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Tennessee Trademark Questions & Answers

1 Answer | Asked in Copyright, Business Formation, Business Law, Intellectual Property and Trademark for Tennessee on

Q: I'm starting a new brewery with friends, and we want to know how soon we need to copyright our products?

Peter D. Mlynek answered on Sep 25, 2018

Congratulations on your new venture! I hope that it is a great success.

You can start to protect your intellectual property right away. The most important for you will likely be trademarking your product names, logos, etc. You can file for federal registrations before you ship your first...
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1 Answer | Asked in Trademark for Tennessee on

Q: How similar can a business name be to another business without infringing trademark law?

My business name is similar to another business’s name, but I am unsure whether it is similar enough to constitute trademark infringement. Example of the situation I am facing (not actual company names): Company A is named Bob’s Cupcakes. Company B is named Bob Smith’s Cupcakes. Would... Read more »

Benton R Patterson III answered on May 11, 2018

An attorney would need to know much more than just the two names to answer this questions. There are a variety of factors to consider, such as the similarity of products and how the two marks are presented to consumers. It is also important to know who used the mark first and what is claimed in... Read more »

1 Answer | Asked in Consumer Law, Products Liability and Trademark for Tennessee on

Q: How can I stop a trademark that someone has made that isn’t theirs to trademark?

Michael Gerity answered on Feb 1, 2018

If a person has a legitimate basis for objecting to a trademark application filed by another, there are a couple of approaches that can be pursued. One is to contact the other applicant and attempt them to abandon the application based upon whatever basis there is for objection. Another is to... Read more »

2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Tennessee on

Q: Patent/Copywrite/Trademark Question... I need some clarification.

I am starting a craft business and I have been looking into the law relevant to that. I recently read a blog post about how a person had to take down their clip art listing from Etsy because it infringed on a patent. The clip art design was a green tractor with yellow wheels. She said that there... Read more »

Kevin E. Flynn answered on Jan 19, 2018

There are a lot of people that are pretty unclear on the difference between patents, trademarks, and copyrights.

I cannot see a way for John Deere to own generic images of tractors under a utility patent. They could chase protection for a particular way their actual tractor (or a toy...
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1 Answer | Asked in Copyright and Trademark for Tennessee on

Q: I want to file a trademark for a new ministry, I need to know the cost

Benton R Patterson III answered on Nov 17, 2017

Filing a trademark application is easy and inexpensive. Expect a $275 fee to the government and a small amount of professional time to prepare the application. The more expensive and complicated part of the trademark application process is responding to the government attorney's legal arguments... Read more »

1 Answer | Asked in Copyright and Trademark for Tennessee on

Q: I'm trying to file a trademark for "WORTHY". It will include clothing branding, audio recording and live shows/concerts.

I filed with Legal Zoom before but I can't find the trademark when I search for it. It was over a year ago, so I'm thinking of just finding a Lawyer.

I need help finding an affordable, legal and professional trademark registration if I can't find the original trademark. Any assistance?... Read more »

Will Blackton answered on Jun 25, 2017

Did you receive an initial response from the USPTO (usually within about three months of your original application)? It can take a year to a year and a half before your trademark registration is completed.

I would encourage you to find out the status of the application you've already...
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1 Answer | Asked in Trademark and Employment Law for Tennessee on

Q: Trademark ownership... implied ownership???

If the owner of a company lets me work for them, as a part-time employee, can I then take ownership of their company?

Kevin Christopher answered on Feb 23, 2017

Part of this depends upon how they gave you permission. Was it a written permission to use?

1 Answer | Asked in Civil Litigation and Trademark for Tennessee on

Q: Can a non-profit organizations name and logo be owned by an individual and not the organization.

The organization has been around since 2012, one board member resigned and board denied him to return in November and he files a trademark on the name and logo in December. Is that even legal?

Kevin Christopher answered on Feb 20, 2017

There are common law (i.e. state law) protections available when a name or logo has been used in conjunction with a business activity before it is officially registered or an application made for registration. These rights would in most cases supersede a new application. Also, the individual could... Read more »

1 Answer | Asked in Trademark for Tennessee on

Q: If someone has trademarked a name for a good, can I use a similar name for a service?

Kevin Christopher answered on Feb 20, 2017

Possibly, so long as the good and service are not confusingly similar to the average Joe. You might also be able to vary the mark by stylizing the name of the good in the creation of your logo, providing more grounds for a successful application.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Tennessee on

Q: Copyright/trademark infringement by a third-party who isn't stopping.

I am a Seattle-based freelance designer that created a logo in 2014 for a client in TN. That client is AnchorYourSoul.com, and the logo was discovered to being used by someone else in 2015. We both told her to cease and desist using it in her social media channels and website. She complied, but... Read more »

Will Blackton answered on Feb 3, 2017

Have you filed for copyright protection for the image? If so, it's likely that an attorney would assist you for a portion of any money recovered from the person infringing. Filing for copyright protection for a single work of visual art is $35, it's $55 to file for multiple works. Determine who... Read more »

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