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Georgia Trademark Questions & Answers
2 Answers | Asked in Business Law, Trademark and Intellectual Property for Georgia on
Q: the title of my business is the same as another well established company’s product

how to find whether it’s the phrase, or actual product itself that’s trademarked, copyrighted, and/or patented

Evelyn Suero
Evelyn Suero answered on Oct 19, 2020

The USPTO may be searched to find federally registered trademarks. Trademarks may also be registered in individual states. However, it is important to remember that even unregistered trademarks have common law rights against infringement. If a trademark is confusingly similar to another... Read more »

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1 Answer | Asked in Trademark for Georgia on
Q: Can I trademark/ use this name?

I have registered a business name this year of 2020. however after checking the USPTO site a company in Rhode Island uses the word Borvani in their business name "House of Borvani". It went dead in 1982. I sale cosmetic and beauty they sale jewelry. from my understanding common law only... Read more »

Timothy John Billick
Timothy John Billick answered on Sep 23, 2020

This is a complicated question and you should reach out to a trademark attorney to give you a full and complete response.

The short answer is that it depends on how "House of Borvani" is being used. It's possible it's limited to only one state, but common law trademark...
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1 Answer | Asked in Copyright, Internet Law and Trademark for Georgia on
Q: I found a sticker for sale online. Is it against copyright laws to use the design on my own product that I'll sell?

The seller sells a bunch of stickers online. There is one particular sticker design I love that I want to print on a face mask with my own quote along with it. The sticker doesn't have the (C) on it and her website doesn't have any info about copyrights or trademark. Will I get in trouble... Read more »

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

The artwork in the sticker belongs to the artist even if it doesn't have the copyright symbol on the sticker. The better plan of action is to reach out to the seller and see if they own the rights to the artwork or know who does. Feel free to call or email me if I can be of further assistance.

3 Answers | Asked in Trademark for Georgia on
Q: What would I have to do to reinstate my trademark after it has been cancelled (Sec.8)?
Tania Maria Williams
Tania Maria Williams answered on Jul 16, 2020

Depending on the reason for cancellation and time since it's been cancelled, you may have to file a new application. Feel free to call or email me if I can assist.

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1 Answer | Asked in Copyright and Trademark for Georgia on
Q: When looking at my trademark online is states 606-Abandoned-No statement of use filed. How do I get this active again
James D. Williams
James D. Williams answered on Jul 9, 2020

Unfortunately there is a very limited window to revive your trademark application, once abandoned. You would have to sign a statement that letting the application become abandoned was unintentional, pay a $100 filing fee, and then address whatever the problem was that led to the application... Read more »

1 Answer | Asked in Trademark for Georgia on
Q: How would i go about renewing a trademark that has been abandoned? it belonged to a friend that has recently passed
William Scott Goldman
William Scott Goldman answered on Jul 2, 2020

Well, first off: sorry for your loss. If it's a federal registration that has been abandoned, there could be a 'grace period' for revival. But unless you were in business together, claiming continuous use in commerce could be difficult, unless there's excusable non use. If... Read more »

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Georgia on
Q: Question regarding copyright and trademark want to make sure before starting a business

I am looking to start a business with with State outline logos for hats, shirts and jackets similar to the Masters, but it will be individual states such as Georgia, Alabama, Texas etc...not the outline of the United States I want to make sure I am not or will not enter any legal issues moving... Read more »

Tania Maria Williams
Tania Maria Williams answered on May 1, 2020

The geographic boundary of a state is not protected, but you have to make sure that your design doesn't infringe on someone else's. I would contact a trademark attorney to discuss the word mark or design mark (logo) that you intend on using to be able to get more tailored advice. Feel... Read more »

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1 Answer | Asked in Copyright, Entertainment / Sports and Trademark for Georgia on
Q: If my file failed because of abandonment how can I reopen it?
Tania Maria Williams
Tania Maria Williams answered on Feb 3, 2020

There are various reasons that a file will be considered abandoned by the USPTO. If the file is considered abandoned for failure to respond to an Office Action or to file the Statement of Use, an applicant may be able to file a Petition to Revive the application. However, the petition must be... Read more »

2 Answers | Asked in Family Law and Trademark for Georgia on
Q: Fathers legal rights were taken away do I still need to have consent to change my daughter's last name?

My divorce was final 4 years ago after my ex husbands arrest. In my divorce decree his rights were taken away and no contact with put in order. he was convicted and sentenced to 30 years in prison. I did not Want my last name different than my daughter's, now she is 13 and would like to... Read more »

Ellaretha Coleman
Ellaretha Coleman answered on Dec 11, 2019

We would need to review the language in your divorce decree to determine whether you would need his consent to change the name. I would recommend you schedule a consultation with an experienced family law attorney to discuss your specific situation.

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1 Answer | Asked in Business Formation, Intellectual Property and Trademark for Georgia on
Q: Someone stole my business name. What can I do?

I've had an online clothing company for over 7 years and just found out that someone else (in my city) recently started a soap company using my exact same business name. They are also selling their products on the online platform that my clothes are very popular on. Can I do anything to... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Dec 8, 2019

Hire an attorney to review the alleged infringement and if you are correct send out a C&D letter. If that doesn't work then you sue them for infringement.

1 Answer | Asked in Trademark for Georgia on
Q: How do I get the trademark TBO farms active again

My girlfriends uncle is the one who tried to set it up and he isn’t very good with technology and now I’m up at the farm working and need to get this figured out

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 6, 2019

you should work with an attorney to make sure you can get the mark.

if it has been while since it expired, most likely you need to file again, start from zero. and hope nobody took it from you.

are you in georgia?

www.legalbizglobal.com

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Georgia on
Q: Hello, If I see a trademark name has expired and not been renewed, can I claim that ?

See information on Durysta

Jason Brooks
Jason Brooks answered on Jul 31, 2019

Technically, yes -- but you have to understand that "claiming" the mark is not the correct description -- you have the right to prepare and file a new registration application with the USPTO and go through the entire registration process for the mark you'd like to claim. This process... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Georgia on
Q: If the trademark is abandoned does that mean someone could still use the name
John Martin Hilla
John Martin Hilla answered on Jun 24, 2019

Abandonment of a trademark or a trademark application does not necessarily mean that the name is not in use in commerce. It simply means that that particular application or registration has been abandoned.

Before proceeding to attempt to register the same trademark, you should consult with...
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1 Answer | Asked in Copyright, Business Law and Trademark for Georgia on
Q: What's does domestic profit corporation mean?
Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 5, 2019

It means a corporation organized and doing business in the state for profit. A foreign corporation is a company that is organized in another state, but doing business in another state. For example, a corporation organized in Delaware, that is doing business in Georgia, must register as a foreign... Read more »

2 Answers | Asked in Trademark for Georgia on
Q: I already registered my trademark now what do i need to do and do I need a lawyer?
Ahaji Kirk Amos
Ahaji Kirk Amos answered on Mar 24, 2019

You are required to police your trademark. This means that you have a legal obligation to stop others from doing anything that would dilute your trademark and stop any confusingly similar uses. Failure to do so could inhibit your ability to enforce your trademark in the future.

I provide...
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1 Answer | Asked in Copyright and Trademark for Georgia on
Q: I want to know if this site is legit. https://www.zpublishinghouse.com/pages/about-us

Hello, my name is Thomas Shipman. I am a writer and have a blog in where I post my poems and stories. I recently was contacted by a recruiter from this website: https://www.zpublishinghouse.com/pages/about-us

In where they asked if I wanted to submit my poems for potential entry into their... Read more »

Jason Brooks
Jason Brooks answered on May 31, 2018

The website appears to be legitimate, but to further protect your content, I'd register each one for copyright protection with the US Copyright office here: https://eco.copyright.gov/eService_enu/start.swe?SWECmd=Start&SWEHo=eco.copyright.gov

You don't need to indicate a...
Read more »

1 Answer | Asked in Copyright, Gaming, Intellectual Property and Trademark for Georgia on
Q: How would I go about obtaining the copyright to an old abandoned game?

The trademark was abandoned by Microsoft in 2015, and the company that developed the game, Artoon went defunct in 2010.

And further more about how much would it cost to purchase something like that?

Jason Brooks
Jason Brooks answered on May 14, 2018

Copyright is an asset just like physical possessions. If the company is in fact out of business, their assets went somewhere (and now belong to someone, such as the original owner's heirs, or another entity or individual) following the company's dissolution. Therefore you still must have... Read more »

2 Answers | Asked in Trademark for Georgia on
Q: My trademark is labeled “dead” how to I make it active again?
Benton R Patterson III
Benton R Patterson III answered on May 7, 2018

You will likely need to start over with a new application. Although, it may be possible to revive the trademark if it recently expired.

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1 Answer | Asked in Intellectual Property and Trademark for Georgia on
Q: What do I need to do when my trademark is in abandoned status?
Benton R Patterson III
Benton R Patterson III answered on Feb 20, 2018

An attorney would need to know the circumstances under which it became abandoned and how long ago it became abandoned to determine if it can be revived. Most likely, you will need to start over with a new application and a new filing fee.

1 Answer | Asked in Copyright, Trademark and Consumer Law for Georgia on
Q: I would like to purchase keychains online, and resell them in a store. Is this okay if they have a trademark?

The key chains are all trademarked or copyrighted by companies like Marvel, DC, or other entertainment businesses.

Benton R Patterson III
Benton R Patterson III answered on Dec 26, 2017

Yes, you are free to resell what you lawfully purchase.

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