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Massachusetts Trademark Questions & Answers
4 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Is this a trademark issue?

My business is named Queen Bee Wax Studio and I just received a message from the owner of Queen Bee Salon and Spa saying that she owns the rights to Queen Bee Waxing. We are in the same industry but she's on the west coast and I'm on the east coast. Can she force me to change the name of... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 1, 2024

There is a federal trademark registration for QUEEN BEE, for hair removal services, namely, face and body waxing services, owned by a company in Dallas, Texas. That company's cease-and-desist demand would have some credibility, although there is little likelihood of actual confusion by... View More

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4 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Is this a trademark issue?

My business is named Queen Bee Wax Studio and I just received a message from the owner of Queen Bee Salon and Spa saying that she owns the rights to Queen Bee Waxing. We are in the same industry but she's on the west coast and I'm on the east coast. Can she force me to change the name of... View More

Robert Hugh Johnston III
Robert Hugh Johnston III
answered on Aug 9, 2024

I can provide some educational material related to trademarks. If someone has a federal registration on the principal register before another person begins using a mark, the federal trademark owner will be able to enforce it provided that there is a likelihood of confusion. If a person on the West... View More

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1 Answer | Asked in Trademark, Copyright and Intellectual Property for Massachusetts on
Q: How do I copywrite and trademark the Flying Yankee name?
James L. Arrasmith
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answered on Jun 19, 2024

To protect your intellectual property for the name "Flying Yankee" in Massachusetts, you'll need to pursue both copyright and trademark protection. Here's a guide:

Copyright:

1. In the United States, copyright is automatically granted to original works upon...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Massachusetts on
Q: Is making up a "generic original name" more legal than trademark infringement?

Using "made up names that emphasize the quality of a game or movie without using any words related to trademarks" to refer to that game or movie is more legal than trademark infringement, is it? For instance, calling something "High Grossing Movie about a Memorable President:... View More

James L. Arrasmith
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answered on Mar 23, 2024

When dealing with trademarks and references to existing works, it's important to tread carefully. Using "generic original names" to avoid direct mention of a trademarked game or movie can reduce the risk of infringement, but it doesn't make it entirely legal or safe. The concept... View More

2 Answers | Asked in Intellectual Property and Trademark for Massachusetts on
Q: How does a company protect their unregistered mark (used in commerce) from another company filing with intent to use?

Company A has been using a mark in commerce for a year, but has yet to file for registration. Company B files for the mark (same name and class) with intent to use. It is pending, but has not been assigned an examiner yet. How should Company A protect their mark, and prove they have rightful... View More

James L. Arrasmith
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answered on Feb 23, 2024

To protect their unregistered mark, Company A should gather evidence of their prior use of the mark in commerce. This evidence can include sales records, advertising materials, website screenshots, and any other documentation that demonstrates the mark's use in connection with their goods or... View More

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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

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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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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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”
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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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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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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1 Answer | Asked in Trademark for Massachusetts on
Q: If I purchase a tumbler with a Disney character on it then rhinestone over it and sell it is that legal
James L. Arrasmith
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answered on Aug 17, 2024

When you purchase a tumbler with a Disney character on it, even if you add rhinestones or other customizations, selling it could lead to legal issues. Disney's characters are protected by copyright and trademark laws, meaning they control how their intellectual property is used. Modifying and... View More

1 Answer | Asked in Trademark for Massachusetts on
Q: Can I use a phrase that happens to be trademarked (The Heart of Christmas) as a theme phrase for my church festival?

My church runs a festival each December to raise money for non-profit charities. It is called The Festival of Sharing. Each year we have a theme. In past years we've used Helping Hands Around the World, The Light of the World, etc. This year we wanted to use "The Heart of... View More

James L. Arrasmith
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answered on Aug 5, 2024

Using a phrase that is trademarked can be tricky, especially if it's for an event that is public and involves fundraising. "The Heart of Christmas" being trademarked means that there are specific legal protections around its use, particularly in contexts that might overlap with the... View More

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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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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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
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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

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