Texas Trademark Questions & Answers
Q: How do I trademark my rap name
John Martin Hilla's answer
Discuss with a trademark attorney. A band name or a musical artist's performance name is something that can be trademarked.
Discuss with a trademark attorney. A band name or a musical artist's performance name is something that can be trademarked.
Q: How much does it cost to trademark a logo or name or phrase?
Jason Brooks' answer
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 range, as it's often preferable to create your own description.
In addition to the service fee imposed by the USPTO, if you retain an attorney or a service to do the registration for you, there...
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 range, as it's often preferable to create your own description.
In addition to the service fee imposed by the USPTO, if you retain an attorney or a service to do the registration for you, there...
Q: I need to why is my trademark logo status is saying abandoned, when I payed for the trademark
Benton R Patterson III's answer
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 would need to review your specific application to determine why it is abandoned.
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 would need to review your specific application to determine why it is abandoned.
Q: I created a koozie saying “lake:30”. Was informed on Etsy by Lake30 that they own that exact trademark, however I
Benton R Patterson III's answer
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.
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.
Q: How should I legally start structuring a record label business, register trademark and copyright?
1 Answer
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Copyright, Trademark and Business Formation
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Texas
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Answered on Jun 1, 2018
Answered on Jun 1, 2018
John Espinosa's answer
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 that, then go hire an entertainment lawyer with expertise in the music industry to best advise you on the details.
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 that, then go hire an entertainment lawyer with expertise in the music industry to best advise you on the details.
Q: Status 606 abandoned , Does this mean it is outdated?
John Espinosa's answer
It means the application was abandoned. This resource discusses what that means: https://www.uspto.gov/trademarks-application-process/abandoned-applications
It means the application was abandoned. This resource discusses what that means: https://www.uspto.gov/trademarks-application-process/abandoned-applications
Q: Regarding copyright or trademark infringement, if I were to make a polo shirt to sell online with the words
Andrew Zulieve Esq's answer
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.
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.
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
Benton R Patterson III's answer
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.
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.
Q: Received letter 2day from Git-R-Done Productions,Lawyers telling me 2 change my comp. name or else from Git-R-Done Limo
1 Answer
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Contracts, Copyright, Business Law and Trademark
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Texas
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Answered on May 1, 2018
Answered on May 1, 2018
Jason Brooks' answer
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 of the phrase in connection with your business, as it creates confusion with their mark. With that said, if they don't own trademark rights in this class, you have reasonable justification of use if...
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 of the phrase in connection with your business, as it creates confusion with their mark. With that said, if they don't own trademark rights in this class, you have reasonable justification of use if...
Q: I am potentially going to register my business name, but am unsure if I am infringing on another company's name.
Benton R Patterson III's answer
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 can register a business name does not mean that the name does not infringe on another company's trademark. Trademark infringement is a more complex question. An attorney would need to know more about...
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 can register a business name does not mean that the name does not infringe on another company's trademark. Trademark infringement is a more complex question. An attorney would need to know more about...
Q: Writing a famous person tribute.
1 Answer
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Copyright, Intellectual Property and Trademark
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Texas
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Answered on Mar 30, 2018
Answered on Mar 30, 2018
Andrew Zulieve Esq's answer
Assuming that copyright still subsists in the image, legally, you cannot reproduce the photo without the authorization of the person who created that image.
Assuming that copyright still subsists in the image, legally, you cannot reproduce the photo without the authorization of the person who created that image.
Q: Do trademark laws apply internationally?
Benton R Patterson III's answer
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 issued.
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 issued.
Q: I sell items I purchased from online Chinese marketplaces. Just accused of infringement and theft of intellectual prop?
1 Answer
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Intellectual Property, Copyright and Trademark
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Texas
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Answered on Feb 26, 2018
Answered on Feb 26, 2018
Benton R Patterson III's answer
An attorney would need to review the specific product and the allegations of infringement to determine whether her notice is legitimate.
An attorney would need to review the specific product and the allegations of infringement to determine whether her notice is legitimate.
Q: Posters with Brand name logos on it. Can I use them in a retail store that I'm opening?
Benton R Patterson III's answer
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 this question.
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 this question.
Q: Im confused on whether my trademark is approved or if its still pending?
Michael Gerity's answer
If you are talking about a federal trademark registration with the U.S. Patent & Trademark Office, understand that the process usually takes around a year or more. When you go to the USPTO website (www.USPTO.gov) you can search for your mark and it will show the status there. What you want to see on the main listing page are lines for Published for Opposition, Registration Number, International Registration Number, and Registration Date. If those lines are not there, your mark hasn't been...
If you are talking about a federal trademark registration with the U.S. Patent & Trademark Office, understand that the process usually takes around a year or more. When you go to the USPTO website (www.USPTO.gov) you can search for your mark and it will show the status there. What you want to see on the main listing page are lines for Published for Opposition, Registration Number, International Registration Number, and Registration Date. If those lines are not there, your mark hasn't been...
Q: Doubt I can trademark my descriptive online business name so is it easier to trademark including .com with the name?
1 Answer
| Asked
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Copyright, Intellectual Property and Trademark
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Texas
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Answered on Feb 8, 2018
Answered on Feb 8, 2018
Benton R Patterson III's answer
Adding ".com" to an otherwise generic description would not make the trademark viable. The ".com" is generally disregarded by trademark examiners. Neither an LLC nor a domain registration provides trademark rights. Someone else could register the same name as an LLC in a different state or do business under the same name. It may be best to develop another aspect of your branding as a trademark, such as a design, logo, phrase, or product/service name rather than the name of the business...
Adding ".com" to an otherwise generic description would not make the trademark viable. The ".com" is generally disregarded by trademark examiners. Neither an LLC nor a domain registration provides trademark rights. Someone else could register the same name as an LLC in a different state or do business under the same name. It may be best to develop another aspect of your branding as a trademark, such as a design, logo, phrase, or product/service name rather than the name of the business...
Q: My husband broke his hip working for a company over 20 years ago they had amerisure and it was done thru workmans comp
1 Answer
| Asked
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Personal Injury, Workers' Compensation and Trademark
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Texas
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Answered on Feb 8, 2018
Answered on Feb 8, 2018
S. Michael Graham's answer
You can contact the Texas Department of Insurance, Division of Workers' Compensation. Your husband will need to provide his name and SS# and date of injury. They should be able to provide you with the information you need. You can also google the Insurance Company to see if they can tract the claim number down. If his doctors still retain any of the medical records, there may be a Carrier claim number there as well. Good Luck.
You can contact the Texas Department of Insurance, Division of Workers' Compensation. Your husband will need to provide his name and SS# and date of injury. They should be able to provide you with the information you need. You can also google the Insurance Company to see if they can tract the claim number down. If his doctors still retain any of the medical records, there may be a Carrier claim number there as well. Good Luck.
Q: How do I find out if my logo and brand name aren't already registered?
Will Blackton's answer
You could engage an attorney specializing in trademark law or an online trademark search firm to conduct a trademark search. A thorough search is the first step to a successful trademark application.
You could engage an attorney specializing in trademark law or an online trademark search firm to conduct a trademark search. A thorough search is the first step to a successful trademark application.
Q: I registered a trademark for my business's mark but later decided to update it a little. Do I have to register a new one
Benton R Patterson III's answer
It depends on what the change was and how the original trademark application was drafted. An attorney would need to review the registration and the new mark.
It depends on what the change was and how the original trademark application was drafted. An attorney would need to review the registration and the new mark.
Q: I am a small business owner that makes dog popsicles called pupsicool. Pepsi is placing a 90 day extension on my TM app.
Benton R Patterson III's answer
It is inappropriate to contact an opposing party when they are represented by counsel. If you think you can resolve your dispute, you should have your attorney speak with their attorney. Also, Pepsi has requested an extension of time to file an opposition your trademark application. This does not mean your trademark will simply take longer to issue. Rather, it suggests Pepsi is investigating whether to initiate an administrative adversarial proceeding to determine whether your mark should...
It is inappropriate to contact an opposing party when they are represented by counsel. If you think you can resolve your dispute, you should have your attorney speak with their attorney. Also, Pepsi has requested an extension of time to file an opposition your trademark application. This does not mean your trademark will simply take longer to issue. Rather, it suggests Pepsi is investigating whether to initiate an administrative adversarial proceeding to determine whether your mark should...
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