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Iowa Trademark Questions & Answers

1 Answer | Asked in Trademark for Iowa on

Q: How do i find out what classes to register my trademark under for a cosmetic company?

John Martin Hilla answered on Jul 29, 2019

Your best avenue to a successful Federal trademark registration is to, first, schedule a knowledgeable trademark registration attorney, and, second, to retain that attorney or another such attorney to draft your application for you, utilizing information you provide not only regarding your current... Read more »

3 Answers | Asked in Business Law, Civil Litigation, Intellectual Property and Trademark for Iowa on

Q: Who owner the ampersand mark? Please refer to all information in registered trademark 86905207, from the USPTO website.

I asked for the ownership of this mark from its creation. Please validate.

Ahaji Kirk Amos answered on Mar 21, 2019

I don't understand the question.

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2 Answers | Asked in Intellectual Property and Trademark for Iowa on

Q: If a trademark saying was active but has now been abandoned, can I step in and take over with a similar trademark?

Trademark taken by another person/company: Live by the seed of your plants

Our trademark: We live by the seeds of our plants

Andrew Zulieve Esq answered on Nov 3, 2018

If the trademark was registered with the U.S. Trademark Office, but the status of the registration is listed as abandoned, that does not necessarily mean that the trademark is no longer in use in commerce and abandoned within that context. It may still be in use in commerce and protected under... Read more »

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2 Answers | Asked in Trademark for Iowa on

Q: Can I pick up an abandoned trademark?

The person that filed for the trademark of our team is no longer in charge of the team and I want to update it

Benton R Patterson III answered on Apr 17, 2018

Trademark rights are acquired by using the mark. The fact that a trademark registration or application is abandoned does not mean that it is open for anyone to take. If the owner of the mark you are interested in no longer uses it, and you begin using it, you may be able to register the mark. An... Read more »

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1 Answer | Asked in Trademark for Iowa on

Q: If a slogan is trademarked by a maker of protein bars (their packaging), can that slogan be used for t-shirt design?

The term "own the day" is a trademarked by a maker of protein bars. Does that make the "own the day" slogan off limits for t-shirt designs/collections?

Benton R Patterson III answered on Nov 13, 2017

Possibly so. An attorney would need to review the two trademarks to give a confident answer. The design, the description of goods and services, the t-shirt design, and how you plan to to sell the t-shirt could impact whether or not the trademark may be registered.

1 Answer | Asked in Trademark for Iowa on

Q: If BUBBLEWRAP (Reg. Nr. 3442458) is an accepted trademark, what about the words Bubble Wrap or Bubble Wrapping?

My Etsy Listing was set to inactive by Etsy because of trademark infringement from Sealed Air Corporation. As far as I can understand (I have no idea about this stuff) the trademark is for BUBBLEWRAP (=one word). What would be an appropriate wording I can use??

Michael Gerity answered on Aug 1, 2017

Hello. The difference between two words, or changing the verb tense, or other small changes makes no difference in the trademark context. The only relevant question is whether or not there is a reasonable likelihood of confusion in the relevant consumer. It's pretty safe to say that the average... Read more »

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