Pennsylvania Trademark Questions & Answers

Q: I want to trademark my Company's brand and and logo. Can anyone help? Thanks

1 Answer | Asked in Business Formation, Business Law and Trademark for Pennsylvania on
Answered on Sep 17, 2018
Cary B. Hall's answer
Sure - contact Bob Duminiak, Esq. at Howson & Howson in Blue Bell. He's the guy.

Robert J. Duminiak, Esq.

Howson & Howson, LLP

Bldg. 620, Suite 210

350 Sentry Parkway

Blue Bell, PA 19422

Phone: 215-540-9200

Fax: 215-540-5818

Email: rduminiak@howsoniplaw.com

Q: I'm a war/vintage style artist and I was wondering how can I legally use aircrafts and vehicles in all my prints?

1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Answered on Jun 20, 2018
Peter N. Munsing's answer
As long as you aren't lifting the entire image and photo reproducing it no. You may paint a subject already painted--many art students do this. I'm not seeing the concern. If you are painting an aircraft shown in a photo it's not a copyright violation. I believe you may be over thinking this but if you have a specific concern why not ask a copyright lawyer.

Q: Asking about trademark information. Don't know how to read a TESS. Know the process is involved. Need help. Thank you.

1 Answer | Asked in Trademark for Pennsylvania on
Answered on Jun 13, 2018
Benton R Patterson III's answer
I agree that it is a good idea to make sure the application is completed correctly the first time.

Doing so can save money and years of time. Many attorneys provide free consultations and discounted or pro bono services. You can use Justia to locate a trademark attorney.

Q: With a trademark application, is it possible to list colloquial variations of your trademark name?

2 Answers | Asked in Intellectual Property and Trademark for Pennsylvania on
Answered on Jan 10, 2018
Andrew Zulieve Esq's answer
Your issues are a bit unclear, but these principles might be helpful:

1. The underlying right to use a particular trademark is acquired by actual use in commerce.

2. For a mark used in commerce but not registered with the U.S. Trademark Office, the geographical scope of protection extends to the geographical reach of actual use of the mark in commerce.

3. For a mark registered on the Principal Register of the U.S. Trademark Office, that mark enjoys protection against...

Q: Hello. Would this logo be an infringement of our logo? https://trademarks.justia.com/873/79/mf-87379413.html

1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Answered on Jan 6, 2018
Michael Gerity's answer
Hello. You actually haven't provided what YOUR logo is, so it's impossible to compare the two.

Q: I want to start a business named RZR edge performance, would that create a legal trademark issue with Polaris Industries

1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Answered on Jan 2, 2018
Benton R Patterson III's answer
It depends on what line of business you are in and the scope of the other trademark. I recommend discussing your business plans with a trademark attorney in a confidential conference.

Q: What are the legal risks for me selling a game system that looks like a nintendo nes but bears no trademark

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Pennsylvania on
Answered on Oct 16, 2017
Benton R Patterson III's answer
You could potentially be liable for trade dress infringement, which is very similar to what you are describing.

Q: Can a profession such as lifeguard be trademarked?

1 Answer | Asked in Trademark for Pennsylvania on
Answered on Sep 25, 2017
Benton R Patterson III's answer
You cannot prevent others from entering an entire business profession. However, you can obtain a trademark for lifeguard services that you provide.

Q: If a company called "Example Fitness, LLC" exists and "Example" is trademarked, can I call my company "Example Gym?" Thx

1 Answer | Asked in Trademark for Pennsylvania on
Answered on Sep 19, 2017
Michael Gerity's answer
In your example, the words "fitness" and "gym" are merely descriptive of the services provides. As such, that portion of your example marks would generally NOT be part of the protected elements. In fact, usually the trademark examiner will ask that the applicant disclaim any rights to such descriptive portions of the overall mark except when used as part of the overall mark. So, in most cases, the "example" portion of the mark would be the only part that is really protected, and therefore...

Q: If a trademark is cancelled, are we able to use/purchase it? Thank you!

1 Answer | Asked in Trademark for Pennsylvania on
Answered on Aug 4, 2017
Benton R Patterson III's answer
I would need to know more facts to fully answer your questions. Cancellation of a federal trademark registration significantly diminishes the mark owner's rights. Although, it is unsafe to assume that because the mark was cancelled, it is free to use. The owner may have common law rights in the mark or a state trademark registration. Also, the mark may have been cancelled by a court order for failure to meet a registration requirement. If so, the reasons for cancellation may apply to your...

Q: My college merged with another school and the name was changed. Would I be able to print the old name on shirts to sell?

1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Answered on Jun 3, 2017
Will Blackton's answer
You can find out if someone owns a live trademark on "Philadelphia University" by searching the United States Patent and Trademark Office's Trademark Electronic Search System. Pennsylvania also has a state trademark registration system, so search there also. If someone owns the trademark, contact them and obtain a license for your intended use. If your search doesn't turn up anything, you should contact an attorney in your state to determine your legal liability for using the name and logo...

Q: How do i begin the trademark process?

1 Answer | Asked in Trademark for Pennsylvania on
Answered on Apr 25, 2017
Nancy L Lanard's answer
It sounds like you are asking how to register a trademark with the U.S. Patent & Trademark Office. Although uspto.gov does have instructions for filing. However, this can be a difficult legal process that should start with a nationwide trademark search and then filing in the proper category. I strongly suggest that you retain experienced counsel to handle this for you. The process is lengthy - typically 9 months or more.

Q: I want to start selling private label Hot sauce and salsa. I want to use my last name with the word salsa or hot sauce

1 Answer | Asked in Business Formation, Business Law and Trademark for Pennsylvania on
Answered on Apr 19, 2017
Nancy L Lanard's answer
You do not need to have a trademark to sell. However, the federal trademark does protect the name so others cannot come in and copy it. I would also recommend that you copyright your recipe for the sauce. Good luck!

Q: Does the spelling of a trademark have to be correct? i.e. If a trademark is spelt "OneWord" could I use "One Word"?

1 Answer | Asked in Trademark for Pennsylvania on
Answered on Feb 2, 2017
Peter N. Munsing's answer
Generally you can't just put in a space if it's likely to be confused. Now if they don't have a trade mark or service mark that may be different.

Q: Can I use certain disney scrap kit for personal use on social media sites to make cover photos and profile pictures?

1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Answered on Jan 27, 2017
Will Blackton's answer
You would have to consult with an attorney, there is not enough information in your post to determine if you're in danger of trademark infringement.

So, you have three options:

(1) make these cover photos without consulting a lawyer and risk a lawsuit;

(2) make these cover photos after consulting a lawyer, implementing any changes to your plan that they advise, and face a lesser risk of a lawsuit;

(3) do not make these cover photos and avoid the risk of a...

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