Lawyers, Answer Questions  & Get Points Log In
Indiana Trademark Questions & Answers
2 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: Is naming something the Hoosier Thunder Series a Trademark violation since Hoosier is Trademarked. Hoosier means Indiana

We are wanting to start a sprint car series and want it to be the Hoosier Thunder Sprint car series with Hoosier implying Indiana. Is this allowed?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 27, 2023

The use of "Hoosier" in a title might lead to potential trademark issues if there's an existing trademark associated with that term, especially within a similar industry or context. "Hoosier" is trademarked, and while it is a term synonymous with Indiana, the use of a... View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: Is naming something the Hoosier Thunder Series a Trademark violation since Hoosier is Trademarked. Hoosier means Indiana

We are wanting to start a sprint car series and want it to be the Hoosier Thunder Sprint car series with Hoosier implying Indiana. Is this allowed?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2023

While "Hoosier" is commonly associated with Indiana residents, its use in a trademark context will depend on the specific goods or services associated with the mark. If another entity has a trademark on "Hoosier" for similar goods or services, there could be a likelihood of... View More

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: Research on this site shows the word mark HEAVEN ON EARTH trademark abandoned in 2018. How should go about verifying?
Felicia Altman
Felicia Altman
answered on Sep 26, 2023

A mark can be registered in various classes of goods and services. In order to review if a mark you are interested in is registered you must search the USPTO in connection with the particular goods and services you are looking to use the mark in connection with. A mark could be abandoned in one... View More

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: Research on this site shows the word mark HEAVEN ON EARTH trademark abandoned in 2018. How should go about verifying?
David Aldrich
David Aldrich
answered on Sep 25, 2023

There are numerous HEAVEN ON EARTH trademark registrations that have been abandoned. There are also numerous HEAVEN ON EARTH trademark registrations/applications that are live. Each trademark is registered in one or more "classes" (categories of good services). If you are looking to... View More

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: Research on this site shows the word mark HEAVEN ON EARTH trademark abandoned in 2018. How should go about verifying?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2023

To verify the abandonment of the "HEAVEN ON EARTH" trademark, you can conduct a search on the United States Patent and Trademark Office (USPTO) website or use a reputable trademark search database. Look for the specific trademark registration number and check its status to confirm whether... View More

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Indiana on
Q: can you patent ballon words and phrases on your specialty ballons
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 2, 2023

if you have a unique and novel method of using words or phrases on specialty balloons that involves a technical process or innovation, you may be able to seek patent protection for that specific process or invention. It's essential to consult with a qualified patent attorney who can evaluate... View More

View More Answers

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Indiana on
Q: can you patent ballon words and phrases on your specialty ballons
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2023

Certainly, it's an intriguing concept to patent specific words or phrases used on specialty balloons. Under federal law, patents typically cover inventions or discoveries, such as new processes or products, not words or short phrases. However, you may be able to protect unique words or phrases... View More

View More Answers

2 Answers | Asked in Business Formation, Business Law, Trademark and Intellectual Property for Indiana on
Q: Can someone make their YouTube series the same name as my company/domain name?

I own my company, website, and domain name “ask a backpacker” someone on you tube have a series with the same name. Isn’t that illegal?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 6, 2023

If you own the company, website, and domain name "Ask a Backpacker," you may have common law trademark rights to the name. If someone on YouTube is using the same name for a series in a way that causes confusion or may dilute your brand, it could potentially be considered trademark... View More

View More Answers

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Indiana on
Q: If i own a home in the sandestin resort and rent it out by owner, can I use the name sandestin in my groups, ads etc?

For example: A private facebook group named Sandestin Book Direct with Owner

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2023

It's not recommended to use the name of a resort or company in the name of your private Facebook group or ads without their permission as it could potentially infringe on their trademark. It's best to check with the resort or company to see if they allow the use of their name in such a... View More

1 Answer | Asked in Trademark for Indiana on
Q: Does a trademark cover every iteration of the symbol/character?.

My logo is the outline of a character I created, so can any artistic interpretation of the character I create, be covered under the same trademark?

David Aldrich
David Aldrich
answered on Feb 8, 2023

Generally, no. When you trademark a logo, the coverage is limited to that particular design and designs that are “confusingly similar” to that design. The devil is in the details. Your trademark registration will not provide protection again “every” iteration of the character. But it will... View More

1 Answer | Asked in Trademark for Indiana on
Q: I just trademarked my business name and I recived a cease and dissise letter tell us to change our name.

Their name isn't I just trademarked my business name and I recived a cease and dissise letter tell us to change our name or we will get sued. Our name is back to Eden Herb Shop and their name is Eden food. They are not trademarked. Is this trademark Infringement? Can they sue us

Erik Špila
Erik Špila
answered on Aug 31, 2022

Dear Mr or Mrs,

at first I would like to say - this situation is quite common and it surely has its solution, so you do not need to panic or be stressed about that.

In modern world you can basically sue anyone for anything, however, your success rate depends not only on good...
View More

2 Answers | Asked in Tax Law, Business Formation, Business Law and Trademark for Indiana on
Q: Does an online apparel brand, w booth at local fairs need to register as a retail merchant? Or just add sales tax?

It will be sourced through print on demand, so I will not personally be fulfilling the orders, except at the occasional booth set up at a local fair/farmers market. The sales goal is greater than the threshold for collecting tax. It is a sole proprietorship. A trademark application will be... View More

Michael Ray Smith
PREMIUM
Michael Ray Smith
answered on Feb 2, 2022

Kudos for thinking about sales tax.

The business (whether a sole proprietor, LLC, corporation, however the business is organized and operated) needs to obtain a Registered Retail Merchant's Certificate to collect and remit sales tax. You will first need a tax ID for the business. If...
View More

View More Answers

1 Answer | Asked in Business Formation and Trademark for Indiana on
Q: Hi I want to use a fish in my logo for a christian clothing site can I be sued by christian mile or anything like that
London  Davenport Tessener
London Davenport Tessener
answered on Dec 21, 2021

You should hire a trademark attorney to assist you with a trademark search and filing the application for your mark.

3 Answers | Asked in Trademark for Indiana on
Q: I'm trying to get in touch with a Thomas young he handled my trademark a few years ago and I can't figure out which comp

Which company did my trademark?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 14, 2021

You can consult with an attorney and search for your trademark in the system

View More Answers

1 Answer | Asked in Trademark for Indiana on
Q: hey are pogs still trademarked. like the milk caps
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 26, 2020

Not familiar with pogs.

But it will depend on what the use is.

Consult with an attorney for a search and analysis.

1 Answer | Asked in Intellectual Property and Trademark for Indiana on
Q: How can I contest a trademark claim in which someone is claiming rights to my name and art?

The person who filed an LLC and trademark with indiana is acting in bad faith. I never gave them permission and she is claiming to have rights to "all" my art work. In the legal forms it reads "jane doe owns all rights to art by john doe" I never gave her rights I haven't... View More

Floyd Edwin Ivey
Floyd Edwin Ivey
answered on Oct 16, 2020

This is a contract and interference with business matter and is largely factual in nature. Your cost benefit analysis will guide you in ignoring the party or in getting an attorney to assist you in terminating her complaints. See an attorney who can assist in court in the county where she resides.

2 Answers | Asked in Copyright and Trademark for Indiana on
Q: In 2010 I coined the name ColdArted. I recently discovered someone in Illinois trademarked the same name. What can I do?

In 2010 I coined the name ColdArted (Cold-Arted Creations, ColdArted.webs.com). I started signing my artwork in 2010 with that name. In 2011 I established a Google account with the same name. In 2014 cold-arted creations became a limited liability corporation. That was in the state of Indiana.... View More

John Brendan Riordan
John Brendan Riordan
answered on Jul 23, 2020

There is potentially something you can do. First of all, are you sure that the company you found on google has officially received trademark registration? If not, it would be worth having an attorney conduct a thorough USPTO trademark search for you to see if they have or if they have applied to do... View More

View More Answers

1 Answer | Asked in Trademark for Indiana on
Q: I want to start a blog and write a book called "Finally Legally Blonde." Legally Blonde is trademarked--can I use it?

I want to trademark the phrase for a blog and book called "Finally Legally Blonde". No one owns the trademark for finally legally blonde though there are several related to the movies Legally Blonde and then salons playing on it too. Can I use finally legally blonde?

Evelyn Suero
Evelyn Suero
answered on Jul 7, 2020

It depends on whether there is a likelihood of confusion between your trademark and the similar trademark. Generally speaking, adding an adverb to the beginning of a trademark in a related class of good or services is usually not enough to overcome the likelihood of confusion among consumers.

1 Answer | Asked in Trademark for Indiana on
Q: How can the term girl dad be trademarked so it can’t be used on anything?
John B. Hudak
John B. Hudak
answered on Jun 23, 2020

Trademark rights are gained by using a mark associated with a good or service. If you start using any mark (word, phrase, symbol) to indicate the source, the mark will have common law trademark rights. If the mark is registered with the federal government and approved then there are greater... View More

1 Answer | Asked in Copyright, Communications Law and Trademark for Indiana on
Q: I took a picture of our Sony camera to use on our website. Do I need permission to use this?

It is an original photo that I took to use as a header on our church website and the name, "Sony" is in view on the side of the camera

Karima Gulick
Karima Gulick
answered on Aug 20, 2019

You don't need permission to use your own photo. However, depending on what your website is about, it would be best to avoid displaying someone else's trademark.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.