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Texas Trademark Questions & Answers
3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Am I required to do attestations in all 50 states for federal trademark? Company filed with asking $73 x 50 = $3650

I used an online company to submit filing for trademark of my Hercules Dock Bumpers name. Serial Number 97643107. I've paid the initial USPTO filing fee and have been waiting months for it to be assigned. I just got notice that the application was accepted and will be assigned to an... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 25, 2023

Your application SN 97643107 for federal registration of the mark HERCULES DOCK BUMPERS was filed 10/21/2022 by attorney Sandy Lipkin and is awaiting assignment to an examining attorney, which currently takes 8.5 months. If the registration is granted, it will be effective throughout the US and all... Read more »

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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Am I required to do attestations in all 50 states for federal trademark? Company filed with asking $73 x 50 = $3650

I used an online company to submit filing for trademark of my Hercules Dock Bumpers name. Serial Number 97643107. I've paid the initial USPTO filing fee and have been waiting months for it to be assigned. I just got notice that the application was accepted and will be assigned to an... Read more »

Felicia Altman
Felicia Altman
answered on May 26, 2023

There is no requirement to do an attestations in any state and it is not part of the USPTO process. The mark once filed with the USPTO will be assigned an examining attorney. Generally, at this time it takes about 8-12 months for an attorney to actually review the application. If your attorney is... Read more »

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2 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

Kevin E. Flynn
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Kevin E. Flynn
answered on May 19, 2023

This is a very common question as these topics are not taught in school. The United States Patent and Trademark Office has a web page that addresses this issue. https://www.uspto.gov/trademarks/basics/trademark-patent-copyright

I hope that this helps. Note--just as you may have a dead...
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2 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

James L. Arrasmith
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answered on May 22, 2023

Trademarks, copyrights, and patents are different forms of intellectual property protection, each serving a distinct purpose. Here's a brief explanation:

Trademark: A trademark protects logos, brand names, slogans, or other indicators that distinguish goods or services in the...
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4 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Cease and Desist letter about trademark rights violation

I received a cease and desist letter from a law firm claiming that my business name is confusingly similar to their client's business name. They claim that it is in violation of trademark rights and that their client has incontestability over the usage of the name.

My question is that... Read more »

John Michael Frick
John Michael Frick
answered on May 16, 2023

In order to successfully pursue a claim for trademark infringement, it is not necessary that the infringing mark be identical; it is sufficient that the marks are so similar and the goods or services for which they are used are so related that it is likely to confuse or deceive the average consumer.

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4 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Cease and Desist letter about trademark rights violation

I received a cease and desist letter from a law firm claiming that my business name is confusingly similar to their client's business name. They claim that it is in violation of trademark rights and that their client has incontestability over the usage of the name.

My question is that... Read more »

Alec Allen Ross
Alec Allen Ross
answered on May 16, 2023

Trademark protection often extends beyond exact trademark matches. For example, when the United States Patent and Trademark Office (USPTO) reviews trademark applications for a likelihood of confusion, what they generally look for is what is referred to as an overall commercial impression. This... Read more »

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4 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Cease and Desist letter about trademark rights violation

I received a cease and desist letter from a law firm claiming that my business name is confusingly similar to their client's business name. They claim that it is in violation of trademark rights and that their client has incontestability over the usage of the name.

My question is that... Read more »

James L. Arrasmith
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answered on May 22, 2023

Trademark infringement is based on the likelihood of confusion between two marks, rather than the exact match. Even if the names are not identical, if they are sufficiently similar and used in the same or related industry, it could still be considered trademark infringement. It would be advisable... Read more »

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1 Answer | Asked in Copyright, Entertainment / Sports, Trademark and Intellectual Property for Texas on
Q: Can I cosplay as a fairy similar to Melanie Martinez’s new look at her concert Can I get in trouble for this?
James L. Arrasmith
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answered on May 7, 2023

No, you cannot get in trouble for cosplaying as a fairy similar to Melanie Martinez's new look at her concert. Cosplay is generally considered a form of fan art and is protected under fair use laws. However, if you were to sell or profit from the cosplay, you may run into legal issues as you... Read more »

2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can you use a business name thats trademarked and use it as a tagline?

I am starting a t-shirt business in Texas and I want to use the tagline Worn and Raised and also put it on shirts to sell. I see it is trademarked twice for business names, can I use it legally or do i have to change its lightly to maybe Worn N Raised?

N'kia (NLN)
N'kia (NLN)
answered on Apr 8, 2023

You should avoid using someone else's trademark in a way that is confusingly similar. The US Patent and Trademark Office ("USPTO") maintains a website with a lot of general trademark information and offers a webinar on trademark basics. Also, a knowledgeable trademark attorney can... Read more »

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1 Answer | Asked in Trademark and Intellectual Property for Texas on
Q: My trademark has been maliciously tampered with by competitors on Amazon. Can I win in a legal case?

Products bearing my trademark have been maliciously tampered with by a competitor using a high-level Amazon Vendor Central (VC) account,and there are many victims of this type of attack.

The group using this account to launch attacks is mostly from China, and as far as I know, these... Read more »

John Michael Frick
John Michael Frick
answered on Mar 16, 2023

It sounds like you could win if you can clearly identify the perpetrators in China, serve them with process, and acquire jurisdiction over them. You should do your research first to make sure the perpetrators have assets in the United States you can seize to collect any favorable judgment. While... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I painted a painting with my coworkers at an event paid for by my manager. I quit and they won't return it. Is thisLegal

I painted a painting with my coworkers at an event paid for by my manager. It is a painting of my cat with my name on it. I quit working there and wanted the painting back and my manager said if I come to get it back it's theft. Is there anything I can do or do they legally own it because they... Read more »

James L. Arrasmith
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answered on Mar 10, 2023

The ownership of the painting may depend on the specific circumstances of the event and any agreements made between you, your coworkers, and your manager. If there was no explicit agreement made about ownership of the painting, it may be considered jointly owned by all of the individuals who... Read more »

1 Answer | Asked in Trademark for Texas on
Q: Are trademarks only valid for the category they are registered for?

Hi, looking to use some key words in a small online shop I have opened and am wondering if trademarks are only valid for the category they are registered in. For example: If i wanted to use a term in the title of an item listed for a t-shirt or sweatshirt, is this allowed because the trademark for... Read more »

Felicia Altman
Felicia Altman
answered on Feb 2, 2023

Yes, trademarks are only protect the mark in connection with the class it is registered in as well as the good and services description related to the mark. A similar or identical mark can be registered in a completely different category and in connection with a different set of goods and service... Read more »

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: If I have created a cartoon character (original drawing) how do I protect it from being used (name or design) by others?

I have a character that I have designed and I have a name for that character. I plan to feature the character in merchandise, apparel, comic strips, digital media, original stories, posters and other artwork. How can I protect my character and character name from being used by other businesses or... Read more »

Erik Špila
Erik Špila
answered on Oct 12, 2022

I would like to add to the answer from the colleague, that sometimes and in some jurisdiction it can also be efficient to register the cartoon character as an industrial design. Contacting qualified intellectual property expert in the area in which you would like to use/trade under this character... Read more »

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: If I have created a cartoon character (original drawing) how do I protect it from being used (name or design) by others?

I have a character that I have designed and I have a name for that character. I plan to feature the character in merchandise, apparel, comic strips, digital media, original stories, posters and other artwork. How can I protect my character and character name from being used by other businesses or... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 8, 2022

The cartoon character can be the subject of a copyright registration, and its name can be a registered trademark.

You should register the copyright of a set of drawings that show the character in various poses from different angles.

Then, if the name of the character is novel and...
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1 Answer | Asked in Trademark for Texas on
Q: Can i use the word MyNirvana as my company name? The word Nirvana is trademarked
Erik Špila
Erik Špila
answered on Sep 22, 2022

This depends on other circumstances such as similarity of goods or services you would like to offer under MyNirvana. It also depends on the territory in which you would like to use your company name and in which the word Nirvana is registered as trademark.

I would highly recommend you to...
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1 Answer | Asked in Copyright and Trademark for Texas on
Q: I own an Instagram account that is the name of a company and they are wanting me to delete or hand it over.

I do post content relative to their service/product but I can remove or change it. I also added “Not affiliated with business name” in the bio.

Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 8, 2022

This question lacks sufficient detail to provide a meaningful answer. These types of demands are rather frequent and they are always very fact-specific. Sometimes those demands are warranted and sometimes not. The most important question here is whether the company that sent you that demand can... Read more »

3 Answers | Asked in Trademark for Texas on
Q: can we reinstate this trademark with Serial Number88894416
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 2, 2022

The application to register "DR. D'S REMEDIES" has been abandoned due to the applicant's failure to respond to the trademark examiner's Office Action of July 30, 2020 within the required six months. The application had several deficiencies which had to be addressed. The... Read more »

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3 Answers | Asked in Trademark for Texas on
Q: can we reinstate this trademark with Serial Number88894416
Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 1, 2022

U.S. federal trademark application No. 88/894,416 ( for the mark DR. D'S REMEDIES " GIVING LIFE TO LIVES" and design) was abandoned on February 16, 2021 for failure to respond to the USPTO's Office Action (an official letter asking to make changes or refusing to register a mark... Read more »

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1 Answer | Asked in Copyright and Trademark for Texas on
Q: Can I legally use the name Soul Snatcher for fishing lures and tackle?

This will include soft and hard baits, fishing rods, fishing accessories, and apparel.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 30, 2022

There is a live registration for SOULSNATCHAS (phonetic equivalent) in the category for apparel, another for SOUL SNATCHER in the category for adult sexual stimulation aids, and a pending application for SOUL SNATCHER in an apparel-related category, so those would preclude new registrations in... Read more »

2 Answers | Asked in Trademark for Texas on
Q: CAN YOU HELP DRAFT A LICENSE TRADEMARK AGREEMENT FOR OTHER AFFILIATES OF GROUPS USING MY TRADEMAR

I NEED A HELP IN CREATING TRADEMARK LICSESNING AGREEMENT LETTER FOR OTHER GROUPS USING MY TRADEMARK.

THANK.

N'kia (NLN)
N'kia (NLN)
answered on May 16, 2023

You've posted your inquiry in the anonymous Q&A section. This section isn't used for connecting with individual attorneys to provide legal services, only for receiving answers to legal questions. To connect with an attorney who might be able to assist you, you should try searching the... Read more »

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