Ohio Trademark Questions & Answers
Q: Do I need permission to organize an event with a "where's Waldo" theme? Does this infringe on the current copyrights?
If you use images of Waldo and other recognizable features of the books, then yes, it would infringe the copyright. Getting permission might be difficult to track down the owner. The book publisher might have the rights, or the author might have retained them. Use the Find a Lawyer tab to retain... Read more »
Q: Can I claim a trademark that contains a word that is ALREADY trademarked? Doctor Tasty's Mega Bites vs "Megabites"
I own a food truck business called "Doctor Tasty's Mega Bites" and we are considering franchising.
When I did a mark search, I noticed Churches Chicken trademarked "Megabites" for a chicken nugget they released in late 2017.
Is it likely our mark would be rejected because it... Read more »
It will definitely be rejected. A patent attorney could very likely overcome that rejection, however. Feel free to set up a consultation with me.
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Q: Am I able to use the word Thieves by Young Living in a different mark drawing font for my own business of cleaners?
I don't have enough information to help you. You may want to have a consultation with an attorney.
Q: In marketing, can we mention that our products were previously sold under a trademarked brand name?
Our products were sold exclusively by a large fortune 500 company under a trademarked brand name. They have recently stopped selling our products in lieu of creating their own line. I'd like to know if, in our marketing, we can say, [our product name] has been sold by [their company name] under the... Read more »
Use the Find a Lawyer tab to retain a local intellectual property attorney to review all the facts of the situation and advise you if the large company might take any action against you if you do that.
Q: How does this case look for the defendant James
He is not a good guy
There’s nowhere near enough information in this question for anyone to answer it intelligently.
Q: Is the term "Food Revolution" trademarked?
A trademark can be registered with the US Patent and Trademark Office, with any of the states, or with foreign countries. You can easily check the databases of any of those to find out if it has been registered. But there is no requirement to register a trademark. Many famous trademarks have not... Read more »
Q: I have a question about a trademark. Serial # 88187684.
There is a winged lion wearing a crown and holding a sword. Are those aspects of the design trademarked if they are used outside of a shield design and the words "CINCINNATI" and "FC" are not used?
A court would have to decide which elements of a trademark are significant, and if the overall impression of the other design infringes the trademark. If the trademark owner believes that design creates a likelihood of confusion with its trademark, or if the infringer's design is trying to imitate... Read more »
Q: I am Laiston Jerels. Is there a way to renew this Trademark?
At the time of abandonment, I was investing my resources into a home. Now I would like to get back to the process of getting this business in gear
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
I was putting my resources into a home at the time of abandonment, and am currently ready to launch my business
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?
i work at a bar, and created an image of ohio using the logos of the breweries in ohio. i want to be allowed to sell the image on shirts but dont know how to go about doing so. i do not know how to find if images are copyrighted or trademarked and therefore am unsure about my next step. any help is... Read more »
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... Read more »
Q: Can I submit my trademark just as a name for now for use in the future?
I plan to use this trademark for my business. I plan to change the look of my mark soon but I just want to trademark it right now
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... Read more »
Q: I want to sell a gift with this engraving “Davis-Besse Nuclear Power Station”. Do I need permission from the company?
A friend suggested I find out before marketing and selling the gifts to current and former workers at the power plant. Also, I am a current employee of the company that owns the nuclear plant.
Yes, you need to get permission.
Q: I filed a LLC 8 ish months ago called Simple Shower Club LLC someone emailed me from simple shower saying its tm infring
ement. I do not have a trademark but it says its still available.
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?
I came up with an idea for a mobile app and looked online to see if there was anything similar in the works. There is, and the person has trademarked the name and the general idea. But, it's not 100% identical. Their idea seems to be broader in scope than mine. If I come up with a different name... Read more »
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.
Do I need a patent, trademark, or copyright?
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?
This link is the page for their trademark: https://trademarks.justia.com/864/36/fasttrack-86436928.html
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... Read more »
Q: I am entering a partnership with someone and need assistance on how to protect myself.
She is making shirts and wants my artwork on them. We are combining businesses and it'll be 50/50. It's fair but if this doesn't work out in the long run how do I protect my artwork and business name? Will we both be able to produce the shirts still afterwards? Will she end up with rights to the... Read more »
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?
I am creating a new company and was browsing Etsy for logos. I stumbled upon a premade logo that is being sold with a company name. It is not one of a kind, therefore can be sold to other people as well. If it has not been copyrighted/trademarked/registered yet, am I able to use this logo and... Read more »
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... Read more »
Q: How can someone trademark fairy dust?
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... Read more »
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
Now he did not pay me or even ask me to make it I just did it based off our conversation. After I made the design I tried to sell it to him but he didn't want it. A few months later I wanted to create a design company using that slogan as the name. I want to use the design as my logo. Would I owe... Read more »
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.... Read more »
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