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Oregon Trademark Questions & Answers
1 Answer | Asked in Trademark for Oregon on
Q: I want to trademark a massager and the name I want is already registered with "Dr.( and name) who sells massage tables.

Would I likely get denied trademark even though their's is trademark with Dr. in front?

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 12, 2019

Yes, very very likely

It will depend on the category where the existing trademark is registered

You should work both with a brand consultant and an attorney to make sure your selected brand is both strong for your marketing purposes, as well as clear, available and has a good chance...
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2 Answers | Asked in Trademark for Oregon on
Q: If I want to sell a massager online and the name I want to trademark for it is already registered for a spa service,

would I probably get denied even though one is a good and one is a service?

Greg Freeze
Greg Freeze answered on Mar 5, 2019

Yes, a trademark would be denied if it is used in the same industry segment. How wide one defines segment is a bit of an art itself, but the trademarked phrase (that's a pun) is "likelihood of confusion." To me, massage and spa are just too close.

If the trademark of the "competitor" is...
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1 Answer | Asked in Trademark for Oregon on
Q: Can I get a trademark with status ABANDONMENT NOTICE MAILED - FAILURE TO RESPOND

In 2009 the status is as listed above. Am I able to register this trademark today?

Jason Brooks
Jason Brooks answered on Nov 16, 2018

If the mark is indeed abandoned, then yes it is available for you to prepare and file a new application for registration. Note that your application will be treated as new, so you'll have to go through the entire registration process; it will not simply pick up from the previous registration.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: Is the Star trek logo/insignia trademarked

Can other people use it? Or is it property of Paramount/CBS like I expect?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Apr 19, 2018

Without searching, I would say that is almost guaranteed that it is. As to use, there are some uses that would be allowed under fair use.

1 Answer | Asked in Copyright and Trademark for Oregon on
Q: trademark filed '17 has a 602 status. can I apply using same word but different graphic for similar purpose as describd

i don't see evidence of it's current use in commerce. but how to prove?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Feb 27, 2018

You can, as it is abandoned, but that does not mean your registration will be successful.

1 Answer | Asked in Copyright and Trademark for Oregon on
Q: I'm in a guitar build site and the question is one of trademarks.

If I put a logo, say "Fender" on a "look alike" for personal use only, am I breaking the law? I know if I try to sell it as a genuine "Fender" I would be guilty of fraud. But where is the line between personal use and fraud?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Nov 13, 2017

The thing is, my guess is you want it on there so that when people see you play they think it is a Fender. But its not. So, when you say it is for personal use, I am a bit skeptical if that is entirely accurate.

Otherwise, I would venture that even by just putting it on there, there could...
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1 Answer | Asked in Trademark for Oregon on
Q: Who gets the trademark when multiple small businesses use the same or a very similar name?

My small bakery business name is not currently registered on USPTO as a bakery, but several bakeries in other states have websites or social media pages with the same or a very similar name. I'd like to register it, but am wondering if I will lose the non-refundable application fees since some of... Read more »

Michael Gerity
Michael Gerity answered on Aug 31, 2017

When it comes to trademarks, priority matters most. Priority is established by using a mark, in commerce, in conjunction with the offering of particular goods and services. Generally, first to use in commerce gets priority rights to the mark, though there is an exception in that you can file an... Read more »

1 Answer | Asked in Trademark for Oregon on
Q: Masada

I see here that the name "Masada" is many times registered. I want my own brand for Dead Sea Cosmetics. Can I use the name "Masada" or "Masada Cosmetics" for this.

Regards.

Holger

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 23, 2016

You would need to hire a trademark attorney (or a service) to provide you with an opinion on this. No attorney is going to put in hours of work searching records and the internet to give you an opinion for free.

1 Answer | Asked in Trademark for Oregon on
Q: I am creating marketing for a veterinarian. Offer is : schedule dental, get a bag of Hills food. Need trademark symbol?

Creating an email and a flyer...do the pieces need to have the trademark symbol on them for Hills? I ask because we're not positioning ourselves as Hills, just saying they'll get a free bag from us.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Feb 26, 2016

It would be best to add the circle (r) symbol (assuming that is the registered mark) to it, as to better protect you from any objection by Hills.

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