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Maryland Trademark Questions & Answers
3 Answers | Asked in Trademark for Maryland on
Q: If the status code is stating “abandoned” does that mean it’s available for use again?
William Scott Goldman
William Scott Goldman answered on Jul 23, 2020

Not necessarily as the owner may be still be using it and claiming common law rights or even excusable non-use prior to reapplying. Having a trademark search and legal analysis conducted should provide you with a much better idea though. Feel free to call or email with any further questions.

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1 Answer | Asked in Trademark for Maryland on
Q: How do i renew a trademark registration?
William Scott Goldman
William Scott Goldman answered on Jul 11, 2020

Well, depending on when the mark was registered, it's either a Sec. 8 affidavit, which people often incorrectly refer to as 'renewals' or the combined Sec. 8/Sec. 9. Filing the initial Sec. 8 occurs between the 5th and 6th anniversary from the date of registration, while the Sec.... Read more »

3 Answers | Asked in Trademark for Maryland on
Q: Skinlights is a trademarked word, can I instead use Skin Lights (with a space) or Radiant Skin Lights?

I’m a independent cosmetic brand and skinlights is trademarked by Revlon.

Bill Hulsey
Bill Hulsey answered on May 15, 2020

It depends on the use of the prior mark. If in a non-related channel of commerce where there is no likelihood of confusion, there could be some options for you.

Bill Hulsey / bill.hulsey@hulseyiplaw.com / 512-478-9190 / www.HulseyIPLaw.com

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2 Answers | Asked in Trademark for Maryland on
Q: If my trademark name that includes a number, do I need to trademark each of “twenty five”, “twenty-five” and 25?
Barbara Berschler
Barbara Berschler answered on May 1, 2020

What you will register with the USPTO is the actual mark you are using. By way of example, if your mark is "25 Peaches" for sunglasses, then that is what you get. However, if you are intending to have variations of the mark, such as "Twenty-Five Peaches," be part of your... Read more »

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3 Answers | Asked in Trademark for Maryland on
Q: How to legally sell and advertise trademarked items?

I am opening a designer gift wrapping business, where people have their gifts professionally wrapped. I would like to use licensed, real products like Harry Potter gift wrapping etc.

1. Does a store need a special agreement or license to sell trademarked goods?

2. Is it a trademark... Read more »

Bill Hulsey
Bill Hulsey answered on Apr 26, 2020

This series of questions requires substantial counseling and a legal opinion. Great questions, but not the kind of questions whose answers will be posted on the Internet.

Happy to address these in a more formal and reliable setting.

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2 Answers | Asked in Intellectual Property and Trademark for Maryland on
Q: Can I include an already trademarked name of a business in my url?

I am creating an online course about selling on Amazon and my sharing my personal experience and tips to students. I do not sell any physical products that Amazon.com sells. I am only selling a digital product that I created on my own. The digital product is to educate other people how to start... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 10, 2020

That is the fastest way to get a complaint and maybe a proceeding that will take your domain name.

Try something else.

Consult an attorney.

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1 Answer | Asked in Intellectual Property and Trademark for Maryland on
Q: What could I do, if I have proof that I designed Cloud hosting, before AWS was released.

I've been going through my old notebooks from when I was 7 (2007-2008), and there's a full 50 page on my own design and ideas for a cloud hosting service. I have flowcharts, pricing models, and even a market outlook.

Mark Oakley
Mark Oakley answered on Mar 11, 2020

Lots of people dream up big ideas and never act on them, then someone else comes up with a similar idea on their own and implements it. What can you do about it? Nothing. Ideas can’t be patented, and if you fail to bring an idea to market or fruition as a product or service, you can’t claim the... Read more »

1 Answer | Asked in Trademark for Maryland on
Q: Hello, I see that Howard University is trademarked. Am I able to just use "Howard" or "Bowie" without adding the word U
Rolanzo Richard White
Rolanzo Richard White answered on Mar 4, 2020

It's going to depend on the actual mark, but "Howard" and "Bowie" themselves are weak marks and will likely not be granted a trademark. "Howard" is a common first and surname and "Bowie" is a location. The USPTO does not grant trademarks to generic or... Read more »

1 Answer | Asked in Trademark for Maryland on
Q: Hello If I’m looking to trademark the term Grind In Silence would I be able to do this for my t shirt company?
John Martin Hilla
John Martin Hilla answered on Oct 23, 2019

If "Grind in Silence" is the name of company producing the t-shirt products which you wish consumers to associate with that term/name, you can contact a trademark attorney to discuss running a full clearance search prior to filing a an application for trademark application with the US... Read more »

2 Answers | Asked in Trademark and Intellectual Property for Maryland on
Q: Is it legal for me to use “Fruit Loops” as a flavor?

I own a CBD brand and we sell terpene infused vape pen cartridges. One of our flavors is “Fruit Loops”. We own the image on our packaging but I’m curious if the use of the term violates any trademark/patents owned by Kellogg’s. Thanks so much!

Mark Oakley
Mark Oakley answered on Nov 17, 2018

Almost certainly your use violates their trademark, and the penalties for exploiting their trademark for commercial gain to sell your product are severe (you not only pay all of their attorney's fees, but penalties and forfeiture of all profits earned as a result). Kellogg's will hire... Read more »

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1 Answer | Asked in Trademark for Maryland on
Q: How do I know if I can ignore a cease and desist letter regarding trademark infringement?
Benton R Patterson III
Benton R Patterson III answered on Jun 29, 2018

Its never a good idea to completely ignore cease and desist letter. At the least, you should consult with an attorney on whether there is any merit to the letter. Doing nothing could make the situation worse by subjecting you to being accused of willfully infringing a trademark, which could... Read more »

1 Answer | Asked in Copyright, Products Liability, Business Formation and Trademark for Maryland on
Q: We are bring sued by a DC firm. We are a nonprofit.

They say they have one common word trademarked! HOW can this be, with that word, which is used by many.

Can we keep our non profit name?

Mark Oakley
Mark Oakley answered on Apr 19, 2018

Have they actually filed suit (in which case, you are being sued), or did they merely send a threatening letter? I doubt you are in actual legal jeopardy of losing the word, “Heroes”, from you company name or losing a damage suit in court. My guess is that they are trying to scare you into... Read more »

1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Trademark for Maryland on
Q: Question about registering a legal entity in the software industry using a well known trademark.

Hi,

I am a mobile application developer, specializing in app development for Apple’s iOS platform. The trademark “iOS” is owned by Cisco and leased to Apple for their mobile operating system.

With that in mind, can I register an LLC or a DBA using iOS as part of my legal... Read more »

Andrew Zulieve Esq
Andrew Zulieve Esq answered on Feb 14, 2018

In my opinion, your proposed idea is not a prudent one and could very well be a costly one.

1 Answer | Asked in Copyright and Trademark for Maryland on
Q: What route to take, copyright or trademark? Ive recently be selling shirts, hoodies and tanks under a brand I created.

I want to know if I need to get this brand copyrighted or trademark and if so what would be the first step. I have a business which in a few weeks I plan to put in a name change request to make it the brands name. Will that be suitable or should I do more. Really would like some insight.... Read more »

Benton R Patterson III
Benton R Patterson III answered on Jan 2, 2018

Both copyright registration and trademark registration are important to prevent others from copying your designs or selling counterfeit versions of your products. Copyright protects creative works. Trademark protects words, symbols, and other ways of designating a goods or services in commerce.... Read more »

2 Answers | Asked in Copyright and Trademark for Maryland on
Q: Can I get the document that says you registered for a trademark?
Will Blackton
Will Blackton answered on Jul 27, 2017

If you registered for a trademark, yes. If you worked with an attorney, contact your attorney.

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Maryland on
Q: i created a t-shirt that went viral and is now being copied on multiple websites. what can i do?

the shirt says "Dear Racism, I am not my grandparents. Sincerely, These Hands."

Griffin Klema
Griffin Klema answered on Jun 11, 2017

First things first: register your copyright with the U.S. Copyright Office. The filing fee is small ($30). An attorney can help you with that process, and it's important to ensure that the registration is properly filed.

You may also want to try trademarking the slogan. Filing an...
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