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Trademark Questions & Answers
2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: I like to make Selfiequeen as trade mark. What is the process. I know someone else made Selfie Queen as trade mark.

How much will it cost

Felicia Altman
Felicia Altman
answered on Feb 10, 2024

Filing a trademark can vary in cost depending if you are filing an in-use or intent-to-use application. A standard in-use application costs approximately $250 for a TEAS Plus application and $350 for a regular trademark application. It is best practice to have a trademark attorney conduct a USPTO... View More

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1 Answer | Asked in Trademark and Intellectual Property for Georgia on
Q: Does one trademark protect the whole class of goods regardless of what I'm currently selling?

I currently sell dog collars and dog leashes, which are both class 18. I plan to soon start selling backpacks, which are also class 18. If I only get the trademark for the collars and leashes, will it also protect the backpacks that I plan to sell later?

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answered on Feb 8, 2024

In Georgia, obtaining a trademark for specific goods within a class, such as dog collars and leashes in class 18, provides protection for those specific goods but doesn't automatically extend to all goods within the same class. While trademarks are registered under specific classes to broadly... View More

1 Answer | Asked in Trademark and Intellectual Property for Pennsylvania on
Q: Is there anything I can about my podcast name getting trademarked?

Started a podcast in 2016 and was planning to trademark the name last year, but I noticed a podcast that started after ours and were former fans of ours, trademarked the name in January 2022.

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answered on Feb 6, 2024

If you started using your podcast name in 2016 and discovered that former fans of your podcast, who started their podcast after yours, successfully trademarked the same name in January 2022, you may still have options to challenge their trademark registration. In the United States, trademark rights... View More

1 Answer | Asked in Intellectual Property and Trademark for California on
Q: I want to TM my stream name in the US but someone else in Canada has it, if I TM can the Canadian still make money in US

If I own the TM of the stream name in the US, can other streamers in other countries make money off the same stream name off US viewers?

James L. Arrasmith
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answered on Feb 6, 2024

If you successfully trademark your stream name in the United States, it provides you with legal protection within the U.S. This means that others in the U.S. cannot use the same stream name for their streams or related activities without your permission. However, trademark rights are generally... View More

1 Answer | Asked in Trademark and Intellectual Property on
Q: Good afternoon) I am interested in opening a company and a trademark in the USA

Good afternoon) I am interested in opening a company and a trademark in the USA, do you need advice on costs and taxes in different states?

James L. Arrasmith
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answered on Feb 5, 2024

Good afternoon! Opening a company and registering a trademark in the USA involves various costs and tax considerations that can vary significantly from state to state. When it comes to forming a company, you'll need to decide on the type of business entity (such as an LLC, corporation, etc.),... View More

1 Answer | Asked in Trademark and Intellectual Property for Nevada on
Q: I created a label for my candle company, but it looks similar to an already established company’s label. Is this legal?

I use a common font as my candle name font, for my website headers and for my logo. They appear to use the same font for their candle names and website headers. We both use is lowercase in our website headers and candle names. Our candle names are similar in that we use phrases or places to name... View More

James L. Arrasmith
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answered on Feb 5, 2024

The legality of your label's design in relation to another company's label hinges on whether it creates confusion among consumers about the source of the products due to the similarities. Trademark law protects brand names, logos, and other identifiers from being used in a way that could... View More

1 Answer | Asked in Trademark and Intellectual Property on
Q: I want to have a global holding company to operate the way Virgin group by Richard Branson operates. How to trademark?

The subsidiaries will be operating in different countries. Do I trademark worldwide the name of my company or in individual countries. I'm a resident in an african country but the parent company will be registered in the carribean. Thanks

James L. Arrasmith
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answered on Feb 5, 2024

To protect your company name globally, especially with subsidiaries operating in multiple countries, you'll need to consider trademark registration in each country where you plan to do business. There isn't a single "worldwide" trademark registration process, but the Madrid... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Wisconsin on
Q: Can I make and sell something that says Dirty Hands Clean Money, or is that illegal?
James L. Arrasmith
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answered on Feb 5, 2024

Under California law, the phrase "Dirty Hands Clean Money" is not inherently illegal. However, whether you can make and sell products with this phrase depends on the specific context and use. If the phrase is used in a way that implies illegal or unethical activities, it could potentially... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Florida on
Q: I make wood cut maps, can I use the name of a University in a map, no logos just the name
James L. Arrasmith
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answered on Feb 4, 2024

Using the name of a university on a woodcut map can potentially raise trademark and intellectual property concerns. While you're not using logos, universities often have trademark protection for their names to prevent unauthorized use for commercial purposes. Whether you can use the name... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: I own a construction company and I came across another local construction company who has copied my brand entirely.

This other company operates in the same city, offering the same services and they have very closely replicated my logo using same colour scheme, font, layout and symbol over the writing. They copied the style of website I designed, same colours, layout, they paraphrased all the captions and they... View More

James L. Arrasmith
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answered on Feb 4, 2024

Given the situation you've described, where another local construction company has copied your brand identity to a degree that causes trademark confusion, you have grounds to take legal action for trademark infringement and copyright violation. The first step is to document all instances of... View More

1 Answer | Asked in Copyright, Entertainment / Sports, Gaming, Trademark and Intellectual Property for Florida on
Q: can I use an unrecognizable video game character to hit a block similar to Mario Bros?

On my website I'd like to have an unrecognizable character jump up and strike a block having an item come out of the block. The motion would be similar to the Mario bros. Would this create any copyright issues with Nintendo?

James L. Arrasmith
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answered on Feb 1, 2024

Using an unrecognizable character in a video game-like scenario, where the character jumps and hits a block to release an item, may still raise potential copyright issues with Nintendo or other video game companies. While the character itself may not be recognizable as a specific copyrighted... View More

1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for New York on
Q: Is it legally allowed to sell goods such as clothing items with the phrase "Spidey sense" on them?

Those clothing items do not include anything else that might be related to "spider-man". the clothing items only have the phrase "Spidey sense" and graffiti designs that are free to use on them.

James L. Arrasmith
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answered on Feb 1, 2024

Selling clothing items with the phrase "Spidey sense" on them may potentially raise legal issues related to trademark and copyright. "Spidey sense" is a term associated with the fictional character Spider-Man, a trademarked and copyrighted character owned by Marvel Comics, which... View More

1 Answer | Asked in Intellectual Property and Trademark for California on
Q: TM dispute — opposition has a Canadian lawyer w/no US license. He’s a pain. Can I ignore until she gets a US lawyer?

I’m the originator of the concept, she’s the thief. Her lawyer even acknowledged I’m the rightful creator, but that she’s going to steal it anyway. (He is not the brightest.) I’ve spent thousands on a brilliant, qualified, California attorney to respond to this guy’s rants, and he... View More

James L. Arrasmith
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answered on Feb 1, 2024

In the United States, practicing law without a valid license is prohibited, and lawyers must be licensed in the specific jurisdiction where they are representing clients. If the Canadian lawyer does not have a U.S. license and is involved in a California case, it may raise concerns about their... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Alabama on
Q: Fair use or copyright infringement? Can something that is an infringement in copyright or IP law also be fair use?

Examples:

1. I draw a fan art of a car with a company logo on the front from a photograph without permission.

2. I draw a fan art without permission of a character.

3. I right click a copyrighted image from Google Images, Bing Images, or a website, etc. and click "save... View More

James L. Arrasmith
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answered on Jan 30, 2024

Determining fair use versus copyright infringement can be complex, but some general principles apply:

1. Using a company's logo in fan art without permission is generally trademark infringement, not fair use. Trademarks identify the source of goods/services, so using them suggests...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Alabama on
Q: What uses does fair use cover besides the examples of criticism, commentary, news reporting, teaching, research, etc.?

I'm looking for an overview of everything it would generally cover. I already know it covers criticism, commentary, news reporting, teaching, scholarship, or research. But does this apply to an individual, businesses, or both; is it only for private uses or anything non-commercial only? Is it... View More

James L. Arrasmith
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answered on Jan 30, 2024

Fair use is a legal doctrine that provides certain limited exceptions to copyright law, allowing the unlicensed use of copyright-protected works in certain circumstances. Here's a broad overview:

- Fair use applies to both individuals and businesses/organizations. It covers private,...
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2 Answers | Asked in Business Formation, Business Law, Copyright, Intellectual Property and Trademark for Maryland on
Q: Can images created using AI websites be used for small business ideas such selling t-shirts or stickers?

I am looking to possibly start selling stickers and t-shirts online via Etsy. The images I am hoping to use would be created using AI websites. Is this something I am legally allowed to do?

Kenesha A Raeford
Kenesha A Raeford
answered on Jan 29, 2024

This is a great question, and is quite naturally very complex given the ever-changing landscape of technology. Right now, general intellectual property laws that govern internet images are essentially limited to uniquely created imagery and content that is produced by human individuals.... View More

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1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Alabama on
Q: Is it permissible under copyright law to screenshot Google Street View imagery of a house I grew up in for memories?

What about if the images contain someone's car or any trademarks? Does this action infringe on any IP, such as design patents, patents, copyrights, trademarks, etc.?

James L. Arrasmith
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answered on Jan 29, 2024

Under copyright law, using a screenshot of Google Street View imagery for personal, non-commercial purposes, like reminiscing about a house you grew up in, generally falls under fair use. However, it's important to be mindful of how you use these images, especially if you decide to share them... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: Am I able to use superman image on my website?

Hello! I am creating a website for my product. It's called X-RAY. So I would like to use Superman image on one of the pages as a part of design, because superman has x-ray vision.

James L. Arrasmith
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answered on Jan 28, 2024

Using an image of Superman on your website for commercial purposes could lead to legal issues due to copyright and trademark laws. Superman is a copyrighted and trademarked character owned by DC Comics, a subsidiary of Warner Bros. Entertainment. Using his image without permission could be seen as... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: Is the phrase "I'm a Michigander " copyrighted? Can anyone use it on a t shirt?

Many decades ago my father sold t shirts with this phrase and a logo. It is still in use today. Can I use both the phrase and logo?

James L. Arrasmith
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answered on Jan 28, 2024

The phrase "I'm a Michigander" itself is a general statement and not likely to be copyrighted. However, if it's combined with a specific logo or design that was created by your father and is unique, that logo may be subject to copyright protection.

If your father's...
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1 Answer | Asked in Trademark and Intellectual Property for Florida on
Q: Is the term "Boss Babes" trademarked?

I would like to start a Facebook group and name it Florida Boss Babes and want to know if this is okay or if I would be violating someone else's trademark.

James L. Arrasmith
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answered on Jan 25, 2024

To determine if "Boss Babes" is trademarked, you can conduct a search in the United States Patent and Trademark Office (USPTO) database. This will show if the term is currently registered as a trademark. Remember, even if a term is not registered as a federal trademark, it could still be... View More

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