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Ohio Intellectual Property Questions & Answers
4 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: What information do I need to provide a lawyer to file a trademark?

I'm looking to file a trademark and I would prefer to hire a lawyer to take care of the process. I'm not sure what information I need to have prepared for the attorney beforehand.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 22, 2024

To prepare for an application to register a trademark, you should have a "specimen" showing use of the mark (usually a photo or screenshot of your product or service with the mark displayed), the date of its earliest use in commerce, and a description of the goods or services for which... View More

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4 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: What information do I need to provide a lawyer to file a trademark?

I'm looking to file a trademark and I would prefer to hire a lawyer to take care of the process. I'm not sure what information I need to have prepared for the attorney beforehand.

Sheldon Starke
Sheldon Starke
answered on Jan 22, 2024

Thank you for asking this interesting question on JUSTIA. You need a consultation with a lawyer before you try to cover all this in advance. TM Law is too highly fact bound and less or more will be required by that conversation . . . that is the full truth. Call a trademark attorney asap. Get a... View More

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4 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: What information do I need to provide a lawyer to file a trademark?

I'm looking to file a trademark and I would prefer to hire a lawyer to take care of the process. I'm not sure what information I need to have prepared for the attorney beforehand.

James L. Arrasmith
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answered on Jan 22, 2024

To file a trademark, you'll need to provide your attorney with specific information to ensure a smooth and effective application process. Start by providing a clear representation of the mark you wish to trademark, such as a logo, word, phrase, or design. Include any variations of the mark if... View More

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4 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: What information do I need to provide a lawyer to file a trademark?

I'm looking to file a trademark and I would prefer to hire a lawyer to take care of the process. I'm not sure what information I need to have prepared for the attorney beforehand.

Felicia Altman
Felicia Altman
answered on Jan 22, 2024

To prepare to work with a lawyer to file a trademark you want to be able to provide to them information regarding whether you plan to file an "in-use" application or "Intent-to-use." To file an "In-Use" application you must provide them with a specimen of work showing... View More

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1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Are their any copyright for Mako Mermaids by Jonathan m Shiff Productions?
James L. Arrasmith
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answered on Dec 30, 2023

"Mako Mermaids," also known as "Mako: Island of Secrets," is a children's and teenagers' television series created by Jonathan M. Shiff. It is produced by Jonathan M. Shiff Productions in association with Network Ten, ZDF, and Netflix. As a professionally produced... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Ohio on
Q: How do you find if a patent was aquired or sold

HL Stud inc

Kevin E. Flynn
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Kevin E. Flynn
answered on Dec 28, 2023

When a United States patent is sold, the acquiring party usually notes the change of ownership in the USPTO records. You can check these records and see the chain of title for the patent running from the inventors to the current owner at... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Ohio on
Q: How do you find if a patent was aquired or sold

HL Stud inc

James L. Arrasmith
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answered on Dec 30, 2023

To find out if a patent has been acquired or sold, you can start by checking the United States Patent and Trademark Office (USPTO) records. The USPTO maintains a database of all patents issued in the United States, which includes information on current and past patent owners.

You can search...
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1 Answer | Asked in Trademark and Intellectual Property for Ohio on
Q: We have applied for a trademark in May of 2023. Is there a way to keep others on amazon and their sellers from using it

We do not and have never sold on Amazon. We now have people coming to us complaining about our "Pinch Perfect" crafting products not living up to expectations that they purchased on Amazon. There are currently 4 pages of listings using our brand in their listings and Amazon even has a... View More

James L. Arrasmith
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answered on Dec 15, 2023

In your situation with the unauthorized use of your "Pinch Perfect" brand on Amazon, it's important to take proactive steps to protect your trademark, even though it is still in the registration process. Since you've already applied for the trademark, you have some legal grounds... View More

Q: Google Disney CB government dark net Freedom act from 1988 I have a government agency infringement in music and art

Some desperado name carried requested I got Freedom act paper mailed to me and a ticket number for Sony music on my email address please I have victims of a lot of problems from Disney music private program

James L. Arrasmith
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answered on Nov 12, 2023

It sounds like you're dealing with a complex situation involving potential government agency infringement in the realms of music and art, possibly related to copyright or intellectual property issues. The Freedom of Information Act (FOIA) of 1988 allows for the request of federal agency... View More

1 Answer | Asked in Trademark and Intellectual Property for Ohio on
Q: my last name is good. can i legally open a burger restaurant in ohio named goodburger or good burger (movie name)

can i legally name my restaurant good burger or goodburger despite the nickelodeon movies?

James L. Arrasmith
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answered on Nov 8, 2023

Using the name "Good Burger" or "Goodburger" for your restaurant, especially given its association with the Nickelodeon movie, could raise trademark concerns. Trademarks protect names and logos used in commerce to identify the source of goods and services. If consumers might... View More

2 Answers | Asked in Energy, Oil and Gas, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: I invented and patented (US 8391552) an invaluble technology for petrochemical industry

So in 2018, the Trump Admin attacked me in a federal lab in Pittsburgh. I had to flee. Then my house was raided by a SWAT team. I fled into hiding in Amish country Ohio. Then the Trump Admin disguised my patented technology as a non-patented technology and gave it to Saudi Aramco and the... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Sep 25, 2023

I am sorry to hear about your tribulations, but regarding the patent: you do not own the patent. You assigned your rights to the invention to the Deparment of Energy in December 2012, after the patent application was filed but before the patent issued.

It is not your patent, and the DoE...
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2 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: When a photo is taken on private property with permission of the property owner who owns the image?

I take images at motorsports venues and want to clarify who is the owner of the photo. The photographer, the property owner of both?

Thank you.

James L. Arrasmith
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answered on Sep 11, 2023

In the context of copyright law, the person who takes the photograph — in this case, the photographer — generally owns the copyright to the image, not the owner of the property where the photo was taken. This means that the photographer has the exclusive rights to use, distribute, and reproduce... View More

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2 Answers | Asked in Copyright and Intellectual Property for Ohio on
Q: When a photo is taken on private property with permission of the property owner who owns the image?

I take images at motorsports venues and want to clarify who is the owner of the photo. The photographer, the property owner of both?

Thank you.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 21, 2023

The photographer is owner of the copyright in the photo, unless he has been hired to do it, in which case the employer owns the copyright as a work-for-hire.

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1 Answer | Asked in Intellectual Property for Ohio on
Q: This is an intellectual property dispute.

This is an intellectual property dispute. I was communicating with a business about providing them with physical items using their logo. They told me they weren't interested, but then began offering the same item for sale. They had previously never expressed interest in selling physical items.... View More

James L. Arrasmith
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answered on Jun 18, 2023

If you believe that a business has taken your idea and is using it without your permission, you may have a claim for intellectual property infringement. In this case, it is recommended that you consult with an attorney who specializes in intellectual property law to determine the best approach for... View More

1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: I am making a children book. For that, I use AI to help me make the pictures. Who has the copyright to pictures from AI?

I provide my own prompts to make the pictures of AI. I also plan to edit them a little so they exactly look the way I want them. at least some of them. Does it make a difference if I change something on them?

James L. Arrasmith
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answered on Jun 18, 2023

The question of who owns the copyright to pictures created by AI is a complex and evolving area of law. In general, copyright law grants ownership of creative works to the human author or creator of the work. However, in the case of AI-generated works, the question of authorship and ownership can... View More

2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: Trademark Question: Same name, different services provided, different logo design, am I allowed to use that name?

Based in Ohio, I wanted to use a "NAME" for my architectural services business. There is an active mark with the same "NAME" registered to someone in California providing Electrical messaging services. Am I allowed to use that "NAME" for my business, and/or file that... View More

James L. Arrasmith
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answered on May 22, 2023

Using the same name for your architectural services business may be possible, even if there is an active trademark with the same name in California for electrical messaging services. However, it is important to conduct a thorough trademark search and consult with a trademark attorney to assess... View More

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2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: Trademark Question: Same name, different services provided, different logo design, am I allowed to use that name?

Based in Ohio, I wanted to use a "NAME" for my architectural services business. There is an active mark with the same "NAME" registered to someone in California providing Electrical messaging services. Am I allowed to use that "NAME" for my business, and/or file that... View More

Joseph Jaap
Joseph Jaap
answered on May 19, 2023

Trademark issues and analyzing the potential risk of an infringement lawsuit are too fact-specific to generalize. You could apply to the US Patent and Trademark Office to register your name for a determination if you can register it. But if you do that, the registrant in CA could learn of your... View More

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2 Answers | Asked in Intellectual Property and Trademark for Ohio on
Q: I looked up the phrase "Empowered women empower women" to see if it is copyrighted. It is trademarked, what's that mean?

What is the difference between the two. If I use the phrase on a product, will I be in danger of a lawsuit?

Eugene Vamos
Eugene Vamos
answered on May 3, 2023

The danger of trademark infringement depends on the type of good/service you are going to use the phrase in as a trademark. You will have to examine the prior trademark registration to see what goods/service categories the registration encompasses and then compare it to your use. If the... View More

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5 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: I did a TESS search for a trademark filing. Found one live match but their word mark is longer than my name. Is that ok?

My business name is The Business Clinic and the only live trademark I could find is listed as "THE BUSINESS + CLINIC RX FOR SUCCESS". There have been other "The Business Clinic" filings but all are now shown as Dead. Before I do the filing, however, I'd appreciate knowing... View More

David Aldrich
David Aldrich
answered on Apr 10, 2023

You are probably at some risk. You could receive a rejection based on the mark you found, but this will depend on how similar the services are (additionally, in this case, the nature of the particular mark you found has several complicating factors). You could also receive a rejection for... View More

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5 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: I did a TESS search for a trademark filing. Found one live match but their word mark is longer than my name. Is that ok?

My business name is The Business Clinic and the only live trademark I could find is listed as "THE BUSINESS + CLINIC RX FOR SUCCESS". There have been other "The Business Clinic" filings but all are now shown as Dead. Before I do the filing, however, I'd appreciate knowing... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 10, 2023

The active registration for THE BUSINESS + CLINIC RX FOR SUCCESS (stylized) would probably preclude the proposed registration for THE BUSINESS CLINIC as confusingly similar.

But even if that registration was not active, it is likely that THE BUSINESS CLINIC would be refused as "merely...
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