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Massachusetts Trademark Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Trademark for Massachusetts on
Q: Can I have assistance in removing all unauthorized fan games from the community?

As you may be aware, popular franchises can bring forth the desire to create fan games. However, there is one problem that should be brought up to attention. One of these franchises, the Pokémon franchise, is owned by a company whose policy is to decline ALL usage of their copyrights and... View More

James L. Arrasmith
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answered on Jan 5, 2024

Addressing unauthorized use of copyrighted material, such as fan games based on the Pokémon franchise, is a legitimate concern for copyright holders. If you are representing the rights of the company owning the franchise, you have the legal ground to take action against copyright infringement.... View More

2 Answers | Asked in Trademark, Patents (Intellectual Property) and Intellectual Property for Massachusetts on
Q: Someone has applied to get the Trademark & USPTO of a Mark Drawing I designed for a pro deck & did not ask for permissio

I haven´t been called nor asked to give my permission to patent it. I can proof I did the deck myself, there is the digital print & email sent w deck to the person for whom I did the job. This person has taken the type & style I used in the design & wants to be the owner of it when... View More

James L. Arrasmith
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answered on Oct 24, 2023

If someone has applied for a trademark registration with the USPTO using a mark you designed without your permission, you may have rights to challenge the application or subsequent registration. First, having proof of your original design, such as digital prints and email correspondence, is... View More

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2 Answers | Asked in Trademark, Patents (Intellectual Property) and Intellectual Property for Massachusetts on
Q: Someone has applied to get the Trademark & USPTO of a Mark Drawing I designed for a pro deck & did not ask for permissio

I haven´t been called nor asked to give my permission to patent it. I can proof I did the deck myself, there is the digital print & email sent w deck to the person for whom I did the job. This person has taken the type & style I used in the design & wants to be the owner of it when... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 22, 2023

The trademark application you cite is for the text FROM HER TO ETERNITY, without any graphic element or stylized font, so whatever you designed is not at issue in the trademark registration.

If the design you created is being used on merchandise or related materials such as advertising,...
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3 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Can I trademark “don’t panic, it’s organic”
David Aldrich
David Aldrich
answered on Sep 20, 2023

If you are just using this as a slogan, you cannot trademark it. However, if you are adopting it as the brand under which your products will be sold, then yes, you can file for a trademark application.

If you do file, and assuming this is for food products, it could possibly receive a...
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3 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Can I trademark “don’t panic, it’s organic”
T. Augustus Claus
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answered on Sep 19, 2023

Certainly, you can potentially trademark the phrase "don't panic, it's organic." However, the success of your trademark application will depend on factors such as its distinctiveness, its use in commerce, the likelihood of confusion with existing trademarks, and whether it meets... View More

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3 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Can I trademark “don’t panic, it’s organic”
James L. Arrasmith
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answered on Sep 21, 2023

Trademark registration eligibility depends on various factors, including whether the proposed mark is distinctive and not merely descriptive. "Don't Panic, It's Organic" may be registrable if it is not considered generic or overly descriptive for the goods or services you intend... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Massachusetts on
Q: Can I create a company called “Robin-Hood loans” or Robin-hood Funding”? What about RobbinHood or Robbin-Hood with two B

I had a trademark question. With the investment company RobinHood owning the trademark name of Robinhood.

Eric Estadt
Eric Estadt
answered on Jul 6, 2023

I recommend against creating a company in the financial industry with any name that is similar looking or sounding to RobinHood. That is likely to invite a cease and desist letter, lawsuit, or other legal action against you. Even if the risk was low, do you really want your brand to have such a... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Massachusetts on
Q: will the name 'milky way electric' cause any copyright infringement on milkyway the chocolate bar company?
Eugene Vamos
Eugene Vamos
answered on Jun 28, 2023

It depends on the context of your proposed usage. The words "Milky Way Electric" can not be copyrighted, but they can probably be used in a trademark, that is, associate it with a good/service. You will have to seek out a trademark attorney to guide you on the specific areas of... View More

1 Answer | Asked in Intellectual Property and Trademark for Massachusetts on
Q: Hello There is some confusion about Dizzy Gillespie.

How can Dizzy Gillespie be Trademarked by Lorraine Gillespie Trust when he is Trademarked by AL Cass Inc as a graphic design of a trumpet player. Is AL Cass Inc committing Trademark Infringement on the Lorraine Gillespie Trust who has Dizzy Gillespie Trademarked. Thank you

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 30, 2023

The Gillespie Trust owns six active registrations for the text mark (name) DIZZY GILLESPIE, as used on valve oil, recording, mouthpieces, songbooks, trumpet polishing kits, and entertainment services.

If there is a design mark depicting the person Dizzy Gillespie, it would not infringe the...
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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Massachusetts on
Q: Can I register as a part of my logo and brand name, the city name where I am located? For example, XYZ Shoes, Boston?
James L. Arrasmith
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answered on Apr 2, 2023

Yes, it is generally possible to register a brand name and logo with the name of the city where you are located. However, there may be limitations or restrictions depending on the specific city and any trademark or naming regulations it may have. It is recommended to consult with a trademark... View More

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2 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: How do I contact someone regarding the usage of a trademark they own?

I know you should email them but how do you get their contact?

David Aldrich
David Aldrich
answered on Feb 24, 2023

If their trademark is registered, you can go to the USPTO’s search page here:

https://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4805:woa3i2.1.1

After you run a search for the mark, click on the trademark, then click the TSDR button on the upper left. Then scroll down...
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2 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: How do I contact someone regarding the usage of a trademark they own?

I know you should email them but how do you get their contact?

James L. Arrasmith
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answered on Feb 25, 2023

To contact someone regarding the usage of a trademark they own, you can try the following steps:

Conduct a trademark search to find the name and contact information of the trademark owner. You can do this by searching the United States Patent and Trademark Office (USPTO) database or using a...
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1 Answer | Asked in Business Formation and Trademark for Massachusetts on
Q: Do I have to get a license to use the Red Sox B Service Mark in order to use it as a small part of my business name/logo

The Red Sox ‘B’ Service Mark, while used almost exclusively by the Boston Red Sox, is more closely aligned with representing the city of Boston as a whole… my business name utilizes the term BOSSTOWN, and I would like to use the ‘B’ Service Mark for the B in BOSSTOWN. The two businesses... View More

Michael Ray Smith
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Michael Ray Smith
answered on Feb 12, 2022

I see that you posted your question not only under Business Formation but also under Trademark. That's good because you need the advice of an intellectual property lawyer, someone who practices trademark law regularly. There are a number of factors to consider. Depending on the answers, the... View More

Q: I sell a product that I DIY, meaning the product existed already and was popular and more known in the 80s-90s.

Another company altered the same original product the same way I did and is claiming she’s the original creator of that new design. So she and her friends have been harassing me on both personal and business social medias. A good 2-3 businesses sell the same new version of this product as well.... View More

Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2022

I am not sure if this applies to your situation or not. However many products from the 80's and 90's, unless covered by trademarks (such as the product's name or logo) or copyrights (for example, graphics), are now "public domain." In such cases, anyone might be able to... View More

1 Answer | Asked in Trademark for Massachusetts on
Q: Hello, I seek to make a trademark and wanted to know the process, requirements, and cost.
Marcos Garciaacosta
Marcos Garciaacosta
answered on Oct 26, 2021

May take six to eight months, cost can vary.

Consult with an attorney.

1 Answer | Asked in Real Estate Law and Trademark for Massachusetts on
Q: Taking signs Down do you have to replace them with blanks after your lease is up
Linda Liang
Linda Liang
answered on Oct 8, 2021

Review your lease agreement. You will know your obligations

2 Answers | Asked in Trademark for Massachusetts on
Q: We have a product we call RhinoTab M1. We have RhinoTab trademarked but is there an issue using M1?

I see a bunch of M1 trademarks but cannot tell if there would be an issue on this specific case.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 16, 2021

Depends on whether somebody else has it registered or how it is used in your mark

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1 Answer | Asked in Copyright, Internet Law and Trademark for Massachusetts on
Q: My dad was an ebay guy in the 90s . I sold.com was mailed to him then. Does he still controll it? Not used in years than

I found a catalogue mailed to my dads house. No postal stamp that I see. He was an EBay guy back in 98 to 02. I never knew of Isold.com. But a catalogue was mailed to his house with that in the name line. Could he still have controll of that name? Could it be sold to pay for his long term... View More

Omar Darwich
Omar Darwich
answered on Jul 9, 2021

alot of depends here. I think more facts are going to be needed.

best course of action would be to consult with an attorney

1 Answer | Asked in Trademark for Massachusetts on
Q: Hi I want to use the Trademark Wear the Word its showing dead or abandoned since 2017 can i use this name
Kathryn Perales
Kathryn Perales
answered on Mar 5, 2021

It's possible that you could snap up this trademark. You'll have a better chance if your description of goods or services is different from that of the previous trademark. Also check to see what similar marks are registered, such as "Wear your words," which might prevent you... View More

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