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Maryland Trademark Questions & Answers
1 Answer | Asked in Business Formation, Business Law, Contracts, Trademark and Intellectual Property for Maryland on
Q: If I wish to place my graphic designs on stationary, tee shirts, and mugs, and sell them via Amazon, do I need...

...to obtain a DBA from the state if I wish to sell the products in my name (no branding) as a sole proprietor.

Also, do I need to register with the state at all if I operate as a sole proprietor AND I will NOT have NOR hold any inventory? (It would be a "print on demand" side... View More

James L. Arrasmith
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answered on Nov 17, 2023

If you plan to conduct business under your own name as a sole proprietor, obtaining a DBA ("Doing Business As") is not typically required. However, if you decide to sell your products under a name other than your legal name, then a DBA would be necessary. The requirement to register your... View More

2 Answers | Asked in Trademark and Intellectual Property for Maryland on
Q: How do I purchase the rights to a trademark?
Mark Oakley
Mark Oakley
answered on Jul 3, 2023

If somebody already owns and has registered the trademark you want, then you will have to purchase the trademark from the owner, who then assigns it to you under the purchase contract; or you can lease the use of the trademark from the owner.

If the trademark you want to use is not...
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2 Answers | Asked in Trademark and Intellectual Property for Maryland on
Q: How do I purchase the rights to a trademark?
Felicia Altman
Felicia Altman
answered on Jul 3, 2023

In order to find out if you are able to receive a license to use someone else's trademark or make an offer to buy a transfer you should contact a trademark attorney. If the parties mutually agree in the transfer an assignment will need to be filed with the USPTO.

If you would like to...
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2 Answers | Asked in Business Formation, Contracts, Trademark and Intellectual Property for Maryland on
Q: I’d like to trade mark “Train Like A Freak.” I’d like to trademark it as a “lifestyle” slogan for serious gym goers

Thru Proper nutrition and exercise. What would it cost (in total) in general to attain this trademark?

Thank you kindly for your time in this matter

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Apr 24, 2023

The law prevents attorneys from "price fixing" or agreeing to charge a uniform fee for services so this is not the place to get an answer on fees. That said, I can understand your desire to get a sense of what costs might be involved before you retain an attorney. Some firms might... View More

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2 Answers | Asked in Business Formation, Contracts, Trademark and Intellectual Property for Maryland on
Q: I’d like to trade mark “Train Like A Freak.” I’d like to trademark it as a “lifestyle” slogan for serious gym goers

Thru Proper nutrition and exercise. What would it cost (in total) in general to attain this trademark?

Thank you kindly for your time in this matter

James L. Arrasmith
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answered on May 2, 2023

The cost of obtaining a trademark for "Train Like A Freak" would depend on various factors, such as whether you hire an attorney or file the application yourself, the number of classes of goods or services you apply for, and the potential challenges or oppositions to your application.... View More

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1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark for Maryland on
Q: I own a collection of action figures (superheroes, Godzilla, ect.) Can I use photos of them to make t-shirts or posters?
Mark Oakley
Mark Oakley
answered on Jan 16, 2023

Use of trademarked and copywrited products and characters in other products for sale is not permitted and will subject you to possible lawsuits and damages which will include forfeiture of all profits from such sales, payment of attorney's fees and court costs, plus possible punitive or... View More

1 Answer | Asked in Trademark for Maryland on
Q: I would like to register a trademark in the USA for a brand.

How much would that cost & what could be the time span...?

Erik Špila
Erik Špila
answered on Sep 18, 2022

Dear Mrs or Mr,

cost can be from 500$ per application filing for one class of goods or services (with an attorney) and a time of registration can be around 1 year if no objections from office or third parties are raised.

1 Answer | Asked in Trademark for Maryland on
Q: How do I trademark a phrase?

I have a phrase that I would like to trademark. How do I apply for a trademark?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2022

Many trademark are slogans or simple phrases, used to suggest properties of goods or services. If the proposed phrase is not confusingly similar to a mark already registered, and can be shown to be associated with your goods or services, it can probably be registered. Consult a competent... View More

1 Answer | Asked in Trademark for Maryland on
Q: A trademarked name I want to use says that it is status is 606 - abandoned- No statement of use filed Can I use the name

I want to use the name for a sweatshirt Brand I’m thinking of starting and I looked up if the name is trademarked on Justia Trademarks and it says Status: 606 -Abandoned - No statement of use filed. Status date : 2020 -06-15

Jim Boness
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answered on Dec 5, 2021

The more appropriate place to be checking to see if a trademark might be valid to use would be the USPTO site, not Justia. I would advise doing a cursory search there first. However, this is just a preliminary step and would only pick up obvious instances of your proposed Mark being used. You... View More

2 Answers | Asked in Trademark for Maryland on
Q: Can someone, a business trademark my last name as a business name? Just saw my name online as a business name. Yoassi

Here is the article or document that offers details about the trademark. My last name is not common in the US nor around the world, I wonder how they got it and trademarked it.

Linda Liang
Linda Liang
answered on Oct 28, 2021

Are you talking about given name or surname. Under US trademark law, a mark which is “primarily merely a surname” cannot be protected as a trademark without proof that it has “acquired distinctiveness.” A mark is considered to be “primarily merely a surname” if its primary impact or... View More

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1 Answer | Asked in Trademark for Maryland on
Q: Can I apply and register for this trademark or do they still have common rights law ?
Omar Darwich
Omar Darwich
answered on Aug 10, 2021

Its going to depend. You did not really provide any details. For example are they still using the mark?

Best bet would be to consult with an attorney

1 Answer | Asked in Trademark for Maryland on
Q: Is "Game Boy" trademarked? Could I use it for the name of a superhero in a novel without legal trouble?

I'm also interested in the trademarked "TurboWash." It's a term for a feature of the LG company's washing machines. Could I use the term "Turbo Wash" [added a space between the words because I hope to use it in the novel that way] for an attack/ability that a... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 19, 2021

You should make an appointment with an attorney and contract for a consultation so you understand what you need to do. You should also have a business plan and budget legal support.

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.... View 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
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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... View 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... View More

Bill Hulsey
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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... View 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... View More

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