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Missouri Trademark Questions & Answers
2 Answers | Asked in Trademark and Intellectual Property for Missouri on
Q: If the word Thankful is trademarked for clothing, how are there so many stores selling T-Shirts with the exact saying?

These T-shirts are everywhere on platforms like Etsy.

T. Augustus Claus
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answered on Oct 18, 2023

The use of a trademarked word like "Thankful" on clothing may be subject to various factors, including the scope of the trademark and any potential licensing agreements. If you believe someone is infringing on a trademark, you may want to report it to the trademark owner. For personalized... View More

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1 Answer | Asked in Trademark for Missouri on
Q: Can I use "This is the Way" in quotes for a yard sign promoting a church. Can such words really be protected from use.

We were going to use these words on a yard sign to promote our church but I was informed by a member that these words are in a Disney show and may be protected.

James L. Arrasmith
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answered on May 7, 2023

"This is the Way" is a trademarked phrase by Disney for their show "The Mandalorian." Using it for commercial purposes without permission could potentially lead to legal issues. It is best to come up with a unique and original phrase for your yard sign to avoid any trademark infringement.

1 Answer | Asked in Trademark, Business Law and Intellectual Property for Missouri on
Q: Can I as a music venue owner use this trademark and in turn file for it to be mineSerial Number74343304
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 3, 2023

The application SN 74343304 (IF YOU BUILD IT THEY WILL COME) was for art prints, but was abandoned. Applications to register that mark for construction services and fitness centers were made but abandoned.

IF YOU BUILD IT THEY WILL COME is currently registered for use on apparel, but there...
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1 Answer | Asked in Trademark for Missouri on
Q: does a trademark on "EXTRA THANKFUL THIS YEAR" mean that I can not print the phrase in large print on a shirt?

I'm under the impression that trademarks are for business recognition so that "Extra thankful this year" trademarked would protect this as say a business slogan similar to "just do it". It would seem that I can still print "Extra thankful this year" as a baby... View More

Erik Špila
Erik Špila
answered on Aug 20, 2022

Hello there!

Yes, you are free to use, print for your personal use the mentioned slogan.

What is actually prohibited when it comes to trademark is the use of trademark in business in protected jurisdiction territory for protected goods or services.

If you have any...
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3 Answers | Asked in Trademark for Missouri on
Q: Hello, I have a trademark NOA for a dating service that is free. Can I file statement of use without making sales?

Hello,

I have a trademark NOA for a dating service that is free. It is a mobile phone application and a website that serves about 3500+ users - is fair game to file the statement of use for the trademark? Or do I need to start making sales on the app?

Sergiy M Sivochek
Sergiy M Sivochek
answered on Jun 9, 2022

This is not legal advice, but in general, a trademark owner does not need to show sales in order to satisfy the Statement of Use requirements in response to a Notice of Allowance from the USPTO. There are many charities and other nonprofits that own U.S. federal trademark registrations without ever... View More

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1 Answer | Asked in Trademark for Missouri on
Q: Am I allowed to use the phrase r.v there yet. On my r.v repair business sign? It has a copyright just not sure loophole

Can I get permission from them to use in a different font? For strictly my business sign highly doubtful but worth a shot?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 5, 2022

[This is a trademark question, not a copyright question.]

Good Sam Enterprises has a federal trademark registration for the mark RV THERE YET? used for an online journal & for newsletters. An application to register RV THERE YET RESORTS was refused registration as confusingly similar....
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2 Answers | Asked in Gaming and Trademark for Missouri on
Q: Since "Pikachu" is internationally trademarked by Nintendo; could I use the name "Vampikachu" as my stream/channel name?
Linda Liang
Linda Liang
answered on Aug 25, 2021

The standard is whether it is confusingly similar. It depends on the service. If it is gaming, you may have a problem. If it is for industry that is far from that, it should be okay. You should work with an attorney to conduct a thorough research before you start.

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1 Answer | Asked in Civil Rights, Elder Law and Trademark for Missouri on
Q: Can someone sue an individual who directly misuses them financially? I'm disabled.

This man was homeless and I chose to help him, he used me, he has money, and always did, he pretended to care for me, to keep a roof over his head. He is abusive.

Linda Liang
Linda Liang
answered on Jul 10, 2021

It depends on what you want him to do. You can ask him to leave. If he refuses, you can sue to eject him.

2 Answers | Asked in Copyright and Trademark for Missouri on
Q: I want to trademark High AF as a brand and logo how can i do this since there is an un-used trademark of the same name?

I am a new entrepreneur with a Bachelors Degree in grapic design looking to start a new company. I will use the moniker High AF where the current owner has not used that moniker. As i understand it is owned by a make-up company that does not use that moniker currently or ever to my knowledge. I am... View More

Jason Brooks
Jason Brooks
answered on Aug 27, 2020

I’d be happy to discuss this on a call. Feel free to email me at jason@altviewlawgroup.com and we can set up a time to chat.

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1 Answer | Asked in Intellectual Property and Trademark for Missouri on
Q: Someone in Israel is selling jewelry on a website with the same name as mine in the us. No trademark. Can I use it?

My business is in the US. The other person's business is in Israel. Both of us use a similar name and web address ( I registered my domain a year before. He added a hyphen.) He got his business running before I did. Neither of us have applied for trademarks but both would be operating similar... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 30, 2019

In general trademark protection is territorial

if they are not selling the same products under the same brand in the same territories, both may be able to coexist

if they are selling in the USA, they can claim rights over the brand, even if it is not registered

consult with...
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1 Answer | Asked in Contracts, Copyright, Collections and Trademark for Missouri on
Q: Is it legal to draw up your own forms for Garnishing wages and use the Missouri Seal like the original form?

Hi, I live in Missouri and have a rental business. Every month I have to go through 1-4 evictions. Most judgments I get are never paid. This is an ongoing issue. To make things easier, I have created a spreadsheet that fills out forms for Rent and Possession, Unlawful Detainers and Garnishment... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 8, 2019

Rent and Possession petitions and Unlawful Detainer petitions need not be filed using the forms made available by the Missouri judiciary or your local circuit court. I am not certain but believe that the garnishment forms on the available at https://www.courts.mo.gov/page.jsp?id=103116 and your... View More

2 Answers | Asked in Business Formation, Business Law and Trademark for Missouri on
Q: Hey I want to start a brand with a brand name Amélie. How can I tell if that name is already taken?

I’m starting a hair extension business but in the future I want multiple business under the brand name (ex. Fenty by Rihanna). I need advice on trademarking the name and llc.

Griffin Klema
Griffin Klema
answered on Apr 16, 2019

Trademark rights depend on use. You would need to search for similar federal (or state) registrations in the same class of goods or services and then analyze those registrations against your desired name and determine whether there is a likelihood of confusion under the DuPont factors. If that... View More

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1 Answer | Asked in Intellectual Property and Trademark for Missouri on
Q: Can I defend an Intellectual Property for selling an item on Amazon and receiving a Violation?

I've been selling Nordic Naturals Ultimate Omega 180 gelcaps for a few years. I typically buy from ebay and then sell them for more on Amazon. Therefore, I'm not an "authorized" seller to Nordic Naturals. Since I bought these items legally on ebay, is this still a violation... View More

Griffin Klema
Griffin Klema
answered on Nov 30, 2018

It might still be trademark infringement. Just because you purchased the item on eBay doesn't mean it's a genuine product, or that your listing isn't causing consumer confusion. The eBay seller may be selling fakes or knockoffs. If so, then re-selling them on Amazon may be trademark... View More

1 Answer | Asked in Intellectual Property and Trademark for Missouri on
Q: How do I deal with a Trademark infringement accusation ?

I made a "bunch" of Harry Potter robes for 18 inch dolls and put them on my esty shop. I listed them AS "Harry Potter robes for 18 inch dolls". After a week or so a spokesman for Warner Bro. submitted a notice of trademark infringement and Etsy took down the robes. IN that... View More

Andrew Zulieve
Andrew Zulieve
answered on Oct 5, 2018

Go onto the U.S. Trademark Office website and access the Trademark Electronic Search System (TESS). Enter the search term "HARRY POTTER" in the basic word search option. This search will yield 52 live "Harry Potter" trademark registrations and three pending "Harry... View More

1 Answer | Asked in Trademark for Missouri on
Q: Can a Trademark be owned by more than one person or entity ?
Yan Zong
Yan Zong
answered on Nov 13, 2017

Hi, yes a trademark can be owned than one person but it is not recommended.

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for Missouri on
Q: I prepared a research paper and sent it to my boss. I later saw it published with his name only. Is it legal?

I contacted the publisher and they are not willing to do anything. What are my options?

Peter D. Mlynek
Peter D. Mlynek
answered on Nov 13, 2017

Unfortunately, this happens to good researchers by bad bosses way too often, both in academia and in industry. I am sorry that it happened to you.

If you are a grad student or a post-doc, and you'll eventually need your boss's recommendation to get a good job down the road, it...
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