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Colorado Trademark Questions & Answers
2 Answers | Asked in Copyright and Trademark for Colorado on
Q: Need to know if I am allowed to us an alias name for a musical artist career.

The name I will be using is “Digitone”. Needing to make sure this doesn’t compete with trademarks under the name that are already in use. As I will not be making products that compete with these said companies that currently hold the trademarked name which seem to be around 5+ companies.

Kevin Michael Strait
Kevin Michael Strait answered on Jan 20, 2022

Yes, you can use a stage name that is a word or phrase that already exists in another line of business. Trademarks and, more generally, the words and phrases you use to distinguish your performances, are subject to a broad legal test that focuses on likelihood of confusion. The confusion in... Read more »

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2 Answers | Asked in Copyright and Trademark for Colorado on
Q: How do I get my trademark up to date

No pity self inflicted

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp answered on Jan 10, 2022

The application (serial number 86066606) to register NO PITY SELF INFLICTED was abandoned in 2014, for failure to respond to an action from the trademark examiner. It cannot be revived. If you still want to use and register the mark as before, you should consult an experienced trademark attorney... Read more »

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1 Answer | Asked in Copyright and Trademark for Colorado on
Q: Hello, is the story of Kong in the public domain? I have heard King Kong and Kong are separate entities can anyone help?

I am an author and I have been considering creating a story based on Kong, using all of the Kong properties such as the character of Kong himself, skull island, and the things related to the original 1933 story. From what I understand Universal Studios own the rights to the character King Kong, but... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 15, 2021

Interesting question. You need to consult with an attorney to evaluate your options.

It is possible that parts of the story are now or soon in public domain. BUT you need to be careful on what you use. Just because something is in the public domain, if you copy somebody's else...
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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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1 Answer | Asked in Trademark for Colorado on
Q: I am working on writing a book. I like the title The Woodsman. Can I use that if it is trademarked by Gunhide Properties
Linda Liang
Linda Liang answered on May 19, 2021

Trademark provides legal protection of brand of product and service. Book title is not a brand. I do not think using someone's trademark as book title constitute infringement of trademark.

1 Answer | Asked in Trademark for Colorado on
Q: Does the "Spikeball" trademark held by Kankakee Spikeball restrict use of words Spike Ball on shirt designs?
Evelyn Suero
Evelyn Suero answered on Feb 8, 2021

Ability to legally use a trademark depends on many factors. If a trademark is registered and being used in a class/category that is similar or related to your proposed class/category, then that trademark could prevent your trademark from being registered. Additionally, using the trademark could... Read more »

4 Answers | Asked in Trademark for Colorado on
Q: Can you Trademark a online business name, that sells used items along with new items,
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 15, 2020

The Word, Symbol or Device you use to identify your business is a trademark. A trademark can be used as a common-law mark, registered in a state and, if interstate commerce is intended the mark can be registered with the Federal Trademark Office.

The Mark cannot be similar in sight of...
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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Colorado on
Q: I am designing shoes and named one pair Kill Bill. Could I get in trouble for trademark infringement?

It would be helpful if you could guide me to some resources to prevent copyright/trademark infringement with my designs and names for shoes.

John B. Hudak
John B. Hudak answered on Jun 10, 2020

When doing research about trademarks and copyrights look at and

You can search for trademarks on TESS. Your trademark search should include more than TESS.

Consider hiring an intellectual property attorney to do a full analysis of the facts specific to...
Read more »

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1 Answer | Asked in Trademark for Colorado on
Q: Where on the Trademark Details does it show an Active trademark?
Evelyn Suero
Evelyn Suero answered on Jun 1, 2020

If you are referring to the active status of a federal trademark registration, you can conduct a trademark search using TESS on the USPTO website and the results will indicate which marks have "active registrations". However, you should note that unregistered trademarks in use and/or... Read more »

2 Answers | Asked in Trademark for Colorado on
Q: I am trademarking my business name: SpecificNameX Training.

If in the future I'd like to add a component to the business & TM a new name (similar but with a new word at the end) SpecificNameX Studios, will I be able to?

Bill Hulsey
Bill Hulsey answered on May 16, 2020

Probably. Consider establishing a family of marks.

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1 Answer | Asked in Trademark for Colorado on
Q: Question about expired trademark

I have actively been using my business name since 2007. I first registered my trademark in 2009 and then renewed it (via Justia) in December 2014. I thought that I did not have to renew again for 10 years (in 2024) but just learned that it had been cancelled in August 2019. Apparently they... Read more »

Robyn T. Williams
Robyn T. Williams answered on Feb 16, 2020

Unfortunately, the grace period to file the statement of use and renewal has passed. If you have continued to use the mark in commerce then you have not lost your common law trademark rights. Cancellation of a federal registration does not prohibit you from using the mark, it changes the remedies... Read more »

2 Answers | Asked in Trademark for Colorado on
Q: HI, Selling on Ebay if the name THE NORTH FACE is a trademark violation can you just use North Face?

I sell on Ebay and I just got a letter from a law firm saying using "The North Face" is a trademark violation can I just use "North Face" without the "The". They are saying if I don't remove all my listings they may take legal action. My understanding is when I... Read more »

Joanne Belasco
Joanne Belasco answered on May 7, 2019

It depends what your product is and if it will cause confusion in the marketplace with the trademark registered by The North Face. Each trademark is attached to a good or service. If your good or service is the same or similar to the good or service trademarked by The North Face, then you may have... Read more »

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2 Answers | Asked in Patents (Intellectual Property) and Trademark for Colorado on
Q: How much does an application for a patent and trademark for an industrial process cost.

This question is based on a fake model part of an educational module. Due to the limited resources available to obtain such information, I am looking for rough estimates of the costs I should expect. Since the model is not realistic many factors are excluded.

Peter D. Mlynek
Peter D. Mlynek answered on Apr 14, 2019

A patent costs around $20,000. It could be as little as $10,000, or as much as $40,000 or more.

A trademark will cost about around $800 to $1500 to get.

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1 Answer | Asked in Patents (Intellectual Property) and Trademark for Colorado on
Q: I'm starting outdoor business. I'm ordering knives, military backpacks, etc, from vendors in China. Patent issues??

I'm worried about current patents and if I'm putting myself in jeopardy by offering these products?

Kevin E. Flynn
Kevin E. Flynn answered on Mar 25, 2019

It is possible that by selling products made off-shore that you may be infringing a US patent claim that is from an unexpired US patent. A US patent can be used to prohibit someone from making, using, selling, or offering to sell a product that is covered by one or more patent claims of an... Read more »

1 Answer | Asked in Trademark for Colorado on
Q: I need to get 2 trademarks transferred. We purchased a company and we need them transferred to use.

Just need to Trademarks transferred

Jason Brooks
Jason Brooks answered on Mar 8, 2019

This is a simple process if you know what you're doing. It's important that any assignment agreement assigns the rights to not just the trademark, but all goodwill associated with the mark as well, which is language that would be drafted into the applicable assignment agreements. If you... Read more »

2 Answers | Asked in Trademark and Intellectual Property for Colorado on
Q: Is it possible to get approval for use of Denver Broncos logo for apparel?

I'm interested in starting a clothing store and would like to know if it is possible to get permission to use professional sports teams logos and if to go about doing that.

Ashley Dean Powell
Ashley Dean Powell answered on Nov 13, 2018

It is technically possible, though very difficult. Last I checked (I once had a hat idea that all my friends told me was dumb), the apparel (and hats) categories of licenses were essentially considered "closed" in that the NFL was not interested in talking to new potential licensees.... Read more »

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1 Answer | Asked in Trademark for Colorado on
Q: Can I trademark a business name in CO that is already in use for same type of business in CA without a trademark?

Want a federal trademark for a Colorado based business (local and online sales), but the same name is in use in California by another business (same type of product, just not trademarked). We could ship online orders to California based customers, and are concerned about lawsuits based on Common... Read more »

Benton R Patterson III
Benton R Patterson III answered on Apr 17, 2018

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... Read more »

1 Answer | Asked in Trademark and Copyright for Colorado on
Q: I'd like to reuse my published freelance articles for another site. Can I do that or is it plagiarism?

I started writing freelance for a company that paid $50/article through paypal. However, I never signed any contract stating copyright laws or even a contract saying they would continue to pay me. It was all through email and phone calls. Because I didn't sign a contract, I'd like to... Read more »

Benton R Patterson III
Benton R Patterson III answered on Jan 12, 2018

If you truly have no agreement with them covering the terms of your work, its fine to use your articles for different purposes. Before selling the articles, be sure that there are no terms restricting your rights. There may be a terms of use page or online agreement that you agreed to by... Read more »

1 Answer | Asked in Trademark for Colorado on
Q: I want to trademark my service called Coaching on the Go. But there is a trademark for Coach on the Go.

We are both business coaches but mine would be focused on leadership and sales while the others is entrepreneurship. Would this be considered likelihood of confusion?

Benton R Patterson III
Benton R Patterson III answered on Sep 27, 2017

Your proposed trademark is probably too similar to register in light of Coach on the Go. The services are very similar and only a single letter distinguishes the two trademarks. There are other facts that may be relevant though, such as the validity of the other mark and the date on which you... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Colorado on
Q: If the word "vetrepreneur" for veteran entrepreneur is trademarked. Can I trademark "vetrepreneurlife"?
Benton R Patterson III
Benton R Patterson III answered on Sep 8, 2017

An attorney would have to know more about the existing mark, your proposed and historical use, and the registration of the first mark to answer this question. Assuming the marks are for the same goods or services, the first mark is valid, and the other mark was used first, you probably cannot... Read more »

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