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Massachusetts Trademark Questions & Answers
1 Answer | Asked in Copyright, Probate and Trademark for Massachusetts on
Q: How do I find out about a will from my great grandfather??

He was an inventor and patented at least 2 machines that I no of. How can I did out about patents payments inherited residual or my rights???

Lillian J. LaRosa
Lillian J. LaRosa answered on Aug 21, 2019

If you are the Court appointed Personal Representative of his estate, then you have authority to

contact the Patent Office or you can engage counsel or a search service. Also, you will be able to

review his tax returns, and financial and all other records.

1 Answer | Asked in Copyright and Trademark for Massachusetts on
Q: Would trademarking be the best route to go in order to protect a brand you've built on social media?

For example you have a page that posts quotes and sells merchandise. Would a trademark protect quotes and merchandise with the brand name on it from being stolen?

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Mar 29, 2019

Trademarks protect the indicia of the source of goods. So, yes.

2 Answers | Asked in Trademark for Massachusetts on
Q: When trademarking a name/brand are you only able to trademark one version of the name or can other versions be included?

For example Blue Moon is the name of the company but on social media it's Blue.Moon or BlueMoon. Would trademarking Blue Moon protect Blue.Moon or BlueMoon social media pages?

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Mar 29, 2019

You should only include one trademark per application. The test for infringement of a trademark is the likelihood of confusion. So, if blue moon were registered, it's very likely that the other words/phrases you suggested would also be protected. If you protected blue moon, it protected in all... Read more »

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1 Answer | Asked in Trademark for Massachusetts on
Q: If company X has trademarked, day, the name Cooper, can someone call his indie publisher Cooper Books?

I have noted, for example, that the name Melville is a trademark for a construction company, but there is an independent publisher called Melville House Books

John Martin Hilla
John Martin Hilla answered on Jan 9, 2019

Trademark registration is different than copyright registration in that the purpose is protect consumers' expectations of a product or service's source and quality. It does not protect the registrant's "creative ownership" of a phrase or design, etc.

If "Cooper" has been registered for a...
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1 Answer | Asked in Trademark for Massachusetts on
Q: how do i transfer a trademark I own to another company name

I have a trademark i own ,under a company .I would like to transfer it to another company which I registered.How do I go about this process.

Benton R Patterson III
Benton R Patterson III answered on Jul 13, 2018

You need to execute and record a trademark assignment. Any trademark attorney should be able to prepare this. I would note, before transferring the trademark, you must account for how the new owner will use the trademark. If not done correctly, the trademark could become abandoned.

1 Answer | Asked in Trademark for Massachusetts on
Q: Would there be infringement if one trademark has the name “flour” and the other “flour galore”?
Benton R Patterson III
Benton R Patterson III answered on May 8, 2018

An attorney would need to know more facts to answer this question. The type of goods or services each mark is associate with, the overall appearance of the two marks, the content of the registration, which mark was used first, and several other factors are relevant to the question. Before using a... Read more »

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Massachusetts on
Q: Hi, I created unique aphorisms and want print them on clothes. How prevent copying of aphorisms?

Should I patent it as intellectual property? or copyright?

Should I go to lawyer or I can do it by myself online?

Thank you

Kevin E. Flynn
Kevin E. Flynn answered on Apr 4, 2018

Patents are not the answer as the patent part of the PTO does not care about the text; they care about the function or the ornamental design.

You can chase a trademark (need to specify trademark to get this to a TM lawyer on JUSTIA).

Not a perfect fit as a trademark is intended to...
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1 Answer | Asked in Copyright and Trademark for Massachusetts on
Q: We have been using the words Orca Envelopes for years to describe their high strength. we did not attempt to trademark

the name Orca. A week ago a trademark for the words was granted to someone who has not been using those words before. Can my company protest the issuance of such a trademark (words) to that party?

Benton R Patterson III
Benton R Patterson III answered on Mar 19, 2018

It depends on the context in which you use the word Orca and the context that the trademark applicant plans to use the word in. You may have grounds to cancel the trademark. An attorney would need to review all the facts to determine if you have a case.

1 Answer | Asked in Trademark for Massachusetts on
Q: If a Trademark is in 602-Abandoned status, can I apply for it?

602 Abandoned - Failure to respond

Michael Gerity
Michael Gerity answered on Dec 19, 2017

Hello. I've answered a very similar question on here before. First off, the primary issue with regard to using any trademark is as to HOW you use it. If somebody has a trademark that they use in conjunction with their sales of baked goods, and somebody else wants to use the same or similar mark... Read more »

2 Answers | Asked in Copyright, Business Law and Trademark for Massachusetts on
Q: What qualifies as trademark infringement? If a company produces a product that looks similar to another's, is that okay?

I recently purchased many portable speakers from a vendor in China. The company produces many authentic speakers (iLepo), but they also wholesale "fake" JBL speakers on a international wholesale store.

The speakers look pretty similar, but they intentionally took off the logo on the... Read more »

Jonathan R. Roth
Jonathan R. Roth answered on Aug 2, 2017

if you use the stickers you are infringing on another company's trademark. The speakers may also violate someone's patent but you can assume not for the moment. if you want to sell them then use the name of mfg or create your own brand.

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1 Answer | Asked in Patents (Intellectual Property) and Trademark for Massachusetts on
Q: I'm using "Wicked Awesome Stepmom" and received notice that "Wicked Awesome" is trademarked. Can I challenge this?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 29, 2017

Both sound like a trademark that might be challenged for lack of uniqueness as they are common colloquialisms. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials,... Read more »

1 Answer | Asked in Trademark for Massachusetts on
Q: What are my chances of registering Only Natural Dogs OR Only Natural For Dogs? Does either one have a chance & which one

Both names would be for a dog supplement brand

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 30, 2017

Do an IP search to see if there are any competing trademarks. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

1 Answer | Asked in Trademark for Massachusetts on
Q: I am creating a brand that is a spinoff but distinct from something trademarked. I want to make sure it's legal

I have a blog and own a domain name for FoodNetworkFandom.com. I know that "Food Network" is trademarked but I do not use copyrighted material to sell but have created a custom logo for my domain which I want to produce merchandise for along with creating more of my own content for sale.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 9, 2017

That sounds risky, as it may cause confusion among reasonable consumers. You may face legal consequences. Why not try something more creative? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read... Read more »

1 Answer | Asked in Trademark for Massachusetts on
Q: A Trademark Question I Need A Little Help With... Thanks!

We are looking to do a certification for nutritional supplements, with the name "Perfectly Paleo". If a supplement meets certain key requirements, we will certify it "Perfectly Paleo". A check of TESS shows that there is a trademark for "Perfectly Paleo" and it is for a Paleo based snack food.... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 6, 2017

See: https://www.uspto.gov/page/about-trademark-infringement

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media...
Read more »

2 Answers | Asked in Business Law, Copyright, Intellectual Property and Trademark for Massachusetts on
Q: Is the actual punctuation mark semicolon trademarked by this company?

I've heard of people having their jewelry on etsy removed due to having a semicolon in their design. It does refer to the project semicolon organization but is just the actual punctuation mark, not their logo or anything like that. Is it still not allowed?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 29, 2016

I see no basis for an IP assertion of rights re: simply a semicolon. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any... Read more »

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1 Answer | Asked in Trademark for Massachusetts on
Q: how do I respond to a cease and desist letter

A company sent me a cease and desist letter. Their name is ivy coach ours is IvyCareerCoach. They claim it was trademark infringement and they are asking for a sum of money

Adam Studnicki
Adam Studnicki answered on Aug 25, 2015

Have a local trademark lawyer evaluate your specific situation and advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for...
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