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Tennessee Trademark Questions & Answers
1 Answer | Asked in Trademark for Tennessee on
Q: I am a country musician planning a show named He-Haw. Is it too similar to Hee-Haw and in danger of trademark infringeme
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 26, 2022

HEE HAW was registered as a mark for entertainment services in 1992 and has been renewed. Your proposed mark would be considered infringing if used for similar services, and the minor difference in spelling is of no significance.

1 Answer | Asked in Business Formation, Business Law and Trademark for Tennessee on
Q: How do I get licensed to sell tumblers and products that say tennessee or vols in my small business
Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 20, 2022

Try this web site:

https://clc.com/

1 Answer | Asked in Business Formation, Copyright and Trademark for Tennessee on
Q: Can I use business name "Bath and Body Goods" or "Bath & Body Goods" without being sued by "Bath & Body Works"?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 12, 2021

Very likely you will get sued. Don't do it.

1 Answer | Asked in Trademark for Tennessee on
Q: How can I prevent my business name being stolen without it being trademarked?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 29, 2021

You need to be watchful whether registered or not.

Use gives you some rights, but you are the one who has to enforce them.

1 Answer | Asked in Trademark for Tennessee on
Q: How do I get my business name trademarked and how long does this process take? What are the fees?
Robert Kost
PREMIUM
Robert Kost
answered on Nov 29, 2021

You may be able to obtain a federal trademark for your business name in connection with the goods or services you offer. To do so, you will file an application with the United States Patent & Trademark Office, describing the mark and the class(es) of goods and services the mark will relate to.... Read more »

3 Answers | Asked in Trademark for Tennessee on
Q: Can I trademark the phrase ‘the smoky mountains are calling’?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 17, 2021

Yes you can, maybe

Consult with an attorney

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1 Answer | Asked in Trademark for Tennessee on
Q: Can I purchase this trademark, being that it is abandoned? If so, how would I do so?

I am intending on making this trademark into a record label: Phup Duc Productions

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 9, 2021

You need to consult with an attorney to file an application for the trademark

1 Answer | Asked in Trademark for Tennessee on
Q: Can I get the rights to the name Branco?

I need the trademark to the name Branco.

Linda Liang
Linda Liang
answered on May 6, 2021

A mark that is primarily merely a surname is not registrable. Branco is a surname. If it has no other distinctive meaning other than being a surname, the application to register it as trademark will be denied.

1 Answer | Asked in Intellectual Property and Trademark for Tennessee on
Q: How can I get T.R.A.P. Fitness LLC trademarked when there's already a live entry for a Trap Fitness for Pretty Girls?

My brother started T.R.A.P. Fitness LLC in Memphis, TN in 2019 for both male and female clients. Here is his website: trapfitnessmemphis.com.

Trap Fitness for Pretty Girls was registered in 2020 (Serial Number 88312626) (Registration Number 5953349) in Lancaster, TX.

The entry did... Read more »

Benjamin Charles Korray
Benjamin Charles Korray
answered on Jan 15, 2021

It depends. You may be able to file under either name (the short name or the long name) but you would need to perform a clearance search to see exactly how everything was filed and then make a determination based on that. With trademark clearances, we would look at names that are the same but also... Read more »

1 Answer | Asked in Trademark for Tennessee on
Q: Can I use the name Let Love Rule Plus for my education platform?

I know Lenny Kravitz has the name Let Love Rule trademarked. I wasn't sure if I could use Let Love Rule Plus without and conflict.

Timothy John Billick
PREMIUM
Timothy John Billick
answered on Jan 1, 2021

If someone has the exact mark trademarked you run a high risk of infringement. But it’s possible you could have good counter arguments depending on a number factors. For example, knowing how LK uses this mark in commerce would be highly determinative.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: Naming my company that has similar spelling than one that has been trademarked or copyrighted.

If i make a company that has a similar but different spelling in the name than one that is currently copyrighted or trademarked, could i possibly be sued? I have no affiliation with said company nor do i sell or copy anything of said company, just two similar names. There is a trademark for the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 23, 2020

Yes you can be sued.

It will depend on the similarity or difference of the products and whether somebody can be confused as the origin of the products or services.

Consult with an attorney

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Tennessee on
Q: I've recently designed a toy but I'm not sure is a copyright what I need? I'd feel most comfortable filing myself, TN.

It's really just a modification I've made to stuffed animals, that started out as a game mechanic. I just really want to make sure that if someone manufactures it that they won't stop me from using the design. Making some money off of it wouldn't hurt either but it is secondary.

Liliana Di Nola-Baron
Liliana Di Nola-Baron
answered on Nov 18, 2020

You may want to consider protecting your toy with a patent, assuming your modifications to existing toys are novel and non-obvious. You will need a patent attorney to help you assessing the patentability of your toy and preparing and filing the patent application.

Please give me a call if...
Read more »

1 Answer | Asked in Copyright and Trademark for Tennessee on
Q: If "vols" is trademarked by UTK, as a word mark, is it legal for me to have that in a company name without UTKpermission

I'm a designer and am designing a logo for a company called Southside Vols Nutrition, and wanted to make sure that I'm not infringing on an existing logo work mark when I start into this thing. Any insight would be helpful! Thanks.

Allison Higgins
Allison Higgins
answered on Nov 12, 2020

Hi there! Thanks for reaching out. You may be able to trademark that logo if it is different enough from all of the trademarks owned by UTK. It also depends on if "vols" is considered a "famous mark."

I would definitely suggest speaking with a trademark attorney to do...
Read more »

1 Answer | Asked in Copyright and Trademark for Tennessee on
Q: Hey. My name is Sincere. I see that this is no longer in use & I wanted to know if I can trademark my name for my brand.
Floyd Edwin Ivey
Floyd Edwin Ivey
answered on Oct 16, 2020

If your name is Sincere you will likely not be able to have it registered in either a state or with the Federal Trademark Office. Surnames are not protectable by Trademark. See a trademark attorney.

1 Answer | Asked in Trademark for Tennessee on
Q: What all differences do there have to be to not commit trademark infringement?

Want to trademark a clothing brand.

Evelyn Suero
Evelyn Suero
answered on Jul 10, 2020

There are many factors that are taken into account on a claim of trademark infringement. Generally speaking, trademark infringement is the unauthorized use of a trademark in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake among consumers... Read more »

3 Answers | Asked in Business Law and Trademark for Tennessee on
Q: If I download a photo of actors and edit it to make it look like a sketch or art, can I use it commercially?

If I download a photo of actors or musicians or other public persons and edit it to make it look like a sketch or art, that makes it look significantly different, can I use it for commercial projects like T-Shirts or Mugs?

Barbara Berschler
Barbara Berschler
answered on Apr 27, 2020

Given that most famous people have the Right to Publicity, meaning how they exploit their own fame, you will not be able to use their likeness without their permission. Best to consult with local business/intellectual property counsel to understand fully what the Right to Publicity entails.

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1 Answer | Asked in Trademark for Tennessee on
Q: I see here someone has a trademark for words wild cherry for clothing. I have it painted on side of my van. illegal?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 8, 2020

Depend on the use you are giving the words on your van.

If they are used to represent delivery of cherries or wild cherries, most likely you are not infringing on the rights of others.

IF YOU are using it for clothing, then that would be a different story.

Consult with an attorney.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: Can I put my trademarked brand on characters wearing my brand like Bart Simpson, Goku, or Spider-Man?

Photoshopped or free and drawn.

Barbara Berschler
Barbara Berschler
answered on Apr 4, 2020

Because all of those characters are either protected under copyright on trademark, your proposed activity would result in infringement. To help you better understand the implications of such intellectual property rights, both the Copyright Office and USPTO have excellent informative websites. I... Read more »

Q: Iv learned to draft a patent, my patent is beautiful, I may need an attorney to assist in litigation.

I am the inventor of web cam covers of which I have a provisional application. I'm looking for an attorney to assist in possible litigation, an attorney of whom will take a contingency case. This has already been proved I have a rock solid case. Davison or invention land tried stealing my idea... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Apr 2, 2020

Sorry, but there is very little chance of any attorney taking your case. For several reasons.

Firstly, just because you've filed a provisional application, does not mean that you have a patent. You need to file a regular application, prosecute it, and have the patent issue before you...
Read more »

2 Answers | Asked in Trademark for Tennessee on
Q: Can my logo that is a registered trademark change the background color while still keeping its tradmark
John Martin Hilla
John Martin Hilla
answered on Mar 2, 2020

If you filed a design mark application with a color specimen and registered it with color, the registration protects that specific design exactly as filed. Changing the color will remove the design or logo from the umbrella of protection offered by the USPTO registration.

This is why,...
Read more »

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