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Pennsylvania Trademark Questions & Answers
2 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: Is there anything I can about my podcast name getting trademarked?

Started a podcast in 2016 and was planning to trademark the name last year, but I noticed a podcast that started after ours and were former fans of ours, trademarked the name in January 2022.

T. Augustus Claus
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answered on Feb 6, 2024

If you started using your podcast name in 2016 and discovered that former fans of your podcast, who started their podcast after yours, successfully trademarked the same name in January 2022, you may still have options to challenge their trademark registration. In the United States, trademark rights... View More

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2 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: Is there anything I can about my podcast name getting trademarked?

Started a podcast in 2016 and was planning to trademark the name last year, but I noticed a podcast that started after ours and were former fans of ours, trademarked the name in January 2022.

James L. Arrasmith
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answered on Feb 23, 2024

It can be frustrating to discover that another podcast has trademarked a name similar to yours, especially if you've been using it for several years. However, trademark law can be complex, and the timing of trademark applications can impact the outcome. If the other podcast successfully... View More

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2 Answers | Asked in Business Formation, Trademark and Intellectual Property for Pennsylvania on
Q: Hi, I want to start running leadership trainings by a certain name. I found another company that does yoga trainings

Hi, I want to start running leadership trainings by a certain name (let's say ABC trainings). I've done a google search and found another company with the same name that teaches yoga trainings (ABC yoga trainings). Can I still use the company name or is this a bad idea? We're both in... View More

Michael Cherewka
Michael Cherewka
answered on Nov 2, 2023

Much of answer here is going to be dependent on how the yoga company "registered" its name (or if it even registered its name). If it is only a Fictitious Name Registration (which is more of a "notice" filing in Pennsylvania than an "ownership" filing) or the filing... View More

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2 Answers | Asked in Business Formation, Trademark and Intellectual Property for Pennsylvania on
Q: Hi, I want to start running leadership trainings by a certain name. I found another company that does yoga trainings

Hi, I want to start running leadership trainings by a certain name (let's say ABC trainings). I've done a google search and found another company with the same name that teaches yoga trainings (ABC yoga trainings). Can I still use the company name or is this a bad idea? We're both in... View More

James L. Arrasmith
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answered on Nov 4, 2023

Using a business name that's already in use, even in a slightly different field, can be risky, as it may create confusion or lead to trademark issues, particularly if the name is trademarked. You should conduct a thorough trademark search, not just a Google search, to see if "ABC... View More

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2 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: I have a similar logo to meaningful beauty. But it looks like they didn’t renew it. Could I trademark my logo

Meaningful beauty, a skincare company, has a similar logo to my clothing brand Miss Boulevard. It looks like they haven’t renewed their trademark. Is it possible for me to submit my logo as a trademark?

James L. Arrasmith
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answered on Aug 6, 2023

If the trademark in question has indeed not been renewed and is considered abandoned, and if your logo is not confusingly similar to other existing trademarks, it may be possible for you to submit your logo as a trademark. Since the businesses operate in different industries, that may reduce the... View More

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3 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: I want to trademark a fictional character. Is it possible to register it nameless & universal for any goods/service?

Character/mascot for album cover artwork. Main character in a novel. Main character for an animated film adaptation.

Fritz-Howard Raymond Clapp
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answered on Jul 31, 2023

Trademarks are registered for use on specific goods or services. For example, the character DAFFY DUCK is registered in International Class 16 for "printed matter ... namely, comic books", and also for toys in International Class 28. The application to register the mark must be... View More

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3 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: I want to trademark a fictional character. Is it possible to register it nameless & universal for any goods/service?

Character/mascot for album cover artwork. Main character in a novel. Main character for an animated film adaptation.

James L. Arrasmith
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answered on Aug 6, 2023

The trademark registration must typically identify specific goods or services that are associated with the character. Consulting with an intellectual property attorney experienced in your specific industry can guide you in properly defining and protecting your character's trademark rights.... View More

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2 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: What if someone already has a business name trademarked but it seems as though the business is no longer active.

I'm wondering how I can see if this company's trademark can be considered abandoned if they're not active. The trademark for the business name Fused is taken but I've done a thorough search for this business and I can't find them anywhere on social media or online.

James L. Arrasmith
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answered on Jul 28, 2023

f a business name is already trademarked, it is essential to respect the rights of the trademark owner, even if the business appears to be inactive. Trademarks can still be valid and enforceable even if the business is not actively operating or visible online. To determine if the trademark is... View More

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2 Answers | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: What if someone already has a business name trademarked but it seems as though the business is no longer active.

I'm wondering how I can see if this company's trademark can be considered abandoned if they're not active. The trademark for the business name Fused is taken but I've done a thorough search for this business and I can't find them anywhere on social media or online.

Lynn E. Roberts III
Lynn E. Roberts III
answered on Aug 22, 2023

I agree with James. It is also important to beware that a non-active mark in the USPTO database could still be in use by the original owner, despite the apparent lack of an online presence. Even if you can prove that the original owner has no intention of using it again, you still risk a variety... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Pennsylvania on
Q: If someone wanted to sue me for using a trade mark for example the trade mark is "everwild music festival" if I made art

That just said "everwild" is the infringing on their trademark?

James L. Arrasmith
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answered on Jul 10, 2023

Using the term "everwild" alone for your art, without any additional context or connection to the specific trademarked "everwild music festival," may not necessarily infringe on their trademark. Trademark infringement typically occurs when there is a likelihood of confusion... View More

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Pennsylvania on
Q: If Sony as a company owns the Sly Cooper Trademark, when does that enter the public domain?

How I understand it, a work is protected for the authors lifetime plus 70 years, since it was created in the early 2000’s. And since a company or corporation is the author and can’t “Die” when would it go into the public domain? Is it just protected for 95 years and then it’s free to use?

James L. Arrasmith
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answered on Feb 25, 2023

In the United States, the length of copyright protection for works created by a corporation, such as Sony owning the Sly Cooper trademark, is generally 95 years from the date of publication or 120 years from the date of creation, whichever comes first. So, since Sly Cooper was created in the early... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Pennsylvania on
Q: If Sony as a company owns the Sly Cooper Trademark, when does that enter the public domain?

How I understand it, a work is protected for the authors lifetime plus 70 years, since it was created in the early 2000’s. And since a company or corporation is the author and can’t “Die” when would it go into the public domain? Is it just protected for 95 years and then it’s free to use?

David Aldrich
David Aldrich
answered on Feb 15, 2023

The timeframes you’re discussing relate to copyrights, not trademarks. For a trademark, as long as the owner continues to use the name and continues to timely submit the proper renewal forms and fees, their protection does not expire.

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1 Answer | Asked in Trademark for Pennsylvania on
Q: Would Iron on patches fall under this trademark category?

If a trademark states "covered Goods and Services: Clothing, namely, t-shirts, tops, pants, coats, jackets, swimwear, lingerie, sweaters, denims, shoes, hats, scarves, gloves and underwear". I was selling iron on patches with a trademarked WORD, not even a brand specific word and got a... View More

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 15, 2023

ETSY has strict and unique infringement policies separate and apart from the USPTO. While there may be arguments to be made that a patch is not technically a piece of clothing, it is likely an uphill battle to get ETSY to overturn their decision.

1 Answer | Asked in Intellectual Property and Trademark for Pennsylvania on
Q: I want to make YouTube videos. Would the name "Postscript" infringe on any trademarks?

I want my YouTube channel name to be called "Postscript." I'll be making video essays in which I'll review, offer critique, and discuss my opinion on various pieces of media, such as films, television shows, anime, video games, etc. I liked the name because it's as if my... View More

Erik Špila
Erik Špila
answered on Jan 5, 2023

Hello there, you should discuss this with intellectual property lawyer in your area as there is a need for trademark search first for potential infringement of prior rights. Your question can not be duly answered without that. I wish you a good luck with your YouTube channel though.

1 Answer | Asked in Business Law and Trademark for Pennsylvania on
Q: How do I know if an item is trademarked?Am I allowed to use video footage from my competitions ads?
Erik Špila
Erik Špila
answered on Nov 22, 2022

If someone does marketing through video ads for his products, he most probably has his product trademarked. However to have complete answer to this a qualified trademark research must be performed. I highly recommend you to seek an advice from intellectual property lawyer in your area first.

1 Answer | Asked in Trademark for Pennsylvania on
Q: Is there a price to trademark something

If i have the plan for a business can i trademark it on payments if avail

Fritz-Howard Raymond Clapp
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answered on Oct 11, 2022

The US Patent & Trademark Office fee for filing an application to register a trademark or service mark is from $250 to $325 (for a single type of product or service) depending on filing variations.

An attorney will probably charge you something in the range of $250 to $750 to file the...
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1 Answer | Asked in Trademark and Business Law for Pennsylvania on
Q: When filling out a trademark form should I put my name or the companys name as the owner of the mark as a sole proprietr
Dane E. Johnson
Dane E. Johnson
answered on Jul 9, 2022

A sole proprietorship is not a business organization separate from its owner. This means that there is no legal “person” involved except the proprietor, so there is nobody else who could own property in their own name. A small business owner might register a “doing business as” name, but... View More

4 Answers | Asked in Copyright and Trademark for Pennsylvania on
Q: What do I do when you become aware someone is using your registered trademark in another state?

I obtained my trademark for "The Cheesecake Fairy" last year. I have been in business for over 7 years and finally decided to trademark my name. A bakery in another state is now calling themselves "The Cheesecake Fairy" and I fear this will cause great confusion for when I... View More

Fritz-Howard Raymond Clapp
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answered on Mar 12, 2022

Your federal trademark registration for THE CHEESECAKE FAIRY (no. 6377579, for baked goods and store services since 2018) provides the ability to sue infringers in federal courts throughout the nation. Whether you can sue in your own state or in the state of the infringer, is a question that an... View More

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1 Answer | Asked in Trademark for Pennsylvania on
Q: Need to file an international trademark, what is best course? Need trademark attorney.

Need trademark attorney. I already filed in US through USPTO and now want to file the same trademark internationally with I believe the World Intellectual Property Organization (WIPO). What is the best course of action? I am aware of the Madrid Protocol and can see general prices online.

Robert Kost
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answered on Nov 19, 2021

You've spotted the most expeditious route: file with WIPO for each of the countries in which you'd like your trademark rights to apply (you'll check which ones you want). For purposes of the WIPO filing, the European Union is treated as one country. However, the application will be... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Pennsylvania on
Q: Copyright, Trademark, and Parody.

1st Question: Would this fall safely under parody? (Yes I believe it to be parody and not satire as the image and words only produce comedic effect with the knowledge of the video game elements and stand alone does not create a comedic effect)

I used photoshop to impose two copyrighted... View More

Robert Kost
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answered on Nov 8, 2021

It's not clear from your description what the superimposed images are a parody of. A parody is a "humorously exaggerated imitation" that borrows from a copyrighted work in order to make fun of it. So, it's very difficult to even comment (let alone give advice) without more... View More

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