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New York Trademark Questions & Answers
1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark for New York on
Q: Can I create a name that is "word1 and word 2: word 3 word 4 word 5" when "word1 and word2" is already a trade mark?

I have a product with 6 words. But it seems the first 2 words are trademarked. Can I still use this name or would I need to change it all?

James L. Arrasmith
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answered on Feb 21, 2024

If "word1 and word2" is already a trademark, it's crucial to proceed with caution. Even if you use "word3 word4 word5" along with it, there could still be potential legal issues, especially if the combination creates confusion with the existing trademark. Using part of a... View More

2 Answers | Asked in Consumer Law, Copyright, Intellectual Property and Trademark for New York on
Q: Will there be legal issues if I mention TikTok's name while promoting my app?

Me and my team are working on a video sharing app called Clipzy and we have been promoting it as a TikTok alternative, and we wanted to make sure there weren't any legal issues that can arise.

James L. Arrasmith
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answered on Feb 21, 2024

Using TikTok's name to promote your app as an alternative might raise legal concerns depending on how you use it. While mentioning TikTok for comparison purposes could be considered fair use, implying an association or endorsement from TikTok without permission could lead to trademark... View More

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1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for New York on
Q: Is it legally allowed to sell goods such as clothing items with the phrase "Spidey sense" on them?

Those clothing items do not include anything else that might be related to "spider-man". the clothing items only have the phrase "Spidey sense" and graffiti designs that are free to use on them.

James L. Arrasmith
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answered on Feb 1, 2024

Selling clothing items with the phrase "Spidey sense" on them may potentially raise legal issues related to trademark and copyright. "Spidey sense" is a term associated with the fictional character Spider-Man, a trademarked and copyrighted character owned by Marvel Comics, which... View More

2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Can you tell me if the Long Island Honey Company is trademarked?
James L. Arrasmith
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answered on Dec 7, 2023

To determine if "Long Island Honey Company" is trademarked, you would need to search the United States Patent and Trademark Office (USPTO) database. This can be done through the Trademark Status and Document Retrieval (TSDR) system available on the USPTO website. You can search by the... View More

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2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Can you tell me if the Long Island Honey Company is trademarked?
Sean Liam Kelleher
Sean Liam Kelleher
answered on Jan 4, 2024

If you are interested in this name for your company you should contact a Firm specializing in trademarks and Intellectual Property. Whether or not "Long Island Honey Company" is registered is not the end of the inquiry.

A Registered Patent Attorney or specialized trademark...
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3 Answers | Asked in Intellectual Property and Trademark for New York on
Q: Hi Journalist seeks a quick chat with patent attorney today

Seeking quick comment on man trying to TM phrase "From the River to the Sea"

James L. Arrasmith
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answered on Nov 24, 2023

For a journalist seeking a quick chat with a patent attorney regarding the attempt to trademark the phrase "From the River to the Sea," it's important to note a few key points.

Firstly, trademark law primarily concerns itself with the use of specific phrases, symbols, or...
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3 Answers | Asked in Intellectual Property and Trademark for New York on
Q: Hi Journalist seeks a quick chat with patent attorney today

Seeking quick comment on man trying to TM phrase "From the River to the Sea"

Adam W. Bell
Adam W. Bell
answered on Nov 24, 2023

Two trademark applications were filed on November 8, 2023 and November 17, 2023, both by

River to the Sea LLC LIMITED LIABILITY COMPANY NEW JERSEY 330 Changebridge Road Suite 101 Pine Brook NEW JERSEY 07058...
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2 Answers | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Q: Can I trademark my music groups name, even if it’s trademarked for other companies that aren’t music related?
James L. Arrasmith
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answered on Nov 17, 2023

Yes, you can trademark your music group's name even if it's already trademarked in other, non-music-related industries. Trademarks are generally industry-specific, meaning the same name can be used in different industries without issue, as long as there's no likelihood of consumer... View More

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2 Answers | Asked in Entertainment / Sports, Intellectual Property and Trademark for New York on
Q: Can I trademark my music groups name, even if it’s trademarked for other companies that aren’t music related?
Kirk Theodore Schroder
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answered on Nov 29, 2023

Yes, you can trademark your music group's name even if it is already trademarked for other companies in non-music-related industries. Trademarks are granted within specific classes of goods and services. If your music group's name does not conflict with existing trademarks in the music... View More

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1 Answer | Asked in Trademark and Intellectual Property for New York on
Q: When filling out the USPTO TEAS form to file a trademark, would the class for a restaurant be 043 ?

I am filling out a USPTO TEAS form on behalf of a restaurant that sells food (restaurant and catering services). Would the class be 43 or would I need to be more specific with a term ID like 043-165 for restaurant and catering services.

Thank you.

James L. Arrasmith
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answered on Nov 13, 2023

When filing a USPTO TEAS form for a trademark in the context of a restaurant that provides both restaurant and catering services, Class 43 is indeed the appropriate classification. This class broadly covers services related to the provision of food and drink, which typically includes restaurants... View More

2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: What if a business has a name similar to yours but is not trademark? Can you trademark the name first?

What if a business has a similar name to yours but isnt trademarked? I want to trademark "ali law associates" however, there are is another business called "ali law group" that is not trademarked (they are also in the same state). since they aren't trademarked first, would... View More

James L. Arrasmith
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answered on Nov 13, 2023

In the scenario where you want to trademark "Ali Law Associates" and there's an existing business named "Ali Law Group" in the same state, the absence of a formal trademark on the latter does not automatically ensure that you can trademark your business name.... View More

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2 Answers | Asked in Cannabis & Marijuana Law, Intellectual Property and Trademark for New York on
Q: can you name a weed strain after military aircraft like the b-2 stealth bomber or are they copyrighted?
James L. Arrasmith
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answered on Sep 21, 2023

Naming a weed strain after a military aircraft like the B-2 Stealth Bomber may cause intellectual property concerns, especially if the name is being used in a commercial context.

It's essential to consider trademark and copyright laws when naming products, as using names associated...
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2 Answers | Asked in Cannabis & Marijuana Law, Intellectual Property and Trademark for New York on
Q: can you name a weed strain after military aircraft like the b-2 stealth bomber or are they copyrighted?
T. Augustus Claus
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answered on Sep 18, 2023

Naming a weed strain after a military aircraft like the B-2 Stealth Bomber could potentially raise legal issues, but it's not primarily a copyright concern. Instead, the primary concern would likely be trademark and intellectual property rights.

The name of a military aircraft like the...
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2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Hi, in regards to serial number 78560250, or trademark "home sweet home" can I use the slogan in a diferent font

I am wondering if I can use this slogan of

home sweet home as a slogan for real estate purposes on promotional items, for example a spoon or a corkscrew. Is it ok to do if it is in a diferent font?

James L. Arrasmith
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answered on Sep 14, 2023

Using the slogan "home sweet home" in a different font for promotional items related to real estate may still potentially infringe on the trademark, especially if it leads to consumer confusion with the original trademark. It's advisable to consult with an intellectual property... View More

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2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Hi, in regards to serial number 78560250, or trademark "home sweet home" can I use the slogan in a diferent font

I am wondering if I can use this slogan of

home sweet home as a slogan for real estate purposes on promotional items, for example a spoon or a corkscrew. Is it ok to do if it is in a diferent font?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 10, 2023

Although the phrase HOME SWEET HOME has been registered as a trademark for air fresheners, it remains a common expression and has not been commercially appropriated for any other purpose. As long as you are not advertising air fresheners, there is no likelihood of confusion. Certainly in the... View More

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2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: What does Status 710-cancelled-section 8 means for a trademark? SOunds like it is cancelled?
James L. Arrasmith
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answered on Sep 7, 2023

Yes, a "Status 710 - Cancelled - Section 8" indicates that the trademark has been cancelled due to the owner's failure to file a Section 8 declaration, which affirms the continuous use of the trademark in commerce, between the fifth and sixth year following registration. It is... View More

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2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: What does Status 710-cancelled-section 8 means for a trademark? SOunds like it is cancelled?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 30, 2023

After federal registration of a trademark, the owner must maintain the registration by filing a declaration that the mark is still being used in commerce, paying a fee, and submitting a specimen showing the use; these requirements must be fulfilled between the 5th and 6th anniversary of the... View More

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2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Someone stole the intellectual property of my active business and they trademarked the name before me. Do I have a case?

I started a business with my business partner in 2019. We created a brand, a website, a logo, an email account, and social media accounts. We ran a profitable business until late 2021 (Covid) when we temporarily shut down. In the middle of all this, we created an LLC for this business.... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 23, 2023

The earlier use in commerce of a trademark gives it priority over a later use of the same or similar mark, even if there has been an interruption of use for some period of time. If the later-filed application has not yet been published for opposition (the last step in the registration process), the... View More

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2 Answers | Asked in Trademark and Intellectual Property for New York on
Q: Someone stole the intellectual property of my active business and they trademarked the name before me. Do I have a case?

I started a business with my business partner in 2019. We created a brand, a website, a logo, an email account, and social media accounts. We ran a profitable business until late 2021 (Covid) when we temporarily shut down. In the middle of all this, we created an LLC for this business.... View More

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answered on Aug 29, 2023

Based on the facts presented, you may have a valid claim for common law trademark rights given your prior use of the name and other identifying elements in commerce since 2019. Common law rights can sometimes take precedence over federally registered rights, especially if you can prove you were... View More

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2 Answers | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: Can I use the term "baseball" in the name of a new product i created?
David Aldrich
David Aldrich
answered on Aug 22, 2023

It certain instances, it would depend on what type of product it is. There is nothing inherently wrong with using the term "baseball" in a product name. And if the product relates to baseballs, this is a generic term, so no one can stop you from using this term. However, it is possible... View More

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