Maryland Trademark Questions & Answers

Q: Is it legal for me to use “Fruit Loops” as a flavor?

2 Answers | Asked in Trademark and Intellectual Property for Maryland on
Answered on Nov 17, 2018
Mark Oakley's answer
Almost certainly your use violates their trademark, and the penalties for exploiting their trademark for commercial gain to sell your product are severe (you not only pay all of their attorney's fees, but penalties and forfeiture of all profits earned as a result). Kellogg's will hire very expensive and aggressive lawyers. Consult a trademark lawyer going forward so you can understand what you can and cannot do exploiting other trademarked brands. Generally, you must obtain permission (a...

Q: How do I know if I can ignore a cease and desist letter regarding trademark infringement?

1 Answer | Asked in Trademark for Maryland on
Answered on Jun 29, 2018
Benton R Patterson III's answer
Its never a good idea to completely ignore cease and desist letter. At the least, you should consult with an attorney on whether there is any merit to the letter. Doing nothing could make the situation worse by subjecting you to being accused of willfully infringing a trademark, which could increase the amount of money the other side could recover.

Q: We are bring sued by a DC firm. We are a nonprofit.

1 Answer | Asked in Copyright, Products Liability, Business Formation and Trademark for Maryland on
Answered on Apr 19, 2018
Mark Oakley's answer
Have they actually filed suit (in which case, you are being sued), or did they merely send a threatening letter? I doubt you are in actual legal jeopardy of losing the word, “Heroes”, from you company name or losing a damage suit in court. My guess is that they are trying to scare you into giving up the word. A lot more goes into tradename infringement than one word, unless it’s a unique brand name like “Google.” Have a lawyer respond with a letter that your use of the word is not an...

Q: Question about registering a legal entity in the software industry using a well known trademark.

1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Trademark for Maryland on
Answered on Feb 14, 2018
Andrew Zulieve Esq's answer
In my opinion, your proposed idea is not a prudent one and could very well be a costly one.

Q: What route to take, copyright or trademark? Ive recently be selling shirts, hoodies and tanks under a brand I created.

1 Answer | Asked in Copyright and Trademark for Maryland on
Answered on Jan 2, 2018
Benton R Patterson III's answer
Both copyright registration and trademark registration are important to prevent others from copying your designs or selling counterfeit versions of your products. Copyright protects creative works. Trademark protects words, symbols, and other ways of designating a goods or services in commerce. The first step is to settle on a specific name or design and the products you intent to use it on. Then contact an intellectual property attorney.

It is not necessary to change the name of...

Q: Can I get the document that says you registered for a trademark?

2 Answers | Asked in Copyright and Trademark for Maryland on
Answered on Jul 27, 2017
Will Blackton's answer
If you registered for a trademark, yes. If you worked with an attorney, contact your attorney.

Q: i created a t-shirt that went viral and is now being copied on multiple websites. what can i do?

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Maryland on
Answered on Jun 11, 2017
Griffin Klema's answer
First things first: register your copyright with the U.S. Copyright Office. The filing fee is small ($30). An attorney can help you with that process, and it's important to ensure that the registration is properly filed.

You may also want to try trademarking the slogan. Filing an application to register the trademark with the U.S. Patent and Trademark office is a bit more expensive ($225 filing fee for a TEAS Plus online application). Again, consider getting some assistance from a...

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