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Oregon Trademark Questions & Answers
3 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: I’m writing a children’s book series with the Adventurers of Benny the Bigfoot and Wally the Whale. How to license

Do I need to get a trademark or register it?

Felicia Altman
Felicia Altman
answered on Dec 4, 2023

When writing a Children's Book the best protection is the copyright protection for the book. Be sure to once the final version of the book is complete to register the work with the Library of Congress. A copyright is not protected in court without being official registered work. The... View More

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3 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: I’m writing a children’s book series with the Adventurers of Benny the Bigfoot and Wally the Whale. How to license

Do I need to get a trademark or register it?

Jim Boness
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answered on Dec 5, 2023

You have a couple of options for protecting your original work, as described. The first would be to copyright the book, or books, you write. You could do them individually (single author, same claimant, one work, not for hire) and pay the $45 dollar e-copyright registration fees for each.... View More

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2 Answers | Asked in Intellectual Property and Trademark for Oregon on
Q: Could I legally use the name all the smoke as the name of my spice blend. Of course, it wouldn't be the company name
Jim Boness
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answered on Oct 2, 2023

This is not a copyright question, but really belongs in the realm of trademark law. Whether you can use any particular name for a product or business cannot be answered unless and until you do a thorough name clearance search. Yes, they do cost money, but the money spent upfront can be considered... View More

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2 Answers | Asked in Intellectual Property and Trademark for Oregon on
Q: Could I legally use the name all the smoke as the name of my spice blend. Of course, it wouldn't be the company name
James L. Arrasmith
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answered on Oct 15, 2023

Using "All the Smoke" as the name of a spice blend is contingent upon whether the phrase is already trademarked in a similar category of goods. To determine its availability, you would conduct a trademark search in the United States Patent and Trademark Office (USPTO) database. If... View More

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2 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: Can I use my own registered trademarked logo within graphic artwork and if I do can it be modified in any way?
James L. Arrasmith
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answered on Aug 6, 2023

You may generally use your own registered trademarked logo within graphic artwork. However, any modifications to the logo should be done with caution to avoid weakening the distinctiveness of the registered trademark and potentially infringing on the rights of others. It is advisable to consult... View More

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2 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: How do I trademark my art work so I can share it to my business social media safely
James L. Arrasmith
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answered on Mar 10, 2023

To trademark your artwork, you can file an application with the United States Patent and Trademark Office (USPTO). A trademark protects the use of a word, phrase, symbol, or design that identifies and distinguishes the source of the goods or services of one party from those of others. To apply for... View More

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2 Answers | Asked in Trademark and Intellectual Property for Oregon on
Q: How do I trademark my art work so I can share it to my business social media safely
Jim Boness
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answered on Mar 3, 2023

Trademark signifies a source of goods or services. Unless your artwork serves as a logo (which can be trademarked), you would have to demonstrate to the USPTO that the elements of your artwork are distinctive and unique enough (secondary meaning) to qualify as a source of goods. This can be... View More

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2 Answers | Asked in Trademark for Oregon on
Q: if a trademark has been abandoned or canceled can you print clothing with it on without getting in legal trouble

specifially the grateful dead dancing bear graphic

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 28, 2022

If a trademark registration has been cancelled, or if an application to register a trademark has been abandoned, that does not necessarily mean the trademark is no longer in use by its owner.

If the mark is still being used by its owner, but lacks a federal registration, your use for...
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1 Answer | Asked in Trademark for Oregon on
Q: The legality of using a companies logos on a startup's website for the user's information

Hello, I have a question about the legality of using a companies logos on a startup's website for the user's information on a topic of which companies developments we use in our product. For example: "We are working with --> then goes the logos (Google, OpenAI, Epic Games) -->... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 30, 2021

Depends on the use. Most of the time they would have a program to allow people to show their logos.

Consult with an attorney.

1 Answer | Asked in Business Law, Products Liability and Trademark for Oregon on
Q: Is the word “Witcher” by itself trademarked/copyrighted? Can I use the word to name a business?
Marcos Garciaacosta
Marcos Garciaacosta
answered on May 25, 2021

Maybe, it depends

You need to consult with an attorney to review your case and see what risks and options you have

1 Answer | Asked in Copyright and Trademark for Oregon on
Q: It looks like "the sorting hat" is TMed for toys and the like, but that I could use it in a coffee shop name, correct?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 21, 2021

Just because there is no federal US trademark on it does not mean it would be fair game. An analysis would be much deeper. Besides, there are three live marks for "the sorting hat" and one is for a bunch of printed material. If you look at that, let's say you could open a coffee... View More

4 Answers | Asked in Trademark for Oregon on
Q: There's a company called "xtrafun kid products", if I create a company called "extrafun" am I infringing ?

Actually, there's a trademark on "xtrafun kid products". So if I create a company called extrafun, is this bad?

how close does it have to be ? Will people be confused by the spelling differences, and is that sufficient ? Both companies are in the same product space

Kathryn Perales
Kathryn Perales
answered on Dec 21, 2020

Yes, it is very likely that the name you want to use, for the same products, would be considered confusingly similar, and thus unregisterable and infringing on the existing trademark.

Safest for you to choose another name ASAP - from what you say, any money you spend on marketing this...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: Can I trademark Floyd D Duck? I think the trademark has lapsed
William Scott Goldman
William Scott Goldman
answered on Jul 8, 2020

Well, assuming the grace period has already expired and there's no common law use or federal registration(s)/pending application(s) for anything identical or similar in the relevant categories, then you could attempt to register the mark. I'd recommend hiring a trademark attorney to... View More

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1 Answer | Asked in Trademark for Oregon on
Q: If someone is using a name on etsy without a business setup, will that prevent our trademark from being approved?

(US Trademark)

Evelyn Suero
Evelyn Suero
answered on Apr 20, 2020

Generally speaking, a trademark does not have to be used or owned by a formal business in order to be deemed a valid trademark; commercial use by a sole proprietor may be deemed "use in commerce" for trademark purposes. If your question is referring to approval by a federal trademark... View More

1 Answer | Asked in Copyright and Trademark for Oregon on
Q: If I wanted to title a book with "Portlandia" in the name, do I need to get permission? Or is this a commonly used name?

It's being used in reference to the city of Portland. More of just a fancy way of saying Portland.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 29, 2020

Depends on how you are using it. Portlandia is a trademark for several items, see the USPTO's TESS search for details.

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...
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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.

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