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Michigan Trademark Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Trademark for Michigan on
Q: How to obtain the right to use the name willy Wonka and the Wonka bar as a restaurant and bar using chocolates world

Like France Belgium Switzerland Mexico, Japan etc

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Feb 25, 2023

Obtaining the rights to use the name Willy Wonka and the Wonka bar can be a complex process, as it involves negotiating with the owners of the intellectual property rights associated with the name and the brand. In this case, the owners would likely be the estate of Roald Dahl and the companies... Read more »

1 Answer | Asked in Trademark for Michigan on
Q: If a company trademarks a generic word, such as GLADIATOR, how am I restricted from using it?

For instance Jeep has a GLADIATOR model and there is a movie named GLADIATOR. I make laser acrylic emblems for various vehicles. Am I not allowed to make an emblem that says GLADIATOR at all? Or just using the font/logo that they use? Other examples would be Jeeps CHEROKEE and Ford's MUSTANG.... Read more »

Erik Špila
Erik Špila
answered on Dec 12, 2022

Answer to your question depends on more variables so we can not provide comprehensive question to your pertinent question here. However, trademark is mostly only protected in a territory in which it is registered and valid, and for goods or services that it has listed in the trademark registration.... Read more »

1 Answer | Asked in Trademark for Michigan on
Q: Can I use the phrase "Oh Yeah" (Kool-Aide Man's Catch Phrase) In the song?

I am in the process of creating a song that has lyrics including the phrase "Oh Yeah". In the song, I have a voice actor using the phrase and his vocal sound (tone) sounds very similar to Kraft's Kool-Aide Man's "Oh Yeah". The lyrics of the song does not mention or... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 14, 2022

You correctly note that common utterance "oh, yeah" is not by itself capable of being the exclusive property of Kraft. Neither is the voice characterization, especially when the usage you intend is not in connection with a competitive product.

1 Answer | Asked in Trademark for Michigan on
Q: Can I do anything if someone filed a trademark for a name that I previously set for a club but didn't trademark?

I helped create the club back in 2003 and we have evidence and witnesses that can collaborate the time of formation. We are also an international club and have members across the globe. We do not want to have a Marijuana dispensary with the same name as us. And while our name is not trademarked it... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 4, 2022

You may be able to oppose the registration by what is called a "junior user" (you are the "senior user" based on your prior use) when its application is published for opposition, which is the last step in federal registration of trademarks and collective membership marks (a... Read more »

1 Answer | Asked in Patents (Intellectual Property) and Trademark for Michigan on
Q: Hi, I have an idea for a new product. What things should I have done prior to contacting a patent attorney? Thank you!

The product should be relatively easy & inexpensive to manufacture. I’ve done as much in-depth research as possible online - and nothing like this exists as far as I can tell. I’ve spoken with friends, relatives, neighbors about a need for such an item and I’ve received 100% positive... Read more »

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jul 11, 2022

Kudos to you for doing some prep work before your first meeting with a patent attorney. I love clients like that. I teach entrepreneurs about the patent process. I think it would be worth your time to review my intro slide set just so that you have some vocabulary and basic concepts... Read more »

1 Answer | Asked in Business Law and Trademark for Michigan on
Q: So I wanna start a business And i wanna make a logo with the outline of a gtr (a car) will I get copyrighted or sued
Evan Ficaj
Evan Ficaj
answered on May 23, 2022

A logo for a business is an issue of trademark law rather than copyright law because your logo is how a potential customer would recognize you in the marketplace and distinguish you from your competitors.

To properly answer this question, you should meet with an attorney to discuss details...
Read more »

1 Answer | Asked in Trademark for Michigan on
Q: Can I trademark our Dance group name?
John Martin Hilla
John Martin Hilla
answered on Feb 8, 2022

It is certainly possible to register a dance group's name, or any other performance name, as a trademark. The question will be the extent to which the mark is used in interstate commerce and in relation to what service or product.

A trademark lawyer will be able to discuss these...
Read more »

2 Answers | Asked in Copyright and Trademark for Michigan on
Q: am i able to use a photo of boss baby to make customized golf balls?

the golf ball includes a single picture of boss baby

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 16, 2021

No.

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3 Answers | Asked in Trademark for Michigan on
Q: How do I know if a brand is still trademarked? Or if someone still uses the mark?

I am looking to start a brand, I had started searching through trademarks and found one similar but I have some different design ideas. The owner of mark has been mailed abandonment and things along the lines of that. How do I know if I can start making stuff?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 15, 2021

You need to consult with an attorney to evaluate your options.

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4 Answers | Asked in Trademark for Michigan on
Q: My business name has been trademarked by someone else. I sell clothing, they are a record brand. Can I keep my bus. name

I just decided to trademark it and come to find out it already is. I sell clothing and they are a record brand/DJ.

Linda Liang
Linda Liang
answered on Jul 30, 2021

Your business name is not necessarily your trademark. Even if it is, it is not confusingly similar to theirs. So you can still register it as your trademark. Confusingly similar means that consumers would not assume that the clothing you are selling is from them because the record industry is... Read more »

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1 Answer | Asked in Trademark for Michigan on
Q: Is Schitts Creek trademarked? Or is it just Schitt’s Creek that is?
Omar Darwich
Omar Darwich
answered on Jun 16, 2021

First of all.. I wish they kept airing episodes!

It might be trademarked. You might not get a hit off a basic word mark search through the USPTO and need an attorney to do a TESS search (they arn't easy--one of the reasons why people hire attorneys)

There might also be...
Read more »

2 Answers | Asked in Trademark for Michigan on
Q: Can I trademark a word as part of a business name, if the single word is already trademarked by a different company?

Example:

If I wanted to use the business name “The Fatherhood Project”

The word “Fatherhood” is already trademarked by another company.

Same target audience, different products.

Is this acceptable?

Evelyn Suero
Evelyn Suero
answered on Mar 21, 2021

A trademark should not be used if it is confusingly similar to another existing trademark in use for the same or related class of good or services. Using the same dominant term as another similar trademark may be refused for registration due to likelihood of confusion and may also be deemed... Read more »

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1 Answer | Asked in Copyright, Business Law and Trademark for Michigan on
Q: If something isn't properly copyrighted or trademarked can it end up in the Public Domain?

The 1968 film "Night of the Living Dead" wasn't properly trademarked due to an error and ended up in the Public Domain. Various Comic book Characters from the Golden Age of Comics in the 1930s and 1940s also entered the public domain when their publishers went out of business. I just... Read more »

Michael Zamzow
Michael Zamzow
answered on Mar 12, 2021

First, be generally aware there is a difference between 'registered' copyrighted works, works protected by copyright, and works with expired copyright protections, and 'works' without copyright protection.

Second, intellectual property is quite a bit like any other type...
Read more »

1 Answer | Asked in Trademark for Michigan on
Q: If something is trademarked, does that mean I can't use it as a name as and artist? Denizen used by Levi's specifically.

I wanted to know if I could use it as an artist even though they use it for a line for their clothing. Does the fact that I'm not selling jeans with it make it ok?

Benjamin Charles Korray
Benjamin Charles Korray
answered on Jan 14, 2021

Maybe yes, maybe no. The trademark world is divided into 45 different categories (also known as classes). Each class represents a different group of goods or services. If Levi's has the name Denizen trademarked for jeans then they likely have a trademark in class 025 (the class for clothing).... Read more »

1 Answer | Asked in Trademark for Michigan on
Q: If your product has a trademark, and it does not fall within the ballpark of their goods/services listed. Is it still ok

For example making a Boy Mom Vinyl Decal

John Martin Hilla
John Martin Hilla
answered on Jan 12, 2021

Your question is not clear. Are you asking whether your product is infringing upon another party's trademark registration if it is the same type of product?

Or are you asking whether your own registered trademark is being infringed upon by someone else's product or service?

1 Answer | Asked in Intellectual Property and Trademark for Michigan on
Q: I am a US resident and need to protect my US registered trademark.

I am a US resident and need to protect my US registered trademark in Australia. I found that someone has stolen my mark and is using it for the same class of products as my brand. Could I use an Australian virtual mailing address to register my mark? On their trademark website, ipaustralia.gov.au,... Read more »

Timothy John Billick
Timothy John Billick
answered on Sep 23, 2020

Without knowing other key details here, I believe you should be able to do so. But registering your trademark after infringement may impact your claim for damages or injunctive relief. Feel free to reach out to me with any more questions!

1 Answer | Asked in Business Law, Copyright and Trademark for Michigan on
Q: Can I use an acronym like G.O.A.T. in my business marketing materialand website? Or can someone actually trademark this?

The name of my business is GOAT Nails and I am wanting to make sure it is ok for me to use the acronym G.O.A.T.throughout my website.

Kathryn Perales
Kathryn Perales
answered on Aug 5, 2020

Interesting question - I would have thought that G.O.A.T. (greatest of all time) would be too generic to trademark, but I see that some people have successfully done it. You should check the TESS database (tess2.uspto.gov) to search for all of the US registered trademarks with the word GOAT in... Read more »

2 Answers | Asked in Trademark for Michigan on
Q: I want to buy the trademark to 'Purple Urkel' for my LLC. The current status of the trademark is 602 - Abandoned.

602 - Abandoned-Failure To Respond Or Late Response is the staus of a trademark I want to purchase, can I still purchase it?

Evelyn Suero
Evelyn Suero
answered on Jul 31, 2020

A business typically acquires rights to a trademark based on usage. Even if the trademark is abandoned it may still be in use. If by purchasing the trademark you mean registering it, then prior to doing so, work with a trademark attorney to assist you with clearing the trademark to ensure that the... Read more »

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1 Answer | Asked in Trademark for Michigan on
Q: Do I need classification for each product I want to put my trademark on? clothing, cups, pens, lapel pins, and tote bag?

Putting my trademark on these items for my conference

Evelyn Suero
Evelyn Suero
answered on Jun 11, 2020

If you are referring to the federal trademark registration process, then as a part of the application process, you will have to select the applicable classes (clothing, accessories, etc) in which you use or will use the trademark. It is best to work with a trademark attorney to guide you in this... Read more »

1 Answer | Asked in Trademark for Michigan on
Q: Trademark infringement question.

I would like to use the old English "D" with a variation for a 501(C)3 veterans hockey logo. My modification to the "D" is a helmet hanging off of it covering part of the "D" but the "D" is still very visible. Is this trademark infringement?

Thank you for your time.

Tania Maria Williams
Tania Maria Williams
answered on Feb 27, 2020

It would depend on what the company has registered but you can probably do a more stylized "D" with the helmet and be able to protect the design mark.

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