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Kansas Trademark Questions & Answers
1 Answer | Asked in Trademark for Kansas on
Q: I want to sell handmade goods such as jewelry, clothes, art, etc. under my brand. What class do I choose to trademark?

All of my goods would be handmade by me but the goods vary from handmade clothing, paintings, and jewelry. I am curious if there is a class that covers these as a whole? I would like to pay as less as possible because I understand each class is $350. I would be selling all of these handmade... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 12, 2023

Jewelry is in International Class 014, apparel is in IC 025, and art/paintings is in IC 016. If the application is filed using TEAS Plus, the filing fee is $250 per class. TEAS Plus applications have a lower fee but more requirements than TEAS Standard, explained here:... View More

1 Answer | Asked in Intellectual Property and Trademark for Kansas on
Q: I am starting a clothing line for my brand that covers Kansas City Chiefs news. Can I use logos, player names, etc?

Will I run into any legal trouble if I use the Chiefs logo, specific player names, past logos, or such on my clothing? A better way to say it is what can't I include and what can I include. Thank you.

Erik Špila
Erik Špila
answered on Nov 30, 2022

The answer/answers to your question/questions depend on various further details that must be presented from your side first so the advice can be given based on all relevant case information.

What I can definitely say, from the point of view of intellectual property law and trademark law, it...
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1 Answer | Asked in Trademark for Kansas on
Q: Renew canceled trademark Serial #74243639 Reg # 1841315. What would that cost?

Can I preform myself?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 12, 2022

That registration for the mark DOGTAGS used for trading cards was cancelled in 2005, for failure to file the required statement of continuing use, and cannot be revived or renewed.

You could file a new application to register the mark and include the reference to the prior registration, but...
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4 Answers | Asked in Copyright, Business Formation and Trademark for Kansas on
Q: Do I need to trademark my brand and logo

I am starting a clothing and accessory brand and am curious on how/if I need to trademark my brand name and logo

Michael Ray Smith
PREMIUM
Michael Ray Smith
answered on Jun 9, 2022

Note: I'm a business attorney, not a trademark attorney. Here is generally what I tell people starting up a new business or entering into a new line of business that involves trademarks.

When you ask if you need to "trademark" your brand name and logo, what you are really...
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2 Answers | Asked in Intellectual Property and Trademark for Kansas on
Q: When I consult with an attorney that specializes in patents, trademarks, etc . Do I need to protect my idea in advance?

I have rough prototype for an invention , i’ve done a rough patent search. I just want to protect my idea as best as possible. And maybe advice on my next steps .

Kathryn Perales
Kathryn Perales
answered on Feb 24, 2021

Every licensed attorney has a legal and ethical duty to keep confidential everything you disclose, unless they let you know in advance that they may have a conflict of interest. Many people consider this to be sufficient to protect your interests. You can also ask the attorney to sign a... View More

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1 Answer | Asked in Trademark for Kansas on
Q: Is this trademark still owned

I have came with that name for a total opposite of this trademark can I still use it and copy right a different area of this brand

Benjamin Charles Korray
Benjamin Charles Korray
answered on Jan 16, 2021

Hi, trademarking a brand is a two step process. First, you’ll need to do a clearance search to ensure that the name is available. Then, if the name is available, you can file for protection via a trademark application on the federal level with the USPTO (US Patent and Trademark Office). If you... View More

1 Answer | Asked in Trademark for Kansas on
Q: I am creating the new tag line Client Focused. Results Driven. I found a trademark. Can I use it as I have written?
William Scott Goldman
William Scott Goldman
answered on Jul 8, 2020

Well, if you already conducted a search on the USPTO database and found something in conflict, you'll need to determine whether it's a pending application that may have encountered an initial refusal or if it's a registered trademark, and if it's the latter, you should check... View More

2 Answers | Asked in Trademark for Kansas on
Q: Can you sell something trademarked in a different good and service listed?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Oct 25, 2019

It happens all the time

you need to do a serious analysis to make sure you are not stepping on anybody's rights

marcos.e.garciaacosta@gmail.com

www.legalbizglobal.com

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1 Answer | Asked in Trademark for Kansas on
Q: In a federal court if your business is LLC'd does that protect your personal assets? Do you need a separate attorney to

represent you personally?

Ahaji Kirk Amos
Ahaji Kirk Amos
answered on Jul 1, 2019

If the LLC is structured properly and the business is run in accordance with that structure, then yes. However, most lay business owners do not structure the LLC properly and do not run the business in a manner that allows the LLC to shield its owners from liability. You may schedule a free intro... View More

1 Answer | Asked in Trademark for Kansas on
Q: What assets have to be surrendered if you have a trademark infringement against you personally in federal court?

If you have LLC'd your company can a federal court take your personal assets?

John Martin Hilla
John Martin Hilla
answered on Jul 1, 2019

This is too broad a question to be answered without specific details.

A short and generalized response is that, first, it isn't the "federal court" that would take your assets but your judgment creditor and only by way of execution of their judgment via a replevin action...
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1 Answer | Asked in Copyright and Trademark for Kansas on
Q: This area isn't even remotely large enough for my question refer to more details section below please.

I am from Kansas. I am going to start a citizen journalism youtube channel. Do I need to copyright or trademark the name 'The Citizen journalist'. I was told that if commerce happened under the name that it is auto trademarked to me, is this true? If commerce under the name does lock... View More

John Espinosa
John Espinosa
answered on May 22, 2018

You are talking about the difference between a common law trademark and a registered trademark. Different things with different rights and requirements. Here is a helpful resource: https://www.upcounsel.com/common-law-trademark

1 Answer | Asked in Copyright, Business Formation, Intellectual Property and Trademark for Kansas on
Q: When the business you own is an LLC - is the LLC required on all signage, logo's, etc.

I'm changing the name of my business. I want to know what should be trademarked, included on all advertizing, logo's, and signage. Is it okay for the business to legally have one name, registered with the State of Missouri and still have a logo that identifies the business by another... View More

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

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.... View More

1 Answer | Asked in Trademark for Kansas on
Q: Greetings. How do I go about contesting a trademark that is under review? Also, how do I go about placing a trademark?
Benton R Patterson III
Benton R Patterson III
answered on Jan 29, 2018

To contest a trademark, you need to retain and attorney to file either file a opposition or cancellation proceeding, depending on the status of the registration. I am unsure what you mean by "placing a trademark."

1 Answer | Asked in Trademark for Kansas on
Q: I'm starting a business named EVRNU. Found it is trademarked - 86434444. Can I still use it in any capacity?
Griffin Klema
Griffin Klema
answered on Dec 12, 2017

This needs to be assessed privately by a lawyer. You don't want the answer in a public forum like this. Plus it requires some analysis of your business, and the existing trademark registration to provide you with the answer you are seeking. I recommend you hire an intellectual property lawyer... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Kansas on
Q: If a symbol is trademarked for clothing, can the owner sue a copycat if it they use the symbol on a household item?
Griffin Klema
Griffin Klema
answered on Sep 17, 2017

Short answer: Maybe.

Long answer: It depends on whether the two goods are so related as to potentially cause consumer confusion (which is a core issue in trademark law). The other thing that must be evaluated is whether the crossover from clothing to "a household good" is within...
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