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Trademark Questions & Answers
1 Answer | Asked in Trademark for Michigan on
Q: Is Schitts Creek trademarked? Or is it just Schitt’s Creek that is?
Omar Darwich
Omar Darwich answered on Jun 16, 2021

First of all.. I wish they kept airing episodes!

It might be trademarked. You might not get a hit off a basic word mark search through the USPTO and need an attorney to do a TESS search (they arn't easy--one of the reasons why people hire attorneys)

There might also be...
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3 Answers | Asked in Trademark on
Q: Lets say there is a Trademark for "Pinky Skin", can we trademark "Pinky Skin!" or "Pinky Skin Co"?

Lets say "Pinky Skin" is trademarked back in 2018

IC 003. US 001 004 006 050 051 052. G & S: Cosmetics

but they are not using it anywhere on their products, websites, or social media. Feels like they just got it and they decided not to use it.

We wanna launch a... Read more »

Linda Liang
Linda Liang answered on Jun 16, 2021

Theoretically speaking, you need to be sure it is not only similar in words, but also in appearance and sounds, to any marks used or applied for by other parties. You are right, unless a thorough search is complete, nobody can say for sure.

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3 Answers | Asked in Trademark on
Q: What is the meaning of “a likelihood of confusion including the likelihood of association” in trademark law?

Also give some examples to better understand that situation.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 16, 2021

You should consult with an attorney to understand all options.

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2 Answers | Asked in Copyright and Trademark for New York on
Q: Hello we Have israely brand name sabon michal ( the soap of michal) can i use the word SABON? Sabon in hebrow its soap
Evelyn Suero
Evelyn Suero answered on Jun 15, 2021

Generally speaking, it is permitted to use a foreign word as part of your trademark. However, whether a trademark can legally be used depends on several factors including whether the trademark is not confusingly similar to another trademark that is in use for the same or related goods or services.... Read more »

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2 Answers | Asked in Trademark for Indiana on
Q: I'm trying to get in touch with a Thomas young he handled my trademark a few years ago and I can't figure out which comp

Which company did my trademark?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 14, 2021

You can consult with an attorney and search for your trademark in the system

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2 Answers | Asked in Trademark for Colorado on
Q: If I buy a trademarked item from a licensed seller can I use that item in the product I create and sell it?

I am buying the insignia for a military branch then affixing it to a wooden flag, then selling the flag. The company I am buying the insignia from is licensed to sell them.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 11, 2021

Probably not.

It will depend on the conditions of the sale.

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2 Answers | Asked in Trademark for North Carolina on
Q: How do I get a trademark for the word, Godufacturered.

I invented this word back in 2005 as part of my non profit, Da Jesus Factory and outreach ministry slogan. Where P.E.A.C.E. IS Godufactured 24/7. I recently discovered that someone attempted to get a trademark for it but it appears it failed. Is it possible for me to obtain a trademark for it now.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 10, 2021

Depends

You need to consult with an attorney to review your chances

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2 Answers | Asked in Trademark for New Mexico on
Q: Do I have to change my business name?

I was sent an email by Marketing Solutions LLC in New Mexico that my business KN Marketing Solutions is in violation of Trademark law of "Marketing Solutions" name, which is registered trademark in the state of New Mexico to Marketing Solutions LLC. However, my business is registered in... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 8, 2021

The test here is likelihood of confusion.

Whether somebody would get confused.

You need to consult with an attorney.

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1 Answer | Asked in Trademark for California on
Q: Trying to understand Trademarks. If someone has a trademark in a certain category, does that mean I can use it in others

Hello! I'm interested in utilizing the word "funfetti" in a business name unrelated to a cake or the product funfetti. It appears as though the name is Trademarked and I was wondering if it's something I can utilize in an unrelated capacity.

Thank you!

Omar Darwich
Omar Darwich answered on Jun 7, 2021

An easy example is to look at the term "pandora". We have pandora music but we also have pandora jewelry.

Without going more in depth thats a good way to think of this matter.

You can always consult with a trademark attorney. Many like myself offer free consultations.

1 Answer | Asked in Trademark for North Carolina on
Q: Hello, I have a design for a small business I would like to see if it stays within the guidelines of this trademark?
Omar Darwich
Omar Darwich answered on Jun 7, 2021

I think I know what you're asking, but not entirely sure.

If you have a design for your small business and would like to know how it fairs in regards to trademarking feel free to reach out to an attorney for a consult.

1 Answer | Asked in Copyright and Trademark for North Carolina on
Q: I have a design I would like to know if it passes the guidelines not to infringe on this trademark.
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 7, 2021

Consult with an attorney so she can do proper searches and give you a risk assesment.

2 Answers | Asked in Trademark on
Q: Can I name my blog Berry or could I get in legal trouble
Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 7, 2021

Depends

You should consult with an attorney to understand your goals and risks

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2 Answers | Asked in Trademark for Georgia on
Q: Permission to use the Mark.

DARPA, CDMA, USCCA, USCIS, RealID, E-Sign

Bill Hulsey
Bill Hulsey answered on Jun 6, 2021

Some are functional. Some are brands. Knowing the difference is important and controls your rights.

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3 Answers | Asked in Real Estate Law, Identity Theft, Trademark and Wrongful Death for West Virginia on
Q: Echo Red was my Favorite shoes ever they was the best quality and clothing is timeless how would someone get the brand?

Trademark and holding information I’d like to really revive this brand. I heard they went bankrupt or the revenue didn’t compensate for the money spent. But no wonder everything I ever seen is top quality.

Bill Hulsey
Bill Hulsey answered on Jun 6, 2021

Check USPTO TESS data base. It includes dead trademarks. There are other sources, too.

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2 Answers | Asked in Trademark for California on
Q: I would like to pick up this Abandon trademark , BIONDA BRUNA HANDMADE IN ITALY WWW.BIONDA-BRUNA.COM - Trademark Details

I was told that I could petition for the Abandoned trademark of BIONDA BRUNA HANDMADE IN ITALY WWW.BIONDA-BRUNA.COM - Trademark Details

So I need a lawyer to help me to obtain the abandon trademark.

Evelyn Suero
Evelyn Suero answered on Jun 1, 2021

A trademark application is typically deemed abandoned for failure to submit a required response to the USPTO. However it is still important to determine whether the mark is still in use by the applicant or by any other business. A trademark attorney can assist you with this process.

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1 Answer | Asked in Copyright and Trademark for North Carolina on
Q: Can I use the phrase "I Spy" in a book title?

I see hundreds of books from various authors with that title on Amazon.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 31, 2021

No

Consult with an attorney to understand your options and risks

2 Answers | Asked in Trademark on
Q: How do I reach out to use a trademarked phrase?

I'd like to use the slogan Run Forrest Run as a political candidate, my name is Forrest.

Marcos Garciaacosta
Marcos Garciaacosta answered on May 29, 2021

As a politician or aspiring to be you should have a team of advisors including attorneys

It should include branding people

In general a trademark protects the products or services that it was registered for.

If you use it for political purposes and it has no protection for...
Read more »

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3 Answers | Asked in Trademark for Illinois on
Q: Can I trademark the name black wallstreet Chicago if black wallstreet is trade marked
Marcos Garciaacosta
Marcos Garciaacosta answered on May 29, 2021

Probably not

You should consult an attorney to evaluate your options and risks

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1 Answer | Asked in Trademark for Pennsylvania on
Q: The word boy dad & girl dad is trademarked. Will I be infringing by using girl dad (space) or boy Dad? TRN 5397597

The owner of trademark sent me this: According to the USPTO, Girl Dad and #girldad infringe on our mark because they would be confused with Girldad. Consider this example, a gentleman applied for a mark using "girl dad" in February (serial number 88805589) and on May 12, 2020 received a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on May 27, 2021

They are correct

You should consider an alternative trademark and consult with an attorney

2 Answers | Asked in Trademark for Florida on
Q: Does trademark trump public domain?

Can I adapt the murder of roger ackroyd (in the public domain in 2022) and include hercule poirot?

Marcos Garciaacosta
Marcos Garciaacosta answered on May 25, 2021

you are probably confused with copyrights

You should consult with an attorney and do an analysis of your plans.

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