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Trademark Questions & Answers
1 Answer | Asked in Gaming and Trademark for Florida on
Q: My company makes games for its benefit. Others buy/download our games. Would we use a trade or servicemark for our brand

Unsure if I should use Class 09 or Class 42 for my company's brand name. Is making the video games I want to make, but then selling and/or offering them to be played by others considered a service for others?

Evelyn Suero
Evelyn Suero answered on Apr 7, 2020

The answer to your question depends on the specifics of your business. However generally speaking, a trademark symbol is used to identify the source of 'products/goods' that you are selling; and a service mark is used to identify the source of a 'service'. For example, when a potential customer... Read more »

3 Answers | Asked in Copyright and Trademark on
Q: Can I use ‘Lovegood’ in my brand name as long as it’s not ‘Luna Lovegood’? Thanks.
Anthony Santangelo
Anthony Santangelo answered on Apr 7, 2020

You probably Should search the Trademark database at USPTO.gov to see if your brand name is trademarked otherwise the Trademark holder may be able to force you to take yours down. Also another good place to search would be to see if the domain is taken at Google domains and Lastly to see if the... Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: Can I put my trademarked brand on characters wearing my brand like Bart Simpson, Goku, or Spider-Man?

Photoshopped or free and drawn.

Barbara Berschler
Barbara Berschler answered on Apr 4, 2020

Because all of those characters are either protected under copyright on trademark, your proposed activity would result in infringement. To help you better understand the implications of such intellectual property rights, both the Copyright Office and USPTO have excellent informative websites. I... Read more »

1 Answer | Asked in Products Liability and Trademark for Texas on
Q: Can I use portions from a beer bottle label to create products to sell, or is this in violation of trademark law?

I wouldn't be using the entire paper label from a used beer bottle that has been discarded. Portions of a trademarked logo or word maybe visible on some pieces but not others. It is all based on what I can and cannot use from the beer bottle paper label that is not damaged. I am unable to find a... Read more »

Barbara Berschler
Barbara Berschler answered on Apr 3, 2020

Your question touches on several intellectual property issues, most notably trademark and copyright. Whoever owns the copyright rights in the label's design does not loose them simply because the bottle it was attached to has been discarded or the label ripped. Similarly, if the portion of the... Read more »

Q: Iv learned to draft a patent, my patent is beautiful, I may need an attorney to assist in litigation.

I am the inventor of web cam covers of which I have a provisional application. I'm looking for an attorney to assist in possible litigation, an attorney of whom will take a contingency case. This has already been proved I have a rock solid case. Davison or invention land tried stealing my idea and... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Apr 2, 2020

Sorry, but there is very little chance of any attorney taking your case. For several reasons.

Firstly, just because you've filed a provisional application, does not mean that you have a patent. You need to file a regular application, prosecute it, and have the patent issue before you...
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2 Answers | Asked in Trademark for Utah on
Q: I'm trying to make a clothing brand named blase, would i still be able to or is there legal issues?
John Martin Hilla
John Martin Hilla answered on Mar 31, 2020

Consult a trademark attorney to discuss your proposed mark in a private consultation.

Many of us offer free virtual consultations to potential clients nationwide.

The first step that is required to answer your question is to retain an attorney to conduct a thorough clearance...
Read more »

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2 Answers | Asked in Business Formation, Business Law and Trademark for New York on
Q: Is it ok to register a business / trademark using a different name?

Hello,

I'm asking for legal advice. Is it permitted by law to register a business entity and file for a trademark registration using a false name?

Thanks in advance.

John Martin Hilla
John Martin Hilla answered on Mar 31, 2020

This response is not specific legal advice and is not intended to create an attorney-client relationship.

You should speak with a trademark registration attorney for specific information regarding your particular proposed trademark .

A trademark is a word, name, phrase, slogan, or...
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2 Answers | Asked in Intellectual Property and Trademark for Texas on
Q: If a company filed bankruptcy and abandon their trademark and you went ahead and started the same business and filled

For the trademark that was once abandon, can that old company come after you with a cease and desist letter or I would need to pay them for using their name , And if so then what’s my right?

Tania Maria Williams
Tania Maria Williams answered on Mar 25, 2020

Just because a company filed bankruptcy doesn't mean they're not still using the mark in commerce. There are different types of bankruptcy and not all result in the company no longer doing business. Also, there are common law rights a trademark owner has once they continue to use the mark. I... Read more »

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1 Answer | Asked in Intellectual Property and Trademark for Wisconsin on
Q: If I were to use the words snoop dogg on a tshirt in reference to a plain dog theme, is that a violation of a IP?

can i send the example of the t shirt for reference? dog theme is purely general, no negative/positive undertones,

Tania Maria Williams
Tania Maria Williams answered on Mar 23, 2020

The issue here may not be one of trademark but rather the right of publicity. Snoop is a celebrity whose name, image and likeness have monetary value. If someone else uses that for monetary gain they could be liable. Feel free to email me at tania.williams@williamsfirmpa.com for a consult so... Read more »

1 Answer | Asked in Copyright, Products Liability, Intellectual Property and Trademark for New York on
Q: Can I use 'But can you pay my bills?' on merchandise without infringing on 'Bills, Bills, Bills' by Destiny's Child?

I am a designer and what to create tshirts for women that say 'But...can you pay my bills, tho'?' or 'Can you pay my bills?'. It's for a line of clothing that I want to produce. Since it's a common phrase I figured it would not cause an issue but want to stay on the clear side.

Thanks for... Read more »

Tania Maria Williams
Tania Maria Williams answered on Mar 23, 2020

There are a couple considerations for what you're trying to do but the main consideration is if you would be able to protect it even if you used it. You may be able to use the first phrase without infringing on Queen Bey but that doesn't mean someone else doesn't have a registration in that mark.... Read more »

1 Answer | Asked in Trademark on
Q: I would like to trademark the word "Orma" for a software and hardware product that I'm building. Could you please help?
Tania Maria Williams
Tania Maria Williams answered on Mar 23, 2020

I can help you with your trademark needs. Feel free to contact me at tania.williams@williamsfirmpa.com.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: Can I create a trademark called "Stay Classy Girl" if "Stay Classy" is already taken?
Tania Maria Williams
Tania Maria Williams answered on Mar 23, 2020

It depends on the class of goods and services and potential related goods or services that the marks protect. Just because a term is registered in one class doesn't mean a person cannot use it for different goods and services. The test is whether there is a likelihood of confusion among... Read more »

2 Answers | Asked in Trademark on
Q: How can I search a Trademark after last name of owner? What about searching after nationality?
Tania Maria Williams
Tania Maria Williams answered on Mar 23, 2020

When doing a basic search in TESS (Trademark Electronic Search System), you can change the "Field" option below the search bar to "Owner Name" instead of the default field which is "Combined Word Mark." This will allow you to input an owner's name to do the search.

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2 Answers | Asked in Copyright and Trademark for Minnesota on
Q: Is the cease and desist order I was sent an actual legal document, and is it a baseless claim or not?

I'm the host of a paranormal radio show and I use a promotional poster to announce my guests each week. During a recent show, a woman from MA messaged me saying I was infringing on her trademark because the slogan for my radio show was similar to what she uses for her website and apparel, which is... Read more »

Jason Brooks
Jason Brooks answered on Mar 22, 2020

She may have a trademark in that phrase, which is completely different than copyright. Your best best is to look up the phrase in the USPTO directory to see if it’s actually a registered mark.

For purposes of a trademark, there wo d be no difference of your use her use of “we are” vs...
Read more »

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1 Answer | Asked in Trademark for New Jersey on
Q: besides the govt fees what can i expect to pay ( ballpark) for trademark serives from a ltrademark attorney?
Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 20, 2020

Will depend on the attorney and complexity of your case.

You should budget at least $1,000 to $2,000.

Contact an attorney for more details.

www.legalbizglobal.com

1 Answer | Asked in Trademark for Wisconsin on
Q: I cant tell if someone has a shape trademarked or not

Im wanting to use a skyline view but the view i want to use has the Miller sign in it. I looked and they have a design trademarked but not the sign or skyline. The trademark says that it contains specific words, i think since we are just using the outline with no words we should be ok?

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 18, 2020

Hard to understand what you are trying to accomplish.

If you make a design of a skyline, you could file for trademark protection, if it meets all the requirements.

Consult with an attorney so we can provide better guidance.

2 Answers | Asked in Copyright and Trademark for Pennsylvania on
Q: I want to use the title "Bands Against Humanity" for a marching band field show. Is that brand confusion with the game?

We are doing a marching band halftime show in 2020 that is heavily based in satire. I'd like to use the title "Bands Against Humanity" as it perfectly describes the "satire" and humor elements of our theme. I reached out to the game manufacturer for Cards Against Humanity and they said I could... Read more »

James D. Williams
James D. Williams answered on Mar 16, 2020

Yes, if they have a registered trademark, then it would include slight variations on it. Trademarks are typically limited to specific goods and services as they are listed within the application. However, by hosting this type of event, CAH could make a claim that you are diluting their brand name... Read more »

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1 Answer | Asked in Intellectual Property and Trademark for Maryland on
Q: What could I do, if I have proof that I designed Cloud hosting, before AWS was released.

I've been going through my old notebooks from when I was 7 (2007-2008), and there's a full 50 page on my own design and ideas for a cloud hosting service. I have flowcharts, pricing models, and even a market outlook.

Mark Oakley
Mark Oakley answered on Mar 11, 2020

Lots of people dream up big ideas and never act on them, then someone else comes up with a similar idea on their own and implements it. What can you do about it? Nothing. Ideas can’t be patented, and if you fail to bring an idea to market or fruition as a product or service, you can’t claim the... Read more »

1 Answer | Asked in Trademark for Maryland on
Q: Hello, I see that Howard University is trademarked. Am I able to just use "Howard" or "Bowie" without adding the word U
Rolanzo Richard White
Rolanzo Richard White answered on Mar 4, 2020

It's going to depend on the actual mark, but "Howard" and "Bowie" themselves are weak marks and will likely not be granted a trademark. "Howard" is a common first and surname and "Bowie" is a location. The USPTO does not grant trademarks to generic or descriptive marks. Strong marks are "fanciful"... Read more »

1 Answer | Asked in Trademark for Washington on
Q: My husband sold a game to a company that is no longer in business and trademark has lapsed. How do we obtain rights?

Discovery Bay Games, Seattle. Game is Two Bridges

Jason Brooks
Jason Brooks answered on Mar 4, 2020

If a trademark is deemed “abandoned” by the USPTO, then it is a dead mark and any new applicant must start the registration process from the beginning by preparing a new application for registration of that mark. Because of the history of your husband with respect to this game, there may be... Read more »

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