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Texas Trademark Questions & Answers

1 Answer | Asked in Trademark for Texas on

Q: Can I trademark the slogan, "Bleed Verde" if there is already a slogan trademarked "Bleed Green"?

John Martin Hilla answered on Jun 17, 2019

It is likely, depending on the difference in the products or services for which that tag-line may be registered, that you will receive opposition to an application for registration with the USPTO.

When considering an application for trademark registration, the USPTO considers the English...
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1 Answer | Asked in Gaming and Trademark for Texas on

Q: I made esports org called alleliteclan was wondering if I could use it if there’s a company called allelitewrestling

I want to know if I could use it that wrestling company trademarked allelitewrestling but I’m using AllEliteClan

Ahaji Kirk Amos answered on Jun 14, 2019

Maybe. You will need a trademarkability opinion.

1 Answer | Asked in Trademark for Texas on

Q: Can you use a color out of a NBA, NFL, or MBL team color scheme? Not all colors just a single color?

Ahaji Kirk Amos answered on May 28, 2019

It depends. I'd need more information.

1 Answer | Asked in Copyright and Trademark for Texas on

Q: Is the quote "I'm Your Huckleberry" trademarked or copyrighted?

I'm not sure which terminology fits, but either way I'm making baby onesies to sell and I want to make sure it is not illegal before doing so.

Thanks in advance.

Griffin Klema answered on Apr 11, 2019

The answer to your question isn't that simple. The scope of others' trademark rights are based on "likelihood of confusion." That means even if your slogan is not already trademarked by someone else, something similar may lead to trademark infringement liability. For example, one person ran into... Read more »

1 Answer | Asked in Contracts, Copyright and Trademark for Texas on

Q: My dad had a trade mark on macho nacho it says status canceled does that mean it’s not in effect any more!?

Please let me know if the trademark is no longer in effect

Griffin Klema answered on Apr 9, 2019

If your dad's mark has a status of "cancelled" that means the registration is no longer valid. It may mean it has lapsed, or has been canceled as a result of an opposition or lawsuit. But, trademark rights are based on use, so that doesn't mean there are no trademark rights. (These are called... Read more »

1 Answer | Asked in Copyright and Trademark for Texas on

Q: Is it possible to get both my Brand Name / Logo Trademark at the same time?

Or If my Brand Name was trademark will it cover my Logo being trademarked?

Jason Brooks answered on Jan 21, 2019

You can register both your service mark and your design mark (logo) at the same time, but each is treated as separate registration applications and evaluated independently (and subject to their own registration fees).

1 Answer | Asked in Trademark for Texas on

Q: How do I trademark my rap name

I'm trying to become a rap artist, how do I go about getting my name trademarked?

John Martin Hilla answered on Jan 19, 2019

Discuss with a trademark attorney. A band name or a musical artist's performance name is something that can be trademarked.

1 Answer | Asked in Trademark for Texas on

Q: How much does it cost to trademark a logo or name or phrase?

Jason Brooks answered on Sep 17, 2018

The USPTO charges a flat fee of $225, $275, or $325, depending on a few varying factors (i.e. opting for pure electronic correspondence with the USPTO, and also whether you create your own "Free Form" description language or use pre-approved language -- most applications are filed at the $275... Read more »

1 Answer | Asked in Trademark for Texas on

Q: I need to why is my trademark logo status is saying abandoned, when I payed for the trademark

Benton R Patterson III answered on Aug 2, 2018

You cannot buy a trademark. The fee just permits you to file the application. The fee does not guarantee that the application will result in a trademark registration. Common reasons for abandonment are failure to respond to an office action and failure to submit evidence of use. An attorney... Read more »

1 Answer | Asked in Trademark for Texas on

Q: I created a koozie saying “lake:30”. Was informed on Etsy by Lake30 that they own that exact trademark, however I

Checked trademark availability of the exact saying, “lake:30”, and it shows available. So do they own similar trademarks?

Benton R Patterson III answered on Jul 20, 2018

A trademark attorney would need to review the trademark registration and your product to determine if your product infringes their trademark. Generally speaking, exact copying is not required to infringe a trademark. If a consumer would confuse your mark with the other, there can be infringement.

1 Answer | Asked in Copyright, Trademark and Business Formation for Texas on

Q: How should I legally start structuring a record label business, register trademark and copyright?

Id like to start it with two other people, get an estimate for how much it would cost to trademark, copyright and would you be able to give me some steps to start with the structuring?

John Espinosa answered on Jun 1, 2018

This is a very complex and specific question that cannot be fully addressed on here. As a starting point, this government resource explains the basics of copyright and trademark in the music industry:

https://www.uspto.gov/learning-and-resources/ip-policy/musicians-and-artists-profile...
Read more »

2 Answers | Asked in Copyright and Trademark for Texas on

Q: Status 606 abandoned , Does this mean it is outdated?

John Espinosa answered on May 29, 2018

It means the application was abandoned. This resource discusses what that means: https://www.uspto.gov/trademarks-application-process/abandoned-applications

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1 Answer | Asked in Intellectual Property and Trademark for Texas on

Q: Regarding copyright or trademark infringement, if I were to make a polo shirt to sell online with the words

If I were to make a polo shirt to sell online with the words “American Express” embroidered on the chest without a logo, and in similar but different font would I be at risk of copyright infringement? As long as it wasn’t printed on any type of financially related things that could mislead... Read more »

Andrew Zulieve Esq answered on May 17, 2018

No you would not be O.K. to sell it. "American Express" is likely to be considered a famous mark and probably protected by federal trademark registration. In addition to potential trademark infringement, you might also be at risk for for liability under federal anti-dilution laws.

1 Answer | Asked in Trademark for Texas on

Q: I am planning to book/hold a new name I like for my possible business name. I want no one else use or take it

1) I am new to business area. In my future 1-2 yrs down the lane I may plan to take up business. I thought of a name I like. I want it to be registered or trademark so that no one uses the same name in my area of my business lets say Petcare Industry. How can I do it?

2) If I want to use a... Read more »

Benton R Patterson III answered on May 4, 2018

A trademark attorney can help you protect your business name and advise on potentially conflicting trademarks. You should speak with a Texas trademark attorney in a confidential consultation.

1 Answer | Asked in Contracts, Copyright, Business Law and Trademark for Texas on

Q: Received letter 2day from Git-R-Done Productions,Lawyers telling me 2 change my comp. name or else from Git-R-Done Limo

I received letter today from Git-R-Done Productions Inc , Lawyers telling me 2 change my company name or else be sued from Git-R-Done Shuttle & Limo to another name. Really how can someone own a word

Jason Brooks answered on May 1, 2018

This production company is owned by the comedian, Larry the Cable Guy who has trademarked the phrase "Git-R-Done" in a variety of different classes. If they happen to own the trademark in the class which would include limo/shuttle services, then they have a right to demand you cease and desist use... Read more »

1 Answer | Asked in Copyright and Trademark for Texas on

Q: I am potentially going to register my business name, but am unsure if I am infringing on another company's name.

The established company's name is very similar to mine. . Also if this is not okay, would there be a way to change it while still keeping the word

Benton R Patterson III answered on Apr 30, 2018

Registering a business name is a different process involving different rules from registering a trademark. Generally, there are minimal requirements for registering a business name. Often, even if the names are very similar, you can register a business name in Texas. However, the fact that you... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on

Q: Writing a famous person tribute.

we are righting a famous person tribute and wanted to know if we have the legal right to use an image, one in which we recreated through visual design software.

Andrew Zulieve Esq answered on Mar 30, 2018

Assuming that copyright still subsists in the image, legally, you cannot reproduce the photo without the authorization of the person who created that image.

1 Answer | Asked in Trademark for Texas on

Q: Do trademark laws apply internationally?

Or do I need to file for registration in every country that my company does business in?

Benton R Patterson III answered on Mar 16, 2018

A United States trademark is enforceable only in the United States. If you want to enforce your trademark in another county, you would need to file a trademark application there. There is a simplified international registration process that may be available depending on when your US trademark... Read more »

1 Answer | Asked in Intellectual Property, Copyright and Trademark for Texas on

Q: I sell items I purchased from online Chinese marketplaces. Just accused of infringement and theft of intellectual prop?

Another shop owner in Etsy accused me of stealing her designed item and photos for the items that she says she owns. She forced me to remove cease selling or get sued. The Alibaba site shows the items as unbranded.? They are currently bought & sold & resold all over the world? I find them in... Read more »

Benton R Patterson III answered on Feb 26, 2018

An attorney would need to review the specific product and the allegations of infringement to determine whether her notice is legitimate.

1 Answer | Asked in Copyright, Business Law, Trademark and Business Formation for Texas on

Q: Posters with Brand name logos on it. Can I use them in a retail store that I'm opening?

A store is going out of business, I'm wanting to buy the brand name products and posters that advertise them.

Benton R Patterson III answered on Feb 20, 2018

Most likely, you can sell the products. Generally, you are free to resell what you rightfully purchased. There is a possibility that one of the brands may have brand use guidelines that restrict how you can market their products. An attorney would need to know more to give a certain answer to... Read more »

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