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Pennsylvania Trademark Questions & Answers
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
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
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
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
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... 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
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... 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
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... Read more »

1 Answer | Asked in Trademark for Pennsylvania on
Q: How do i begin the trademark process?
Nancy L Lanard
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.... 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
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
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
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...
Read more »

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