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Arkansas Trademark Questions & Answers
2 Answers | Asked in Copyright, Trademark and Intellectual Property for Arkansas on
Q: What does it mean when the copyright or trademark has been abandoned. And if it means the person or entity no longer own

It can some one else take the rights for copyright or trademark. ? If nine of these then if the purpose or business isnt what the propritor has is it okay to use the name?

Fritz-Howard Raymond Clapp
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answered on Apr 10, 2024

The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Arkansas on
Q: What does it mean when the copyright or trademark has been abandoned. And if it means the person or entity no longer own

It can some one else take the rights for copyright or trademark. ? If nine of these then if the purpose or business isnt what the propritor has is it okay to use the name?

James L. Arrasmith
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answered on Apr 11, 2024

When a copyright or trademark has been abandoned, it generally means that the owner has stopped using or enforcing their rights to the intellectual property. This can happen due to various reasons, such as:

1. The owner deliberately abandons the copyright or trademark.

2. The owner...
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3 Answers | Asked in Trademark and Intellectual Property for Arkansas on
Q: If my old high school stopped using our mascot and never trademarked it, is it fair game that I could now Trademark it?

So we used to be Red Devils when I was in high school over 20 years ago. After I graduated in 97, a year or so afterwards, the school dropped the red devils and consolidated with a neighboring school to become cougars. Could I now have the opportunity and permission to trademark the devil logo they... View More

David Aldrich
David Aldrich
answered on Aug 1, 2023

If they never registered it, and you now want to use the mark, you can apply for your own trademark registration. If you are already using the mark, you can file a use application. If you are not yet using the mark, but you have a bona fide intent to do so, you can file an intent-to-use... View More

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3 Answers | Asked in Trademark and Intellectual Property for Arkansas on
Q: If my old high school stopped using our mascot and never trademarked it, is it fair game that I could now Trademark it?

So we used to be Red Devils when I was in high school over 20 years ago. After I graduated in 97, a year or so afterwards, the school dropped the red devils and consolidated with a neighboring school to become cougars. Could I now have the opportunity and permission to trademark the devil logo they... View More

Fritz-Howard Raymond Clapp
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answered on Aug 1, 2023

"Trademark" is a noun, not a verb. Trademarks may be REGISTERED (a verb).

Only a USER of a trademark may register it. The application to register a trademark requires submission of a specimen (proof) showing active use of the mark in commerce. The application may be granted only...
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3 Answers | Asked in Trademark and Intellectual Property for Arkansas on
Q: If my old high school stopped using our mascot and never trademarked it, is it fair game that I could now Trademark it?

So we used to be Red Devils when I was in high school over 20 years ago. After I graduated in 97, a year or so afterwards, the school dropped the red devils and consolidated with a neighboring school to become cougars. Could I now have the opportunity and permission to trademark the devil logo they... View More

James L. Arrasmith
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answered on Aug 6, 2023

If the mascot was never trademarked and has been abandoned by the school, it may be possible for you to trademark it, provided it meets the criteria for trademark protection and is used in commerce. It would be wise to conduct a thorough search to ensure that no conflicting marks exist, and that... View More

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2 Answers | Asked in Trademark and Intellectual Property for Arkansas on
Q: What does "Status: 710 - cancelled - section 8" mean on a trademark?

If a name is showing a trademark and then shows the above: "Status: 710 - cancelled - section 8"

Matthew Alexander Toporek
Matthew Alexander Toporek
answered on Jun 21, 2023

That code means that the trademark was cancelled due to failing to timely file the proper renewal paperwork. The first trademark renewal is due after the five year anniversary of the registration date, during that fifth year. The second renewal is due ten years after the registration date. Third... View More

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2 Answers | Asked in Trademark and Intellectual Property for Arkansas on
Q: What does "Status: 710 - cancelled - section 8" mean on a trademark?

If a name is showing a trademark and then shows the above: "Status: 710 - cancelled - section 8"

Evelyn Suero
Evelyn Suero
answered on Jun 22, 2023

For trademarks registered with the USPTO, the 710 cancelled - section 8 status means that the registration for this particular trademark has been can yelled due to failure to file required maintenance forms. This does not mean that the trademark in question is no longer being used by the owner or... View More

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2 Answers | Asked in Trademark for Arkansas on
Q: How to do I get a trademark that was already started but the examiner dropped the ball? "COVID" - great excuse!

We did everything asked from the government site. Replied to the examiner etc. This was during the "Covid ordeal" so no one ever got back with us. Great excuse. Then they just abandoned it as failure to respond even though we did. We still need to get this trademarked. I guess they just... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Mar 21, 2023

If it was abandoned your best bet is to refile. You should consult with an attorney and get a full understanding of your case and if your goals can be achieved.

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2 Answers | Asked in Copyright and Trademark for Arkansas on
Q: Can Warner Music take down my product listing?

I sell a shirt that says “My Chemical Imbalance” hand drawn in reference to the band, My Chemical Romance. I have looked at their trademark and as far as I can tell, they don’t have the proper trademark to take my listing down unless I am misunderstanding.

Robert Kost
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answered on Nov 24, 2021

You might want to consider: "MY CHEMICAL ROMANCE

Goods and Services IC 041. US 100 101 107. G & S: [ ENTERTAINMENT SERVICES IN THE NATURE OF LIVE MUSICAL PERFORMANCES; ] PROVIDING A WEBSITE FEATURING INFORMATION REGARDING [ LIVE PERFORMANCES AND ] MUSIC,...
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1 Answer | Asked in Trademark for Arkansas on
Q: Am I in my legal rights to make a shirt and website using Bentonchill, I do not own the trademark
Robyn T. Williams
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answered on Feb 10, 2020

Before you make a shirt and website using any name you should have an IP attorney conduct a clearance search to inform you of the availability of the trademark. The clearance search will locate trademarks that may be problematic for you. It is best to have a clearance search conducted before you... View More

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