Ohio Trademark Questions & Answers
Q: I am Laiston Jerels. Is there a way to renew this Trademark?
Joseph Jaap's answer
If the application has been abandoned, then you will have to file a new application with the USPTO to start the process over again.
If the application has been abandoned, then you will have to file a new application with the USPTO to start the process over again.
Q: Can I renew trademark 87016911
Joseph Jaap's answer
If the application has been deemed abandoned, then you will have to file a new application with the USPTO to start the process over again.
If the application has been deemed abandoned, then you will have to file a new application with the USPTO to start the process over again.
Q: how do I know if an image/logo is trademarked?
Jason Brooks' answer
The only way is to conduct an image search via the USPTO's database of registered trademarks. Images are a bit tougher to research than word marks, because there's a bit of subjective interpretation in the description of the designs and their potential similarity to other registered marks. With that said, an experienced attorney can help perform these services and get your mark registered. If you'd like additional info, you can email me at: Jason@altviewlawgroup.com for help.
The only way is to conduct an image search via the USPTO's database of registered trademarks. Images are a bit tougher to research than word marks, because there's a bit of subjective interpretation in the description of the designs and their potential similarity to other registered marks. With that said, an experienced attorney can help perform these services and get your mark registered. If you'd like additional info, you can email me at: Jason@altviewlawgroup.com for help.
Q: Can I submit my trademark just as a name for now for use in the future?
Benton R Patterson III's answer
It is possible, but generally not recommended. If you claim only the words, and not the look of the mark, the registration will not apply to the look. Also, in order to obtain and maintain a trademark, you have to use it. There may be limited circumstances where you would want to do this. You should speak with a trademark attorney on the best way to proceed.
It is possible, but generally not recommended. If you claim only the words, and not the look of the mark, the registration will not apply to the look. Also, in order to obtain and maintain a trademark, you have to use it. There may be limited circumstances where you would want to do this. You should speak with a trademark attorney on the best way to proceed.
Q: I filed a LLC 8 ish months ago called Simple Shower Club LLC someone emailed me from simple shower saying its tm infring
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local intellectual property or trademark attorney to review all the facts and advise you whether it could be an infringement or not, and what are your options. There are significant penalties for trademark infringement.
Use the Find a Lawyer tab to retain a local intellectual property or trademark attorney to review all the facts and advise you whether it could be an infringement or not, and what are your options. There are significant penalties for trademark infringement.
Q: Can I file a Trademark for a similar idea to someone else's as long as there's a slight difference?
Benton R Patterson III's answer
Most likely not, but an attorney would need to know all the facts to give a confident answer.
Most likely not, but an attorney would need to know all the facts to give a confident answer.
Q: I created a class and would like to get it protected but dont know what I need.
2 Answers
| Asked
in
Copyright, Patents (Intellectual Property) and Trademark
for
Ohio
on
Answered on Oct 25, 2017
Answered on Oct 25, 2017
Will Blackton's answer
What type of class? How is the class material presented?
It's likely that copyright is the appropriate type of protection, but it's unclear without more information.
What type of class? How is the class material presented?
It's likely that copyright is the appropriate type of protection, but it's unclear without more information.
Q: I see that GM has the term FastTrack trademarked. Can our business use Fast Track as the name of a new program?
Joseph Jaap's answer
It depends on whether your use of that same mark could be confusing to consumers. If so, you could be liable for triple damages, and could have to pay GM's legal fees if a court determines that you infringed. GM has enough money to fund legal action against you. Use the Find a Lawyer tab and consult a local intellectual property attorney who can review your use and discuss the risks with you before you do it.
It depends on whether your use of that same mark could be confusing to consumers. If so, you could be liable for triple damages, and could have to pay GM's legal fees if a court determines that you infringed. GM has enough money to fund legal action against you. Use the Find a Lawyer tab and consult a local intellectual property attorney who can review your use and discuss the risks with you before you do it.
Q: I am entering a partnership with someone and need assistance on how to protect myself.
2 Answers
| Asked
in
Business Formation, Contracts, Intellectual Property and Trademark
for
Ohio
on
Answered on Aug 22, 2017
Answered on Aug 22, 2017
Joseph Jaap's answer
You are prudent to seek assistance for your business relationship and protection of your artwork - before you begin. Use the Find a Lawyer tab and contact a local business attorney who can advise you and answer questions about business formation and copyright protection.
You are prudent to seek assistance for your business relationship and protection of your artwork - before you begin. Use the Find a Lawyer tab and contact a local business attorney who can advise you and answer questions about business formation and copyright protection.
Q: Can a logo that was purchased on Etsy by numerous people be trademarked?
Michael Gerity's answer
There are an awful lot of issues here that can't be addressed without more facts, but here are some initial thoughts. First off, any copyright would be held by the designer of the logo. Presumably, if you purchase the logo from the designer, then it would come with at least a license to use the logo. That's something you would want to confirm with the seller.
As for using the logo in conjunction with your business, that would depend entirely upon whether or not another business...
There are an awful lot of issues here that can't be addressed without more facts, but here are some initial thoughts. First off, any copyright would be held by the designer of the logo. Presumably, if you purchase the logo from the designer, then it would come with at least a license to use the logo. That's something you would want to confirm with the seller.
As for using the logo in conjunction with your business, that would depend entirely upon whether or not another business...
Q: How can someone trademark fairy dust?
Dr. Jamie Cuticchia's answer
A trademark is mark which is associated with goods or services. It originates from the use of specific insignia by silversmiths in England to differentiate their work from another.
In order to trademark "fairy dust, " first the mark cannot already be in use for the class of goods you would want the trademark for. You can file either as an "intent to use" or "used in commerce" status. Intent to use is basically filing the trademark paperwork before the mark is actually used in...
A trademark is mark which is associated with goods or services. It originates from the use of specific insignia by silversmiths in England to differentiate their work from another.
In order to trademark "fairy dust, " first the mark cannot already be in use for the class of goods you would want the trademark for. You can file either as an "intent to use" or "used in commerce" status. Intent to use is basically filing the trademark paperwork before the mark is actually used in...
Q: friend came up with a slogan for a shirt, I created the design for it. I want to use it as my company name. Do I owe him
1 Answer
| Asked
in
Business Law, Intellectual Property and Trademark
for
Ohio
on
Answered on Jun 5, 2017
Answered on Jun 5, 2017
Joseph Jaap's answer
A slogan is usually too short for copyright protection, so must be protected as a trademark or service mark. That either requires registration with the state or being used in commerce. If he has not registered it or used it in business, then he probably could not succeed on a claim against you. But anyone can sue for almost anything. And even if he doesn't sue you, he might feel cheated. Use the Find a Lawyer tab to consult a local business attorney about starting your business and also...
A slogan is usually too short for copyright protection, so must be protected as a trademark or service mark. That either requires registration with the state or being used in commerce. If he has not registered it or used it in business, then he probably could not succeed on a claim against you. But anyone can sue for almost anything. And even if he doesn't sue you, he might feel cheated. Use the Find a Lawyer tab to consult a local business attorney about starting your business and also...
Q: Creating an events mobile app and one of the events would be Netflix and Chill. I see it's trademarked. How to go about?
Joseph Jaap's answer
Use the Find a Lawyer tab to contact a local trademark attorney who can review the situation, what you intend to do, the ownership of the other trademarks, and advise you on your options. It depends on all those facts that the attorney will have to review before being able to advise you.
Use the Find a Lawyer tab to contact a local trademark attorney who can review the situation, what you intend to do, the ownership of the other trademarks, and advise you on your options. It depends on all those facts that the attorney will have to review before being able to advise you.
Q: How do I transfer a trademark to someone else?
Joseph Jaap's answer
A trademark can be "assigned" (fancy lawyer word for sold or transferred) with a simple assignment document. If the trademark is registered with the US Patent and Trademark Office, the assignment can be recorded with the USPTO.
A trademark can be "assigned" (fancy lawyer word for sold or transferred) with a simple assignment document. If the trademark is registered with the US Patent and Trademark Office, the assignment can be recorded with the USPTO.
Q: I would like to start a decor business. I will sell items I make. What class of goods would that be so I can trademark?
Joseph Jaap's answer
The USPTO web site provides the Acceptable Identification of Goods and Services Manual (ID Manual) which lists many categories of goods which are in different classes. Here is the link:
https://tmidm.uspto.gov/id-master-list-public.html
The items you list are in several different classes for goods to register your trademark. An application can include one of more classes. You could also apply to register the name or mark used with your business a service class to apply as a...
The USPTO web site provides the Acceptable Identification of Goods and Services Manual (ID Manual) which lists many categories of goods which are in different classes. Here is the link:
https://tmidm.uspto.gov/id-master-list-public.html
The items you list are in several different classes for goods to register your trademark. An application can include one of more classes. You could also apply to register the name or mark used with your business a service class to apply as a...
Q: I plan on making a short run of action figures from the movie small soldiers, tm was cancelled in 08 is there any issues
Joseph Jaap's answer
Yes, there could be problems. There is no requirement to register a trademark. Many famous marks are unregistered, and still enjoy legal protection at both state and federal law. The registration of a mark might be cancelled or expire, and the owner of the mark can still assert rights in the mark. You should consult with trademark counsel to review the status of the mark and your intentions, to advise you of the risks.
Yes, there could be problems. There is no requirement to register a trademark. Many famous marks are unregistered, and still enjoy legal protection at both state and federal law. The registration of a mark might be cancelled or expire, and the owner of the mark can still assert rights in the mark. You should consult with trademark counsel to review the status of the mark and your intentions, to advise you of the risks.
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