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Kansas Trademark Questions & Answers
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... Read 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... Read 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... Read 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

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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... Read 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... Read 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:

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... Read 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.... Read 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... Read 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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