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Michigan Trademark Questions & Answers
2 Answers | Asked in Trademark for Michigan on
Q: Can I trademark a word as part of a business name, if the single word is already trademarked by a different company?

Example:

If I wanted to use the business name “The Fatherhood Project”

The word “Fatherhood” is already trademarked by another company.

Same target audience, different products.

Is this acceptable?

Evelyn Suero
Evelyn Suero answered on Mar 21, 2021

A trademark should not be used if it is confusingly similar to another existing trademark in use for the same or related class of good or services. Using the same dominant term as another similar trademark may be refused for registration due to likelihood of confusion and may also be deemed... Read more »

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1 Answer | Asked in Copyright, Business Law and Trademark for Michigan on
Q: If something isn't properly copyrighted or trademarked can it end up in the Public Domain?

The 1968 film "Night of the Living Dead" wasn't properly trademarked due to an error and ended up in the Public Domain. Various Comic book Characters from the Golden Age of Comics in the 1930s and 1940s also entered the public domain when their publishers went out of business. I just... Read more »

Michael Zamzow
Michael Zamzow answered on Mar 12, 2021

First, be generally aware there is a difference between 'registered' copyrighted works, works protected by copyright, and works with expired copyright protections, and 'works' without copyright protection.

Second, intellectual property is quite a bit like any other type...
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1 Answer | Asked in Trademark for Michigan on
Q: If something is trademarked, does that mean I can't use it as a name as and artist? Denizen used by Levi's specifically.

I wanted to know if I could use it as an artist even though they use it for a line for their clothing. Does the fact that I'm not selling jeans with it make it ok?

Benjamin Charles Korray
Benjamin Charles Korray answered on Jan 14, 2021

Maybe yes, maybe no. The trademark world is divided into 45 different categories (also known as classes). Each class represents a different group of goods or services. If Levi's has the name Denizen trademarked for jeans then they likely have a trademark in class 025 (the class for clothing).... Read more »

1 Answer | Asked in Trademark for Michigan on
Q: If your product has a trademark, and it does not fall within the ballpark of their goods/services listed. Is it still ok

For example making a Boy Mom Vinyl Decal

John Martin Hilla
John Martin Hilla answered on Jan 12, 2021

Your question is not clear. Are you asking whether your product is infringing upon another party's trademark registration if it is the same type of product?

Or are you asking whether your own registered trademark is being infringed upon by someone else's product or service?

1 Answer | Asked in Intellectual Property and Trademark for Michigan on
Q: I am a US resident and need to protect my US registered trademark.

I am a US resident and need to protect my US registered trademark in Australia. I found that someone has stolen my mark and is using it for the same class of products as my brand. Could I use an Australian virtual mailing address to register my mark? On their trademark website, ipaustralia.gov.au,... Read more »

Timothy John Billick
Timothy John Billick answered on Sep 23, 2020

Without knowing other key details here, I believe you should be able to do so. But registering your trademark after infringement may impact your claim for damages or injunctive relief. Feel free to reach out to me with any more questions!

1 Answer | Asked in Business Law, Copyright and Trademark for Michigan on
Q: Can I use an acronym like G.O.A.T. in my business marketing materialand website? Or can someone actually trademark this?

The name of my business is GOAT Nails and I am wanting to make sure it is ok for me to use the acronym G.O.A.T.throughout my website.

Kathryn Perales
Kathryn Perales answered on Aug 5, 2020

Interesting question - I would have thought that G.O.A.T. (greatest of all time) would be too generic to trademark, but I see that some people have successfully done it. You should check the TESS database (tess2.uspto.gov) to search for all of the US registered trademarks with the word GOAT in... Read more »

2 Answers | Asked in Trademark for Michigan on
Q: I want to buy the trademark to 'Purple Urkel' for my LLC. The current status of the trademark is 602 - Abandoned.

602 - Abandoned-Failure To Respond Or Late Response is the staus of a trademark I want to purchase, can I still purchase it?

Evelyn Suero
Evelyn Suero answered on Jul 31, 2020

A business typically acquires rights to a trademark based on usage. Even if the trademark is abandoned it may still be in use. If by purchasing the trademark you mean registering it, then prior to doing so, work with a trademark attorney to assist you with clearing the trademark to ensure that the... Read more »

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1 Answer | Asked in Trademark for Michigan on
Q: Do I need classification for each product I want to put my trademark on? clothing, cups, pens, lapel pins, and tote bag?

Putting my trademark on these items for my conference

Evelyn Suero
Evelyn Suero answered on Jun 11, 2020

If you are referring to the federal trademark registration process, then as a part of the application process, you will have to select the applicable classes (clothing, accessories, etc) in which you use or will use the trademark. It is best to work with a trademark attorney to guide you in this... Read more »

1 Answer | Asked in Trademark for Michigan on
Q: Trademark infringement question.

I would like to use the old English "D" with a variation for a 501(C)3 veterans hockey logo. My modification to the "D" is a helmet hanging off of it covering part of the "D" but the "D" is still very visible. Is this trademark infringement?

Thank you for your time.

Tania Maria Williams
Tania Maria Williams answered on Feb 27, 2020

It would depend on what the company has registered but you can probably do a more stylized "D" with the helmet and be able to protect the design mark.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Michigan on
Q: Can I get sued for writing a non-fiction book about a tv show without the show's permission?

I was hired by a publisher to write a non-fiction book on a very popular television show where I discuss the history of the show, the themes, the characters and provide my opinion on each of the series episodes. Publisher states because I'm providing an opinion there is absolutely no copyright... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 18, 2019

Your concerns are valid. You should consider seriously getting permission. Make sure the hiring party give you a contract where they take full responsibility or liability. Consult with an attorney before doing anything.

2 Answers | Asked in Intellectual Property and Trademark for Michigan on
Q: I need to add a trademark for my business an amazon store, Need only one trademark number how much and how long thank u
Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 11, 2019

It would take about six months.

Cost will vary but expect to spend around $1,000 to $1,500

We will need to make some searches to make sure the brand is not taken, and will not conflict.

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1 Answer | Asked in Trademark for Michigan on
Q: Good Evening: Is McCaughrin Maritime trademark currently up to date?

Let me know at brianrmccaughrin@gmail.com

Griffin Klema
Griffin Klema answered on May 3, 2019

Yes, that mark is "live" (reg. no. 3646694).

1 Answer | Asked in Copyright and Trademark for Michigan on
Q: Am I able to TM a logo design that may have similar wording to one that's registered as standard mark?

their wording is registered and my words are arranged differently and missing a word the registered TM has. I also have a distant design for mine and its in use and printed on many things. How will I go about TM my design? Is it possible?

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

The question is whether there is a likelihood of confusion. If the designs would cause confusion to a consumer on the source of the product, then it can't be registered as a trademark.

If you are interested in registering your trademark, you may schedule a free intro call with me at...
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3 Answers | Asked in Copyright and Trademark for Michigan on
Q: How would I go about trademarking my stage name if it has been abandoned in 2011?

Krimminall23@gmail.com is my email address

Jason Brooks
Jason Brooks answered on Apr 24, 2019

You'll need to file a new registration application with the USPTO. If you need assistance, feel free to email me at: Jason@altviewlawgroup.com

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1 Answer | Asked in Trademark for Michigan on
Q: I want to register a trademark but I think I may get denied on likely hood of confusion even though name doesn't show up
Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 15, 2019

you need an attorney to do a number of searches on the mark.

It includes not only the name itself, but variations, and even translations in different languages as it may be used that way by other owners.

make and appointment to have a better evaluation of your chances and strategy...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Michigan on
Q: Can I use an abandoned trademark name / Make money doing so without repercussions.

What are my options?

John Espinosa
John Espinosa answered on Jun 7, 2018

Not necessarily. An abandoned could be revived, and could already or still be in use in commerce so is not necessarily available for use https://www.uspto.gov/trademark/laws-regulations/overview-final-rule-revivals-reinstatements-and-petitions-director

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1 Answer | Asked in Copyright and Trademark for Michigan on
Q: A 3 word phrase has been trademarked. Can I add dashes to legally use it for a program I am starting? Thanks!
Benton R Patterson III
Benton R Patterson III answered on May 2, 2018

It depends on the context you plan to use the phrase in, what is claimed in the trademark application, and how the other party is using the phrase. An attorney would need to review all the facts to answer this question.

1 Answer | Asked in Trademark for Michigan on
Q: Hi! I wanted to use the name "Taco Cat" for. a restaurant. What does 602 - Abandoned-Failure To Respond Or Late Response
Benton R Patterson III
Benton R Patterson III answered on Dec 26, 2017

In a prior action before the USPTO concerning the mark, the applicant failed to respond or responded late to an office action from the trademark examining attorney. If you would like to trademark the name, its best to have a trademark attorney examine the prosecution history for similar trademarks.

1 Answer | Asked in Trademark for Michigan on
Q: Will my grounds for opposition suffice if marks are confusingly similar, but currently products are slightly different?

**Please note: Fictitious names were used below to protect the confidentiality of the matter. Here's the situation...

1." Dazzle With Love" was first used in commerce June 2012 and applied for trademark June 2017. "Dazzle With Love" has been in continued use... Read more »

Michael Gerity
Michael Gerity answered on Sep 25, 2017

Under your hypothetical, first mark has priority back to 2012, but only as to use with candles. Mere intentions to expand don't effectively expand the rights to other products/services. Second mark is nearly identical (the "by Alicia Smith" part is merely descriptive of the person... Read more »

1 Answer | Asked in Copyright and Trademark for Michigan on
Q: I bought licensed scrapbook paper with college logos on it. I'm cutting out the logos to make keychains with.

I want to sell the keychains on the internet. Is this legal or do I need to obtain permission from the universities whose logos I'm using? I have done a little research on this and it really seems like a grey area. Some sites say you absolutely need permission - others state that once the... Read more »

Benton R Patterson III
Benton R Patterson III answered on Sep 22, 2017

You need to obtain permission from the trademark owners. The first sale doctrine would likely protect you if you resold exactly what you purchased, the scrapbook paper. If you use the paper to create a new branded product, you would not be protected by the first sale doctrine. Also, using a... Read more »

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