Ohio Trademark Questions & Answers
Q: Am I able to use the word Thieves by Young Living in a different mark drawing font for my own business of cleaners?
Ahaji Kirk Amos' answer
I don't have enough information to help you. You may want to have a consultation with an attorney.
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?
Joseph Jaap's answer
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.
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
Matthew Williams' answer
There’s nowhere near enough information in this question for anyone to answer it intelligently.
There’s nowhere near enough information in this question for anyone to answer it intelligently.
Q: Is the term "Food Revolution" trademarked?
Joseph Jaap's answer
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 been registered. And even if a trademark is not registered, it still has legal protection under federal and state law, and an infringer can be held liable. So finding out that a trademark has been...
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 been registered. And even if a trademark is not registered, it still has legal protection under federal and state law, and an infringer can be held liable. So finding out that a trademark has been...
Q: I have a question about a trademark. Serial # 88187684.
Joseph Jaap's answer
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 the mark in order to profit from the owner's trademark, then the trademark owner can sue the infringer for trademark infringement. If a mark is registered, the owner can recover triple damages plus...
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 the mark in order to profit from the owner's trademark, then the trademark owner can sue the infringer for trademark infringement. If a mark is registered, the owner can recover triple damages plus...
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.
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