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Pennsylvania Trademark Questions & Answers

1 Answer | Asked in Intellectual Property, Trademark and Business Formation for Pennsylvania on

Q: Hi! I am starting an app called align. It will be in the fitness space. Can I trademark the name even tho there r others

I see many align trademarks, so wondering if it is industry that sets them apart or if it's the font? I assume there must be a defining feature to allow them to trademark so many versions of "align".

Also wondering with a tech app, will I need intellectual property or any other form of... Read more »

Jason Brooks answered on Jun 18, 2019

Trademarks are differentiated by "Class" -- When you submit an application for a trademark registration, you must specifically identify which stream of commerce you are using your mark, and if the USPTO finds that there is no likelihood of confusion with another existing mark, you will be granted a... Read more »

1 Answer | Asked in Trademark for Pennsylvania on

Q: I bought the domain superhost.co and want to name my company superhost LLC in PA. Violating the airbnb superhost TM?

It seems their trademark is just for a specific logo. Thanks for any help

Ahaji Kirk Amos answered on Apr 22, 2019

Maybe. The standard is the likelihood of confusion. Two companies may register and use the same words as their trademark and not be infringing if there is not a likelihood of confusions between the two uses. There is alot of information on my website on the topic.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Pennsylvania on

Q: Can I use the name nex and trademark it for use in the e-cigarette/ dietary supplement classes?

Peter N. Munsing answered on Apr 19, 2019

You need to find out if someone else is using it. The Navy PX is called NEX and would have at least a service mark if not a trademark. There would be a problem if a Court found there was confusion. So I think unless you get their permission that isn't likely but I would suggest you contact a... Read more »

2 Answers | Asked in Copyright and Trademark for Pennsylvania on

Q: how do i get around a trade mark in a description text?

I've been asked to take down a product on my art shop that is listed as "The Boston Marathon" apparently that text or logo is trademarked by the baa. I do not use any of their logos or trademarks on my product, just describe the product as the Boston Marathon. Am I still infringing on their... Read more »

Ahaji Kirk Amos answered on Apr 17, 2019

You can't use that phrase as it is owned by someone else. There's no way to get around it other than asking for permission to use it and being approved.

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1 Answer | Asked in Business Formation, Business Law and Trademark for Pennsylvania on

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

Cary B. Hall answered on Sep 17, 2018

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:...
Read more »

1 Answer | Asked in Copyright and Trademark for Pennsylvania on

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

I have been a huge fan of ww1 and ww2 engineering and designs. I love to use military items to create totally new designs that celebrate a famous ship or a plane for example. I also create fictional stories within the ww1/2 era by using famous planes and cars in scenes (like artist James Dietz does... Read more »

Peter N. Munsing answered on Jun 20, 2018

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... Read more »

1 Answer | Asked in Trademark for Pennsylvania on

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

I have what may be a ?product line? idea. It's a name to represent spiritually based slogans which can go on anything from refrigerator magnets to T-shirts, etc. I've looked on the government website and got lost in the process of a bunch of forms which may have well been written in Greek. It's too... Read more »

Benton R Patterson III answered on Jun 13, 2018

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.

2 Answers | Asked in Intellectual Property and Trademark for Pennsylvania on

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

When you trademark a name, I know that variations are covered under the idea that they create conflict but is it possible to list known variations that are used colloquially under the same application or do they all need to be done separately? For example if the official name is Product-X Service... Read more »

Andrew Zulieve Esq answered on Jan 10, 2018

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...
Read more »

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1 Answer | Asked in Copyright and Trademark for Pennsylvania on

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

Many people are copying our company and we'd like to end the confusing likeness. Thank you.

Michael Gerity answered on Jan 6, 2018

Hello. You actually haven't provided what YOUR logo is, so it's impossible to compare the two.

1 Answer | Asked in Copyright and Trademark for Pennsylvania on

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

RZR is a trademark registered to Polaris Industries

Benton R Patterson III answered on Jan 2, 2018

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.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Pennsylvania on

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

what could I potentially face if caught

Benton R Patterson III answered on Oct 16, 2017

You could potentially be liable for trade dress infringement, which is very similar to what you are describing.

1 Answer | Asked in Trademark for Pennsylvania on

Q: Can a profession such as lifeguard be trademarked?

Can someone trademark LIFEGUARD and prevent others from using it on clothing?

Benton R Patterson III answered on Sep 25, 2017

You cannot prevent others from entering an entire business profession. However, you can obtain a trademark for lifeguard services that you provide.

1 Answer | Asked in Trademark for Pennsylvania on

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

Michael Gerity answered on Sep 19, 2017

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... Read more »

1 Answer | Asked in Trademark for Pennsylvania on

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

Benton R Patterson III answered on Aug 4, 2017

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... Read more »

1 Answer | Asked in Copyright and Trademark for Pennsylvania on

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?

My school was named Philadelphia University but we recently merged with another college and are now named Jefferson. Would I be able to print the old name and logo (Philadelphia University) on shirts and sell them?

Will Blackton answered on Jun 3, 2017

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... Read more »

1 Answer | Asked in Trademark for Pennsylvania on

Q: How do i begin the trademark process?

Nancy L Lanard answered on Apr 25, 2017

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... Read more »

1 Answer | Asked in Business Formation, Business Law and Trademark for Pennsylvania on

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

" Last Name" Hot sauce or salsa. Do I need to get this trademarked to sell? Or I'm I allowed to start selling this online since its my last name and the word Salsa or Hot sauce.

Thank You

Nancy L Lanard answered on Apr 19, 2017

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!

1 Answer | Asked in Trademark for Pennsylvania on

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

Peter N. Munsing answered on Feb 2, 2017

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.

1 Answer | Asked in Copyright and Trademark for Pennsylvania on

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

I want to make cover photos and profile pictures for my friends on FB using a few kits I bought online that sort of resemble disney characters, I contacted disney and they told me to contact an attorney/lawyer to see if my proposed use may run afoul of any laws. I have examples of what I want to do... Read more »

Will Blackton answered on Jan 27, 2017

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...
Read more »

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