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Ohio Trademark Questions & Answers
2 Answers | Asked in Copyright and Trademark for Ohio on
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]... Read more »

Joseph Jaap
Joseph Jaap
answered on Apr 22, 2019

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.

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1 Answer | Asked in Trademark for Ohio on
Q: How does this case look for the defendant James

He is not a good guy

Matthew Williams
Matthew Williams
answered on Apr 18, 2019

There’s nowhere near enough information in this question for anyone to answer it intelligently.

1 Answer | Asked in Trademark and Intellectual Property for Ohio on
Q: Is the term "Food Revolution" trademarked?
Joseph Jaap
Joseph Jaap
answered on Apr 18, 2019

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 »

1 Answer | Asked in Trademark for Ohio on
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?

Joseph Jaap
Joseph Jaap
answered on Feb 22, 2019

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... Read more »

1 Answer | Asked in Trademark for Ohio on
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

Joseph Jaap
Joseph Jaap
answered on Jun 21, 2018

If the application has been abandoned, then you will have to file a new application with the USPTO to start the process over again.

1 Answer | Asked in Trademark for Ohio on
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

Joseph Jaap
Joseph Jaap
answered on Jun 21, 2018

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.

2 Answers | Asked in Copyright and Trademark for Ohio on
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 »

Jason Brooks
Jason Brooks
answered on Jun 6, 2018

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... Read more »

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1 Answer | Asked in Trademark for Ohio on
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

Benton R Patterson III
Benton R Patterson III
answered on May 29, 2018

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 »

1 Answer | Asked in Copyright and Trademark for Ohio on
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.

John Espinosa
John Espinosa
answered on May 27, 2018

Yes, you need to get permission.

1 Answer | Asked in Intellectual Property and Trademark for Ohio on
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.

Joseph Jaap
Joseph Jaap
answered on Jan 29, 2018

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.

1 Answer | Asked in Trademark for Ohio on
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... Read more »

Benton R Patterson III
Benton R Patterson III
answered on Jan 12, 2018

Most likely not, but an attorney would need to know all the facts to give a confident answer.

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Ohio on
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?

Will Blackton
Will Blackton
answered on Oct 25, 2017

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.

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1 Answer | Asked in Trademark for Ohio on
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

Joseph Jaap
Joseph Jaap
answered on Sep 19, 2017

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... Read more »

2 Answers | Asked in Business Formation, Contracts, Intellectual Property and Trademark for Ohio on
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... Read more »

Joseph Jaap
Joseph Jaap
answered on Aug 22, 2017

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.

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1 Answer | Asked in Copyright and Trademark for Ohio on
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 »

Michael Gerity
Michael Gerity
answered on Aug 8, 2017

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... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Ohio on
Q: How can someone trademark fairy dust?
Dr. Jamie Cuticchia
Dr. Jamie Cuticchia
answered on Jul 26, 2017

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...
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1 Answer | Asked in Business Law, Intellectual Property and Trademark for Ohio on
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... Read more »

Joseph Jaap
Joseph Jaap
answered on Jun 5, 2017

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 »

1 Answer | Asked in Trademark for Ohio on
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?

Creating an events mobile app and one of the events would be Netflix and Chill. I see it's trademarked by some individual who is not Netflix. How should I go about this thereby avoiding any legal repercussions by the individual holding the Trademark and Netlflix?

Joseph Jaap
Joseph Jaap
answered on Mar 13, 2017

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.

1 Answer | Asked in Trademark for Ohio on
Q: How do I transfer a trademark to someone else?
Joseph Jaap
Joseph Jaap
answered on Jan 16, 2017

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.

1 Answer | Asked in Trademark for Ohio on
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?

I plan to make carpets, tables, cup holders, candle holders, pencil holders, vases.

Joseph Jaap
Joseph Jaap
answered on Jan 9, 2017

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...
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