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Trademark Questions & Answers
1 Answer | Asked in Trademark for Texas on
Q: I want to move my trademark to a anonymous trademark. Will people be able to see my old personal information?

Will trademark history be publicly visible?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 24, 2022

You need to consult with an attorney to map out your best strategy!

2 Answers | Asked in Copyright and Trademark on
Q: Can my book title use the phrase "that's not my" in its title. I wrote my book in mid 2000's but never published it.

I wrote a book in 2007 with my husband but we never published it. It has "That's not my" in the title. We sent a registered copy of it to ourselves in a still unopened envelope. We're not sure of the trademark rules and would be grateful for advise of whether or not we would... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 22, 2022

Titles of books are not copyrightable by themselves, even though the content of the book itself is.

However, THAT'S NOT MY has been registered by Usborne Publishing Limited (UK) as a trademark for a series of children's books. For that reason, you may risk infringing that...
Read more »

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2 Answers | Asked in Trademark on
Q: Hi, I want to ask for advice about this phrase "HMA LOVELY HOME" was a trademark or not, can I use it as my new brand
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 22, 2022

There is no current federal registration for the mark HMA LOVELY HOME, but there are a few registered marks with the words LOVELY HOME. To have confidence that your proposed mark would not be infringing or confusingly similar to other marks in current use, it would be necessary to know what goods... Read more »

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1 Answer | Asked in Business Law, Intellectual Property and Trademark for Florida on
Q: Am I legally allowed to incorporate images of pet food bags for a powerpoint presentation on marketing schemes?

Putting together a slide presentation on common marketing tactics and wanted to use pet food bag images as examples. Wondering if this is legal or if I should block out the names of the pet food bags.

Jane Kim
Jane Kim answered on Jan 21, 2022

You should probably repost it under trademark or intellectual property.

Under the Fair Use doctrine you can use a trademark without permission if the use is for educational or informational purposes; so long as it is not used for commercial purposes.

2 Answers | Asked in Copyright and Trademark for Ohio on
Q: This may be a complex question, but I am trying to figure out the right way to ask.

This may be a complex question, but I am trying to figure out the right way to ask.

Lets say I legally research & purchase a dead trademark and/or copyright today. Pretend it is an old obsolete cereal & the purchased logo & word is (Dazzlecorn).

Now I want the domain... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 21, 2022

A trademark registration might have expired or been cancelled, but the owner might still have valid rights in the mark unless the owner has "abandoned" the mark. If another person begins using it, the owner can claim infringement. Whether the mark was abandoned would be determined by... Read more »

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2 Answers | Asked in Trademark on
Q: Is the word superstar trademarked by Adidas, would I be sued if I were to use the word as a name for my clothing brand?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 20, 2022

You need to consult with an attorney to determine your risk.

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1 Answer | Asked in Copyright and Trademark for Utah on
Q: I want to make some NFT art. Is there a way i can use comic characters, people's likenesses or mythical gods legally?

My art wouldnt be a copy and paste situation. For example, Its more or less a 3d sock puppet that looks like superman.

Steve Charles Vondran
Steve Charles Vondran answered on Jan 19, 2022

Generally speaking, you need to be careful when tying to use copyrighted pictures, images, characters, or real living third party persons in your NFT's. I know this is a new area of technology, but traditional principles of copyright law still exist. Unless you are making a COLLAGE, for... Read more »

1 Answer | Asked in Trademark for New Jersey on
Q: change / transfer ownership of a trademark
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 19, 2022

Trademarks are "owned" as intangible property by the person or business using them in commerce to identify the source of the goods or services. If the trademark owner sells its business, the trademark rights are generally transferred to the buyer as "goodwill" along with the... Read more »

1 Answer | Asked in Trademark on
Q: Question about trademark and domains.

I would like to buy some domains in the future.

I know that my domain can not use some trademark registered by other company. Otherwise it would be illegal.

Let's say: WWW.MYEBAY.COM

Ebay is a registered trademark so I can not use that word in my domain.

But... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 18, 2022

A lot will depend on what is the product or service you are promoting at your website and how much of a zelot is the rightful owner.

You should consult with an attorney.

1 Answer | Asked in Business Formation and Trademark for Florida on
Q: is the Figurella Method a registered trademark? Can I open a business that does the same type of Figurella business ?

is the Figurella Method a registered trademark? Can I open a business that does the same type of Figurella business under a different name? Should I modify something in the method to avoid any legal complications?

Linda Liang
Linda Liang answered on Jan 18, 2022

You need to hire an attorney to conduct a research for you and give you advice accordingly. Without more information, it is impossible to know the answers.

1 Answer | Asked in Business Law, Federal Crimes and Trademark for Alabama on
Q: Is it against the law to use the name of a government program to market advice and sell services?

My company helps military veterans with their benefits and provides counseling for them to make sure they are receiving the maximum benefits they are entitled to. Would it be against the law if I bought a domain such as www.selectiveservice.com (Just a random example not the actual domain) and... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 17, 2022

The names of government agencies and programs are essentially trademarks or service marks, and are infringed if private entities promote goods or services with confusingly similar names.

2 Answers | Asked in Trademark for Florida on
Q: Can you trademark a name under a category U don’t sell in order to stop someone else from using the name for that good

I sell skincare. She sells weight loss tea. She trademarked a name that is similar to mine. I am first in use with sales in skincare. She is first in use with a category that she didn’t even register under the trademark and has no proof anywhere that she intends to sell in my category. She is... Read more »

Thomas James
Thomas James answered on Jan 16, 2022

The Trademark Modernization Act (TM Act) went into effect December 27, 2021. Under it, anyone can file a petition to expunge or reexamine a registration on the grounds that the mark was not actually in use at the time the registration was issued. I wrote an article about it here:... Read more »

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2 Answers | Asked in Trademark for Virginia on
Q: Can I still use the name My Wonderpaw if there is a trademark on Wonderpaw in the same industry?
Robert Kost
Robert Kost answered on Jan 13, 2022

In theory, the answer is simple: no, you can't use the mark. However, there are other considerations. Let's assume you're referring to the mark at https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:hzp18o.2.2

* Are your goods/services in the same class as the...
Read more »

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1 Answer | Asked in Trademark for Florida on
Q: someone trademarked a similar name as my company offering similar products. Can i still get a trademark for mine

I did a public notice. I registered it under my corporation which I’ve had since 2011. Our first name is similar our second name is different. But she trademark things that she’s not even selling that I am offering with my logo and name attached to it online with a presence. What can be done!

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 12, 2022

Your question is unclear thus difficult to answer. If you have a federal registration for a trademark, it can be enforced against an infringer whose use is confusingly similar for the same goods/services. You should consult an experienced trademark attorney to review the matter.

2 Answers | Asked in Copyright and Trademark for Colorado on
Q: Need to know if I am allowed to us an alias name for a musical artist career.

The name I will be using is “Digitone”. Needing to make sure this doesn’t compete with trademarks under the name that are already in use. As I will not be making products that compete with these said companies that currently hold the trademarked name which seem to be around 5+ companies.

John Martin Hilla
John Martin Hilla answered on Jan 12, 2022

You certainly can use an alias or stage-name for your musical career. That name can also be registered as a trademark under the right circumstances.

I am a former professional musician-turned-trademark lawyer, and I specialize in assisting musical artists across the country with trademark...
Read more »

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2 Answers | Asked in Copyright and Trademark for Colorado on
Q: Need to know if I am allowed to us an alias name for a musical artist career.

The name I will be using is “Digitone”. Needing to make sure this doesn’t compete with trademarks under the name that are already in use. As I will not be making products that compete with these said companies that currently hold the trademarked name which seem to be around 5+ companies.

Kevin Michael Strait
Kevin Michael Strait answered on Jan 20, 2022

Yes, you can use a stage name that is a word or phrase that already exists in another line of business. Trademarks and, more generally, the words and phrases you use to distinguish your performances, are subject to a broad legal test that focuses on likelihood of confusion. The confusion in... Read more »

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2 Answers | Asked in Copyright and Trademark for Colorado on
Q: How do I get my trademark up to date

No pity self inflicted

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 10, 2022

The application (serial number 86066606) to register NO PITY SELF INFLICTED was abandoned in 2014, for failure to respond to an action from the trademark examiner. It cannot be revived. If you still want to use and register the mark as before, you should consult an experienced trademark attorney... Read more »

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1 Answer | Asked in Copyright and Trademark for California on
Q: Can I take a picture of a wrestling belt & use it as a template to create my own picture & use it on a shirt to sell?

I purchased a replica wrestling belt, and I was wanting to take a high resolution picture, upload it to my PC, and digitally through an art program to make an altered and custom version of the belt, and use that new image on a shirt to sell. I was wondering if that was something I can get in... Read more »

John Martin Hilla
John Martin Hilla answered on Jan 9, 2022

It is possible that you would be infringing on the trademark of the issuer of the belt (World Wrestling Federation, etc.). it is also possible that you would be infringing on the copyright of the designer of the original belt.

It is best to consult with an intellectual property attorney to...
Read more »

2 Answers | Asked in Trademark for California on
Q: Is the name "Minute-Man" trademarked.

I want to know if this name is fully trademarked by any companies. I want to use it as a superhero name but I'm not sure. And if there are any loopholes that can get me out of any problems, that would be appreciated.

John Martin Hilla
John Martin Hilla answered on Jan 9, 2022

To properly determine whether a mark is free to use, you should contact a trademark lawyer to run a professional clearance search for you. A proper clearance search will review not only the registered marks on the USPTO database but also usages of the proposed mark that have not yet registered.... Read more »

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