Trademark Questions & Answers by State
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Trademark Questions & Answers
Q: Hello I don't want my trademarks appear on your website how do I get them off here
Michael Gerity's answer
Generally, if another party is using trademarks without permission, the first step is to send them a demand letter or "take down" notice. Of course, there are a number of circumstances where use of trademarks by a third party is allowed, such as for use in comparative advertising, where the use is descriptive, when the mark is used only to describe products/services, parody, nominative use, etc. With "fair use" such as these examples, the holder of the trademark cannot generally force a third...
Generally, if another party is using trademarks without permission, the first step is to send them a demand letter or "take down" notice. Of course, there are a number of circumstances where use of trademarks by a third party is allowed, such as for use in comparative advertising, where the use is descriptive, when the mark is used only to describe products/services, parody, nominative use, etc. With "fair use" such as these examples, the holder of the trademark cannot generally force a third...
Q: is the phrase "not all superheroes wear capes" trademarked? If not can I legally trademark it and if so can I use it?
H. Scott Aalsberg Esq.'s answer
Maybe either you have to check yourself or hire a lawyer to do it for you. Using someone elses copyright can lead to a lawsuit and severe monetary penalties.
Maybe either you have to check yourself or hire a lawyer to do it for you. Using someone elses copyright can lead to a lawsuit and severe monetary penalties.
Q: Can I create a custom shirt with my own artwork that includes someones trademark name but sell it as an inspired shirt?
Benton R Patterson III's answer
Possibly so. An attorney would need to review the design and the trademark registration to answer this questions.
Possibly so. An attorney would need to review the design and the trademark registration to answer this questions.
Q: We would like to register the name ECLIPSE for our point of sale system, in the USA initially and then in Africa.
Benton R Patterson III's answer
The first step is to have an attorney perform a trademark search to clear the mark. I recommend speaking with a trademark attorney.
The first step is to have an attorney perform a trademark search to clear the mark. I recommend speaking with a trademark attorney.
Q: We are bring sued by a DC firm with Heroes, Inc. Our non profit is Carroll County Heroes Foundation. Nowhere the same.
1 Answer
| Asked
in
Copyright, Products Liability, Business Formation and Trademark
for
Maryland
on
Answered on Apr 19, 2018
Answered on Apr 19, 2018
Mark Oakley's answer
Have they actually filed suit (in which case, you are being sued), or did they merely send a threatening letter? I doubt you are in actual legal jeopardy of losing the word, “Heroes”, from you company name or losing a damage suit in court. My guess is that they are trying to scare you into giving up the word. A lot more goes into tradename infringement than one word, unless it’s a unique brand name like “Google.” Have a lawyer respond with a letter that your use of the word is not an...
Have they actually filed suit (in which case, you are being sued), or did they merely send a threatening letter? I doubt you are in actual legal jeopardy of losing the word, “Heroes”, from you company name or losing a damage suit in court. My guess is that they are trying to scare you into giving up the word. A lot more goes into tradename infringement than one word, unless it’s a unique brand name like “Google.” Have a lawyer respond with a letter that your use of the word is not an...
Q: Is the Star trek logo/insignia trademarked
1 Answer
| Asked
in
Copyright, Intellectual Property and Trademark
for
Oregon
on
Answered on Apr 19, 2018
Answered on Apr 19, 2018
Mr. Michael O. Stevens' answer
Without searching, I would say that is almost guaranteed that it is. As to use, there are some uses that would be allowed under fair use.
Without searching, I would say that is almost guaranteed that it is. As to use, there are some uses that would be allowed under fair use.
Q: A company has trademark that is "The [other word here]. Is it ok to use that other word by itself (without 'the')?
Jason Brooks' answer
It depends on your intended use and the class(es) in which the other mark is registered. If there is no conflict with respect to the use (i.e. you are using the mark as an apparel company, and the other owner is using the mark as a landscape service, for example), then you are free to use and register the mark in your separate class. However, if the uses are the same, then the word "the" is not a protectable element of the mark and using the word without applying "the" would not protect your...
It depends on your intended use and the class(es) in which the other mark is registered. If there is no conflict with respect to the use (i.e. you are using the mark as an apparel company, and the other owner is using the mark as a landscape service, for example), then you are free to use and register the mark in your separate class. However, if the uses are the same, then the word "the" is not a protectable element of the mark and using the word without applying "the" would not protect your...
Q: When the business you own is an LLC - is the LLC required on all signage, logo's, etc.
1 Answer
| Asked
in
Copyright, Business Formation, Intellectual Property and Trademark
for
Kansas
on
Answered on Apr 17, 2018
Answered on Apr 17, 2018
Benton R Patterson III's answer
If you want to conduct business under anything other than the legal name of the business, you will need to register an assumed name, which is different than a trademark. You are not required to trademark any aspect of the business name or branding. Although it can be very beneficial to do so. The decision will come down to how you use the logo and/or slogan, how valuable that branding is to your business, and what other businesses do. I recommend speaking with a trademark attorney in a...
If you want to conduct business under anything other than the legal name of the business, you will need to register an assumed name, which is different than a trademark. You are not required to trademark any aspect of the business name or branding. Although it can be very beneficial to do so. The decision will come down to how you use the logo and/or slogan, how valuable that branding is to your business, and what other businesses do. I recommend speaking with a trademark attorney in a...
Q: Can I trademark a business name in CO that is already in use for same type of business in CA without a trademark?
Benton R Patterson III's answer
The other business would likely continue to have common law rights to the mark in California. Generally a senior user of a mark retains the right to use the mark in geographic locations where their business operates, even if a subsequent user registers the mark on the federal registry. Depending on the facts, it may still be worthwhile to register the mark at the federal or Colorado state level.
The other business would likely continue to have common law rights to the mark in California. Generally a senior user of a mark retains the right to use the mark in geographic locations where their business operates, even if a subsequent user registers the mark on the federal registry. Depending on the facts, it may still be worthwhile to register the mark at the federal or Colorado state level.
Q: Can I pick up an abandoned trademark?
Benton R Patterson III's answer
Trademark rights are acquired by using the mark. The fact that a trademark registration or application is abandoned does not mean that it is open for anyone to take. If the owner of the mark you are interested in no longer uses it, and you begin using it, you may be able to register the mark. An attorney would need to investigate the status of the trademark to know for sure.
Trademark rights are acquired by using the mark. The fact that a trademark registration or application is abandoned does not mean that it is open for anyone to take. If the owner of the mark you are interested in no longer uses it, and you begin using it, you may be able to register the mark. An attorney would need to investigate the status of the trademark to know for sure.
Q: Is it possible to get a trademark name in the USA if the same name is registered in some other country?
Benton R Patterson III's answer
Yes, you can register a trademark in the US even if that same mark is registered in another country.
Yes, you can register a trademark in the US even if that same mark is registered in another country.
Q: Can I get KHAS BAWARCHI as trademark in class 30 for my spice business
Jason Brooks' answer
Possibly. If you would like assistance searching for potentially conflicting marks and registering your proposed mark, email me at: Jason@altviewlawgroup.com
Possibly. If you would like assistance searching for potentially conflicting marks and registering your proposed mark, email me at: Jason@altviewlawgroup.com
Q: How long would it take to register a trademark for a new clothing company, and about how much will it cost me?
Jason Brooks' answer
The process takes anywhere from 6-8 months, approximately, from filing the trademark application to confirmation of registration in the National registry. Costs of filing with the USPTO are roughly $275, plus , if you hire an attorney or other third party service to do the registration for you, whatever services fees they charge.
If you'd like assistance in registering a trademark, you can email me at: jason@altviewlawgroup.com
The process takes anywhere from 6-8 months, approximately, from filing the trademark application to confirmation of registration in the National registry. Costs of filing with the USPTO are roughly $275, plus , if you hire an attorney or other third party service to do the registration for you, whatever services fees they charge.
If you'd like assistance in registering a trademark, you can email me at: jason@altviewlawgroup.com
Q: Dealing with an issue whether I'm able to use multiple song titles on a website that creates profit without song content
1 Answer
| Asked
in
Copyright, Entertainment / Sports and Trademark
for
North Carolina
on
Answered on Apr 13, 2018
Answered on Apr 13, 2018
Jason Brooks' answer
I’m inclined to say yes, but definitely would need more info regarding the intended use. Feel free to email me at: Jason@altviewlawgroup.com to discuss
I’m inclined to say yes, but definitely would need more info regarding the intended use. Feel free to email me at: Jason@altviewlawgroup.com to discuss
Q: "ALL GOOD THINGS ARE WILD AND FREE" is a famous quote from a book in the public domain. How can this be trademarked?
Jason Brooks' answer
Your question is too broad -- The answer depends on how you intend to use the quote. It's important to understand the basic premise that a trademark is "a word, name, symbol or device which is used in trade with goods or services to indicate the source of the goods or services and to distinguish them from the goods or services of others." So to trademark this quote, you'd need to use it an identifier of source of you or your business. For example, the phrase, "Just Do It" is a trademark of...
Your question is too broad -- The answer depends on how you intend to use the quote. It's important to understand the basic premise that a trademark is "a word, name, symbol or device which is used in trade with goods or services to indicate the source of the goods or services and to distinguish them from the goods or services of others." So to trademark this quote, you'd need to use it an identifier of source of you or your business. For example, the phrase, "Just Do It" is a trademark of...
Q: A guy whose photo I reblogged ,accidently deleting the credits,told me to either delete it or see him at the court.
Richard Sternberg's answer
It might be wise to retain counsel to find his snail mail address and write to him.
It might be wise to retain counsel to find his snail mail address and write to him.
Q: Is it possible to register an identical trademark name in the same class, for complete different products?
Benton R Patterson III's answer
Yes, it is possible for two different products to share the same trademark, even though both products fall under the same trademark class.
Yes, it is possible for two different products to share the same trademark, even though both products fall under the same trademark class.
Q: Can I use 'Bea Honeywell' as a stage name when there's a company called 'Honeywell'?
Michael Gerity's answer
A trademark provides protection for a name, logo, slogan, etc., as it is used in conjunction with the sale of particular products and/or services. It is quite possible to have multiple trademarks that are the same or similar coexisting in the market, as long as there is no reasonable likelihood of confusion between the two uses. One could argue that Honeywell's products are not likely to be confused with burlesque performances, so that a customer or potential customer is confused as to the...
A trademark provides protection for a name, logo, slogan, etc., as it is used in conjunction with the sale of particular products and/or services. It is quite possible to have multiple trademarks that are the same or similar coexisting in the market, as long as there is no reasonable likelihood of confusion between the two uses. One could argue that Honeywell's products are not likely to be confused with burlesque performances, so that a customer or potential customer is confused as to the...
Q: Can I be sued for making shirts of a cactus person? Someone claims to have a trademark for a similar character
Michael Gerity's answer
Understand that, in order to have viable trademark rights, either at the state or federal level, the user of a particular mark does not actually have to register their mark. This, then, makes it somewhat difficult for you to know the scope of any rights they may or may not have. If they actually have registered a mark (found either through the Arizona Secretary of State or the US Patent and Trademark Office), then at least you can see the specific appearance of what they registered and the...
Understand that, in order to have viable trademark rights, either at the state or federal level, the user of a particular mark does not actually have to register their mark. This, then, makes it somewhat difficult for you to know the scope of any rights they may or may not have. If they actually have registered a mark (found either through the Arizona Secretary of State or the US Patent and Trademark Office), then at least you can see the specific appearance of what they registered and the...
Q: Hi there, what is the process to change the owner of a current Trademark?
Michael Gerity's answer
In order to change the owner of an existing trademark, the usual process is to prepare an assignment agreement. The assignment agreement then has to be recorded with the US Patent and Trademark Office. However, be VERY careful when attempting to assign an active trademark. If you do not transfer the trademark with the foundations of the underlying business, you run a very high risk of invalidating the trademark completely due to what is called an "assignment in gross." I'd strongly...
In order to change the owner of an existing trademark, the usual process is to prepare an assignment agreement. The assignment agreement then has to be recorded with the US Patent and Trademark Office. However, be VERY careful when attempting to assign an active trademark. If you do not transfer the trademark with the foundations of the underlying business, you run a very high risk of invalidating the trademark completely due to what is called an "assignment in gross." I'd strongly...
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