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North Carolina Trademark Questions & Answers

1 Answer | Asked in Copyright and Trademark for North Carolina on

Q: Do you have to blur out car logo on personal image if use for custom shirt?

Ahaji Kirk Amos answered on May 17, 2019

You can't use another's logo in a confusingly similar manner, i.e. that is likely to cause confusion as to the source of the goods or insinuates endorsement.

1 Answer | Asked in Trademark for North Carolina on

Q: How can I take control of an abandoned trademark?

Griffin Klema answered on Apr 11, 2019

Well, you don't. Trademark rights are acquired by use. A REGISTRATION is not the source of the trademark RIGHT, using a mark crates the right. So the fact that a registration is abandoned doesn't mean you can't acquire trademark rights, and you don't simply take over a dead application. I've... Read more »

1 Answer | Asked in Trademark for North Carolina on

Q: How can I use my registered trademark?

I am getting ready to register my company name and logo as a trademark for use as a YouTube brand and on social media. If I want to also send out an e-newsletter for the brand or sell promotional items online with my registered logo on them (t-shirts, hats, mugs, journals, tote bags, etc.), Do I... Read more »

John Martin Hilla answered on Jan 31, 2019

You should speak with a trademark attorney in private consultation. A trademark protects consumers from confusion as to the source and quality of a product or service, and trademarks are registered, therefore, for that purpose. In other words, it's your use of the trademark in interstate commerce... Read more »

1 Answer | Asked in Business Formation, Trademark and Intellectual Property for North Carolina on

Q: Can I register my new business name as an LLC if it's different from an incorporated company's name by only one letter?

I'm rebranding my graphic design business in Raleigh, NC and I've found the perfect name. However, the name is similar to another company's name; the only difference is my new name has an additional letter in it to distinguish it from this other company. My company would be registered as an LLC;... Read more »

Will Blackton answered on Sep 28, 2018

Your question can be answered a few ways:

Will the North Carolina Secretary of State accept your LLC's articles of organization if the name differs by only one letter from another entity also registered in North Carolina? Yes, the NC Secretary of State will permit registration so long as...
Read more »

1 Answer | Asked in Trademark for North Carolina on

Q: How can I get help processing my Trademark through?

Justia Trademarks Categories Education and entertainment ICP T.E.A.M.S - Trademark Details

ICP T.E.A.M.S - Trademark Details

Status: 641 - Non-Final Action - Mailed

Image for trademark with serial number 87645871

Serial Number87645871

Word MarkICP... Read more »

Benton R Patterson III answered on Jun 20, 2018

You should contact a trademark attorney to respond to the office action. If you do not respond in time, the trademark application will be abandoned.

1 Answer | Asked in Copyright, Entertainment / Sports and Trademark for North Carolina on

Q: Dealing with an issue whether I'm able to use multiple song titles on a website that creates profit without song content

Creating a website that creates profit, however, I want to know if I'm able to use song titles without any of their physical content (for example without their lyrics or digital media). I only need the titles.

Thank you for your time.

Jason Brooks answered on Apr 13, 2018

I’m inclined to say yes, but definitely would need more info regarding the intended use. Feel free to email me at: Jason@altviewlawgroup.com to discuss

1 Answer | Asked in Trademark for North Carolina on

Q: If you have paid for a trademark, have the registration number, a 700-registered, does it have to be renewed?

My brother died a year ago and I was his partner and have taken over the business. Nothing official on paper.

He was not married and had a minor son at that time (now 18). What should I do to make sure

it stays mine.

Benton R Patterson III answered on Jan 29, 2018

There are a lot of legal issues in your question, more than can be resolved in a forum like this. A few points may be helpful:

1. Trademarks must be renewed.

2. Trademark rights are not obtained by paying for a registration, they are obtained by using the mark in commerce....
Read more »

1 Answer | Asked in Trademark for North Carolina on

Q: What trademark classes do you recommend I register for my brand/trademark.

I want protection from others using it for any business. It's a name that will be focused on the marijuana industry with it's logo and brand on products such as clothing, glass, and other products and also online services.

Michael Gerity answered on Jan 22, 2018

With trademarks, the association between your mark and a PARTICULAR type of goods and/or services is a critical element. As such, you have to pick which particular goods and/or services you are going to use the mark with, and then actually use the mark in conjunction with the offering or sale of... Read more »

1 Answer | Asked in Trademark for North Carolina on

Q: What steps should I take to get my product on the shelves?

I want to sell a product but I'm really not sure the steps I should take. Should I trademark it first or...? I've tried googling it but I really don't know how all of this works on the legal side of things. I would appreciate any help I can get.

Michael Gerity answered on Sep 22, 2017

Before you even get to trademarks, you should be considering things like forming a business entity, getting a tax ID number, looking into state and local tax (sales tax, use tax, etc) issues, etc. You also need to consider contracts with stores or other sales channels, and if you haven't done so... Read more »

1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for North Carolina on

Q: I am forming an LLC with a partner. The LLC name is each of our last names. How can I protect the name of the LLC?

We are located in NC.

The name has already been registered and brand developed.

Will a trademark on the name, owned by myself or the LLC protect the LLC name?

Can each member give up the rights to take their name in the operating agreement?

Cameron Lambe answered on Sep 20, 2017

While I'm not exactly sure what the second part of your question is asking, a trademark filed with the USPTO will protect the LLC name if it is distinctive and unique, and that will apply nation-wide. Many local businesses don't opt for this level of protection if they only plan to operate... Read more »

1 Answer | Asked in Business Formation and Trademark for North Carolina on

Q: Hello, I am starting a new business and already secured the domain name "mystockmarketsignals"...

Now, I found where someone else has a "service mark" trademark of "stock market signals".... Do I have to give up my original business name? Thx! Jim

As a follow up... why would the USPTO allow a trademark of these common words?...... A trademark should be a mark of distinction to set a... Read more »

Michael Gerity answered on Sep 11, 2017

Well, it sounds like you have not started using your mark in commerce, which is what is required to secure a priority date vs. another user. As such, if their mark is actually valid (federally registered marks are entitled to a presumption of validity, but that presumption can be overcome in... Read more »

1 Answer | Asked in Trademark for North Carolina on

Q: "THIS GIRL" has a trademark. Can you use "this girl loves jesus" or "this girl loves hiking" on a t-shirt or not

Benton R Patterson III answered on Sep 11, 2017

It depends on what goods or services the registered trademark is associated with and what your business does. A trademark attorney would need to review the other mark and your proposed business.

1 Answer | Asked in Intellectual Property and Trademark for North Carolina on

Q: Can I use a theme from something that's trademarked if I'm using it in a completely different field/context?

I'm writing software that's named something similar to, but different from, "Jiffy" (the popcorn). I'd like to use an cartoon version of popcorn popping in a tin bubble for a stylistic effect as a logo. The software has nothing to do with food (popcorn or otherwise). It's just playing on the speed... Read more »

Will Blackton answered on Aug 10, 2017

The key question is: will this cause consumer confusion?

This is a question that can only be answered by a judge, but an attorney can assist you. I am not your attorney, and this incredibly fact-specific question would require careful examination of facts outside of what is contained in...
Read more »

1 Answer | Asked in Copyright and Trademark for North Carolina on

Q: Do I need permission to use my image of someone else's product in my product? i.e.Image of a cymbal in my drum software

Will Blackton answered on Mar 1, 2017

If you use an image of a cymbal, produced by someone else, in software you produce: Yes, you need their permission to use their image or you could face a copyright infringement action.

1 Answer | Asked in Copyright and Trademark for North Carolina on

Q: Tho this band has "trademarked" their name.May I use the name for a business thats non musical/not inspired by them?

I'm looking to start a clothing/skateboarding company. I came up with the name of "Scythe" , or maby "Scythe Skateboards". But I looked online and found that there's a musical band called "SCYTHE", apparently they trademarked it like a year or 2 ago. But I in no way had the intention to copy they... Read more »

Will Blackton answered on Feb 9, 2017

The success of a trademark infringement lawsuit depends on whether the defendant's use causes a likelihood of confusion in the average consumer.

The U.S. Patent Office explains on its website:

Generally, the court will consider evidence addressing various factors to determine...
Read more »

1 Answer | Asked in Copyright, Intellectual Property, Trademark and Entertainment / Sports for North Carolina on

Q: what is the process to trademark a name or logo

Will Blackton answered on Feb 9, 2017

The process to trademark a name or logo, as well as other informational resources, can be found at: https://www.uspto.gov/trademark

1 Answer | Asked in Trademark for North Carolina on

Q: How many products can I put under one description, I.e. shirts, hats, coffee mugs, coasters, stickers, etc.

Trademark inquiry

Robert Jason De Groot answered on Nov 5, 2015

For what reason? What are the facts? What is the context?

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