give the creator credit, and summarize their stories. Is social media considered public domain? Or would I have to get the creators permission before telling and discussing their stories on a podcast?

N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

Social media is not considered public domain. Social media platforms are just a public forums where people post their content. However, the people posting aren't necessarily relinquishing their rights by posting there. Also, giving credit doesn't really help if what you're doing... View More

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