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Trademark Questions & Answers
1 Answer | Asked in Trademark for Michigan on
Q: Can I do anything if someone filed a trademark for a name that I previously set for a club but didn't trademark?

I helped create the club back in 2003 and we have evidence and witnesses that can collaborate the time of formation. We are also an international club and have members across the globe. We do not want to have a Marijuana dispensary with the same name as us. And while our name is not trademarked it... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Oct 4, 2022

You may be able to oppose the registration by what is called a "junior user" (you are the "senior user" based on your prior use) when its application is published for opposition, which is the last step in federal registration of trademarks and collective membership marks (a... Read more »

1 Answer | Asked in Trademark for Florida on
Q: can a trademark cancellation be requested by multiple different parties
Erik Špila
Erik Špila
answered on Oct 3, 2022

Yes, trademark cancellation proceedings can be initiated by multiple parties for the same trademark as there can be various reasons for trademark cancellation. This is valid for many jurisdictions and countries throughout the world.

1 Answer | Asked in Entertainment / Sports, Intellectual Property and Trademark for Ohio on
Q: Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors?

Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors? We would not use their images and the letting on our jersey design would be different.

Joseph Jaap
Joseph Jaap
answered on Sep 30, 2022

The only way to find out if it is "alright," is to contact the trademark owner and obtain permission. Without prior permission, there is a risk that the trademark owner could sue for trademark infringement.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can I get my handmade wire wrapped jewelry art protected by design by copyright or trademark
Erik Špila
Erik Špila
answered on Sep 29, 2022

In most cases, you can use all of them to get maximum protection. Each of these protect something different. At first you should perform trademark/design search to make sure there are no-conflicting prior rights and then decide what strategy suits you best.

If you need any further advice...
Read more »

1 Answer | Asked in Trademark for Colorado on
Q: Russel Wilson has made the phrase Let's Ride popular! Is there a infringement case if we've trademarked that already?

Denver Bronco branding has taken off with this phrase

Erik Špila
Erik Špila
answered on Sep 29, 2022

This is quite complicated question and an answer to it depends on various circumstances you have not mentioned such as date of priority, lenght of usage of trademark, goods and services in question, territory in which trademarks are in use and so on.

I definitely advice you to seek local...
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2 Answers | Asked in Trademark for California on
Q: If my name is a trademarked company's name am I in trouble for making an application with my name as the author on it?

Let's say my legal name is Amazon. If I make an online store that says by Amazon, am I legally screwed?

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

I wouldn't use those words, but, yes, you'd need to not infringe. Speak with an IP attorney in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal... Read more »

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2 Answers | Asked in Trademark for California on
Q: If my name is a trademarked company's name am I in trouble for making an application with my name as the author on it?

Let's say my legal name is Amazon. If I make an online store that says by Amazon, am I legally screwed?

Erik Špila
Erik Špila
answered on Sep 28, 2022

Trademark rights are different than rights arising from your business name. It also depends on priority, simply speaking, who was the first user of the name and who first used it in commerce and so on. You should seek professional IP lawyer to discuss further.

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1 Answer | Asked in Trademark for Kentucky on
Q: Please Help, Trademarking My Companies Logo With Fees and Cost For Start up I Don’t Have at the moment.

Record Label logo needing to be Trademarked.

Erik Špila
Erik Špila
answered on Sep 27, 2022

Dear Mrs or Mr,

there are many initiatives, such as one in EU for instance, which offer co-financing for SMEs (startups including) and this one can covers you up to 75% of your office fees. You can check out more details by clicking on the link bellow, and if you need trademark attorney in...
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1 Answer | Asked in Trademark for Ohio on
Q: What is hanging from the s in the Smith & Wesson trademark?
Matthew Williams
Matthew Williams
answered on Sep 26, 2022

Not really a legal question. But it looks like a bit of decoration based on the hammer part of a pistol.

1 Answer | Asked in Copyright, Entertainment / Sports, Gaming, Intellectual Property and Trademark on
Q: if I were to post videos online of a group playing a tabletop game based on copyright material could I be sued?

if I were to post videos on youtube of me and some friends playing tabletop RPG based around copyrighted material (pokemon) could I be sued for copyright infringement and could I monetize it without legal repercussions?

Thomas James
Thomas James
answered on Sep 26, 2022

This response is based on U.S. copyright law. Laws in other jurisdictions may be different.

While game rules are not protected by copyright, the manner in which they are expressed might be. Images (artwork, drawings, photographs, etc.) generally are protected by copyright. Names of games...
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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 Trademark for Nevada on
Q: can i use the words sofi consortium with\out permission from the SoFi stadium
Erik Špila
Erik Špila
answered on Sep 21, 2022

The purpose of trademark is to distinguish the goods or services of trademark owner from goods or services of other subjects. With this in mind you will need to establish if the using of your words in business does not infringe the rights of other IP owners. I recommend contacting... Read more »

1 Answer | Asked in Intellectual Property and Trademark for New York on
Q: Both Netflix and Google have violated my USPTO registered TM. Are you able and willing to fight these behemoths?

I have a good case against both Google and Netflix with much documentation and screenshot images. Netflix uses my name on their cartoon, Bojack Horseman, where they've placed it on the marquee of an abortion clinic slurring my registered USPTO TM. They call it "freedom of expression"... Read more »

Sergiy M Sivochek
Sergiy M Sivochek
answered on Sep 19, 2022

These types of questions are always very complex and fact-specific. And there are always many gray areas. Before any reasonable attorney can tell you whether they are willing to fight Google and Netflix on your behalf, there are MANY additional questions that will need to be asked and answered, and... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Illinois on
Q: I am within my legal rights to use a modified version of the coppertone logo freely? I would be making money off it.

Am I allowed to use an image of a girl and dog, deliberately meant to resemble the coppertone ads of the 1960s, as a logo for my band?

Sergiy M Sivochek
Sergiy M Sivochek
answered on Sep 19, 2022

Deliberate copying or modification of someone else's image may constitute willful copyright infringement with serious consequences, especially if done for financial gains. You would be well-advised to carefully discuss your specific plans with an experienced intellectual property lawyer... Read more »

1 Answer | Asked in Trademark for Maryland on
Q: I would like to register a trademark in the USA for a brand.

How much would that cost & what could be the time span...?

Erik Špila
Erik Špila
answered on Sep 18, 2022

Dear Mrs or Mr,

cost can be from 500$ per application filing for one class of goods or services (with an attorney) and a time of registration can be around 1 year if no objections from office or third parties are raised.

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Tennessee on
Q: Does claim 20030136149 (publication number) mean that I can't personally make morse code bracelets and sell them?

I am planning on making them and selling them in the Gatlinburg and Pigeon Forge area of TN. We would get a small business license, and pick our own messages. But I'm wondering if I legally can't, based on this patent. And if this patent doesn't stop me, are there other patents that... Read more »

Carl Massey Jr
Carl Massey Jr
answered on Sep 16, 2022

This is not a patent. It is a published patent application that was abandoned a long time ago. If you need a patent search to see if any other patents out there would present a problem, you're gonna have to engage a patent professional. But this patent application would not be a problem.

2 Answers | Asked in Trademark for Georgia on
Q: is registration # 87390926 tired of dreaming active or dead? if active how to maneuver through likelihood of confusion

In the process of TM and see parts of application name trademarked but I don’t understand action refusal for this trademark and if it would impact my application as well

Erik Špila
Erik Špila
answered on Sep 16, 2022

Dear Mrs or Mr,

this US application was abandoned, so it should not be a problematic when you file a similar trademark application.

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2 Answers | Asked in Trademark for Georgia on
Q: is registration # 87390926 tired of dreaming active or dead? if active how to maneuver through likelihood of confusion

In the process of TM and see parts of application name trademarked but I don’t understand action refusal for this trademark and if it would impact my application as well

J. Tanner James
J. Tanner James
answered on Sep 20, 2022

This application was abandoned for failure to timely file a Statement of Use or a request for extension.

However, this does not necessarily mean that the mark “TiredOfDreamin” is unprotected. Common law trademark rights exist the moment a mark is used in commerce and require no formal...
Read more »

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1 Answer | Asked in Trademark for Nebraska on
Q: Is it against the trademark to state "fits the American Girl doll" on the listing of my crochet patterns?

On the pattern itself, it just says for 18-inch dolls. But in the description and search it states AG 143 Hiking Set - Crochet Pattern for American Girl Dolls

This is for the “PATTERN” only Not the completed item!

Fits the American Girl, Madame Alexander, Springfield, and... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp PRO label
answered on Sep 15, 2022

Your use of the doll trademark to specify that the pattern fits that doll is "nominative fair use" of the trademark. It is not an infringement since you are not selling dolls or competing with the trademark owner, just informing the pattern market what doll yours fits.

2 Answers | Asked in Trademark on
Q: Can i use a trademark that has been abandoned? What do i have to do in order to register it in my name?

I would like to open a company and use a trademark that has been abandoned since 2014. Just cause i think its perfect for the products i want to sell.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 14, 2022

You should consult with an attorney to understand your best approach

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