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Kentucky Trademark Questions & Answers
2 Answers | Asked in Trademark for Kentucky on
Q: Hello, if the I have a company Care On Time would that infringe on a trademark for a company called Care on your time

The the LLC. That I would like to form by the with the name of Care On Time Heathcare Staffing is in the state of Kentucky,and the company with the name of Care on Your Time is located in Florida and the name is Trademarked..I would like to know if the name of my company would infringe on their... Read more »

Linda Liang
Linda Liang answered on Oct 22, 2021

Trademark is a federal matter. There is no state boundary of use. If your profession is close to the other company's profession and you use the name to market your service, yet, you would be infringing upon the Florida company's trademark. To know how you can avoid, you should for sure... Read more »

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1 Answer | Asked in Trademark for Kentucky on
Q: We received a cease & desist concerning our business name as another firm has a similar name.They only gave 2 days notic

Our business name was registered with the state of KY and we have the LLC.

Drew Chalfant
Drew Chalfant answered on Mar 9, 2021

You should have an attorney look into this. Sometimes the opposing side is right, sometimes they are just trying to intimidate you.

2 Answers | Asked in Trademark for Kentucky on
Q: How do I find out if a name is already trademarked ? I am starting a candle making business.
Evelyn Suero
Evelyn Suero answered on Oct 16, 2020

You can search the USPTO for registered trademarks, however this will not reveal whether there are businesses using the trademark in a similar class/category that may not have registered the trademark with the USPTO. These trademarks may also have common law rights against infringement. Work with a... Read more »

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1 Answer | Asked in Trademark for Kentucky on
Q: Can you establish an LLC while you have a pending sole proprietor trademark application for the same business?
William Scott Goldman
William Scott Goldman answered on Jul 17, 2020

Yes, indeed! Both are completely separate and have no connection in this context. However, you may want to eventually assign the trademark registration from the individual owner to the LLC. If you have any further questions, please feel free to call or email.

1 Answer | Asked in Copyright and Trademark for Kentucky on
Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 6, 2019

If it is still in use and with valid registration you can contact the person who holds the registration.

You have the challenge of what the value.

If the trademark is not registered, you may have other options.

Consult an attorney and let me know if I can help.

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Kentucky on
Q: If the use of "Starving Artist" is displayed differently such as using it on a logo does that still mean its protected?
Peter D. Mlynek
Peter D. Mlynek answered on Feb 19, 2018

It depends on what is trademarked. It could be the logo, it could be the stylized lettering, or it could be the text itself. You, or your trademark lawyer, should be able to find out upon examining the Trademark Office files.

1 Answer | Asked in Trademark for Kentucky on
Q: Hi. I am looking at the trademark OTHELLO. I was wondering if the trademark applies only to the stylized word "OTHELLO".

could I use the work Othello, instead? (Only the O would be capital, while the rest would be lower case).

Michael Gerity
Michael Gerity answered on Sep 7, 2017

There are at least ten live trademark registrations for the mark OTHELLO as used with a variety of goods and/or services. At least a few of those are for the word itself, without any stylizing. In any event, the real question you need to address would be whether or not there is a reasonable... Read more »

1 Answer | Asked in Trademark for Kentucky on
Q: As a 16 yr old in ky, what right do I have after being pulled over by an officer?
E. Seth Combs
E. Seth Combs answered on Dec 2, 2014

This is a broad question and could be better answered with some more facts. As a general rule, since you are a minor and presumably driving on a valid "learner's permit," you are subject to stricter requirements in some areas. For example, Kentucky uses a "points system"... Read more »

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