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Pennsylvania Trademark Questions & Answers
1 Answer | Asked in Copyright, Business Law, Military Law and Trademark for Pennsylvania on
Q: Good afternoon, I am starting a company called MARINEFIT. Could I get sued for using MARINEFIT or is it okay?

I am a Marine and a certified personal trainer, I named my business Marine fit. My business makes money and I am currently turning it into a official LLC. I should have the LLC done in a few days. I read on Marines website they do not authorize the use of USMC or their logos/brands for other... Read more »

Timothy John Billick
Timothy John Billick answered on Sep 26, 2020

Hi there,

First, thank you for your service! Second, good on you for asking these questions ahead of time! Third, congrats on starting your business!

To the merits ...

Your risk of upsetting the USMC to the point of eliciting a Cease and Desist letter here is relatively...
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1 Answer | Asked in Trademark for Pennsylvania on
Q: Can a secondary institution use an animal logo that is trademarked if the text, style, and colors are different?

If our AAU team wants to use the Bulldogs or Cardinals as its logo on apparel but does not use the same font, style, or color, is it possible to use that logo with different colors, styles, and text although it may be trademarked?

Evelyn Suero
Evelyn Suero answered on Jul 9, 2020

If there will be a likelihood of confusion between the two trademarks, then there will likely be a claim of infringement, especially when both marks are in the same class/category. Also, using a different font in a logo will not overcome the similarity of 'sound' between the text portion... Read more »

1 Answer | Asked in Copyright, Collections, Patents (Intellectual Property) and Trademark for Pennsylvania on
Q: I want to use the tune to ColePorter's song "Anything Goes" with new lyrics on Youtube. Do I need copyright permission?
John B. Hudak
John B. Hudak answered on Jun 17, 2020

Your new work may be considered a derivative work of the original song. A derivative work uses some or all of the original work and adds new elements. The copyright owner has the exclusive right to make derivative works. Therefore, if you made a derivative work without permission it could be... Read more »

1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Q: Trying to see if I can create a brand "XXXX Food Network" or if "Food Network" doesnt allow that.

Samples without giving my specific brand away would be: Fisherman's Food Network or Hunter's Food Network or Doctor's Food Network etc...

Evelyn Suero
Evelyn Suero answered on May 3, 2020

Using the name "Food Network" for your brand may very likely infringe on the trademark rights of the existing Food Network brand. Infringement may occur when there is a likelihood of confusion as to the source of the goods represented by the mark. Adding a word to an existing trademark... Read more »

2 Answers | Asked in Copyright and Trademark for Pennsylvania on
Q: Am I able to use this or is it covered by the other company's trademark? Please refer to the "More information" field

Hello. I'm looking to officially "start" my business and I've noticed that the name appears to be at least partially trademarked. The company using it is Relapse Records and have "Relapse" trademarked. I'm looking to create "Relapse Gaming".

Barbara Berschler
Barbara Berschler answered on Apr 19, 2020

You need to see what classification(s) has the other party registered their mark in with the USPTO. It is possible that your use for "gaming" would not fall in the same class as "records." For example three parties each own the identical mark "DOMINION". This is... Read more »

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2 Answers | Asked in Copyright and Trademark for Pennsylvania on
Q: I want to use the title "Bands Against Humanity" for a marching band field show. Is that brand confusion with the game?

We are doing a marching band halftime show in 2020 that is heavily based in satire. I'd like to use the title "Bands Against Humanity" as it perfectly describes the "satire" and humor elements of our theme. I reached out to the game manufacturer for Cards Against Humanity... Read more »

James D. Williams
James D. Williams answered on Mar 16, 2020

Yes, if they have a registered trademark, then it would include slight variations on it. Trademarks are typically limited to specific goods and services as they are listed within the application. However, by hosting this type of event, CAH could make a claim that you are diluting their brand name... Read more »

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1 Answer | Asked in Copyright and Trademark for Pennsylvania on
Q: How do I go about obtaining copyright permission for a parody photo that uses Shel Silverstein's "The Giving Tree"?

The photo is heavily altered, does not use his name or the original book title, and only uses the cover art

Tania Maria Williams
Tania Maria Williams answered on Feb 16, 2020

Usually the copyright page of the book will tell you who to contact for permissions. You may want to start with the publishing company as they usually get all permissions in the publishing agreement. If they don’t have the rights, they should be able to direct you to the right person.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Pennsylvania on
Q: Is the Philly LOVE statue trademarked? Could we have a different word in the same arrangement?
Tania Maria Williams
Tania Maria Williams answered on Feb 5, 2020

The Philly LOVE statute has been the source of contentious litigation numerous times. Even though the artist died in recent years, there are others who claim to own the copyright in the sculpture. There is also a claimed trademark registration for various goods for the LOVE sculpture. Artists... Read more »

1 Answer | Asked in Trademark for Pennsylvania on
Q: I have some questions about trademark and copyright laws about BTS South Korean band of Big Hit Entertainment.

It says The mark consists of the stylizes wording “BTS” and color is not claimed as a feature of the mark.

Does that mean I can use the word BTS if it’s in colors.

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 30, 2019


on the contrary, when a mark does not claim colors, basically it is claiming any variation of shades and colors.

Stay away from them, specially if you are going to be using it for similar products or services (music, production, videos, clothing, etc.)

Consult with an...
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1 Answer | Asked in Trademark for Pennsylvania on
Q: How much does a trademark cost? Is there an annual fee?

I see a cartoon character, Thundarr the Barbarian may currently not be trademarked by anyone.

John Martin Hilla
John Martin Hilla answered on Aug 1, 2019

Ookla the Mok say, "Doesn't mean character not in use commercially or protected by US copyright law."

It is always best to create an original brand name, tag-line, or logo.

1 Answer | Asked in Trademark for Pennsylvania on
Q: I would like to trademark a name for clothing, jewelry, mirrors, etc.How do I start this process?

Is there a website to start this or do I need a lawyer?

Jason Brooks
Jason Brooks answered on Jul 12, 2019

You will need to prepare and file a trademark registration application through the US Patent and Trademark Office —

While It’s possble to handle this process on your own, retaining an attorney is highly recommended to ensure the application is prepared properly. If you’d...
Read more »

1 Answer | Asked in Trademark for Pennsylvania on
Q: Hello, When trademarking a hair extension business what class and classification would it fall under?

My business sells human hair weft extensions, fusion hair, human hair wigs, eyelashes, bonnets, and edge control.

John Martin Hilla
John Martin Hilla answered on Jun 24, 2019

You should consult with a knowledgeable trademark registration attorney who can properly prepare your trademark application for you and maximize your odds of a successful registration with the USPTO.

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... Read more »

Jason Brooks
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... Read more »

1 Answer | Asked in Trademark for Pennsylvania on
Q: I bought the domain 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
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
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... Read more »

Ahaji Kirk Amos
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
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


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
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... 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... Read more »

Benton R Patterson III
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
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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