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Michigan Trademark Questions & Answers
1 Answer | Asked in Trademark and Intellectual Property for Michigan on
Q: Can I trademark crypto punk vapes
James L. Arrasmith
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answered on Jan 8, 2024

Trademarking a product like "Crypto Punk Vapes" involves considering both trademark law and potential copyright or intellectual property rights of others. First, to trademark a name or brand, it must be distinctive and not already in use for similar products or services.

However,...
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1 Answer | Asked in Trademark and Intellectual Property for Michigan on
Q: Is selling a t-shirt that reads “Wine the hell not” an infringement of the trademarked “wine not”

Attempted to design an original t-shirt with the phrase “wine the hell not” but the listing is being taken down due to an individual claiming trademark infringement on his phrase “wine not” for various clothing items. Does this person have grounds for this or is my phrase original enough to... View More

James L. Arrasmith
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answered on Dec 9, 2023

In assessing whether your phrase "Wine the hell not" infringes on the "Wine not" trademark, a key factor is the likelihood of confusion among consumers. Trademark infringement hinges on whether consumers might mistake your product for one associated with the trademarked phrase.... View More

1 Answer | Asked in Intellectual Property and Trademark for Michigan on
Q: Is it legal to make shirts for my h.s. staff using the phrase: Pr ( ) tect This House? The open space is an Earth pic

Because it does not use the letter 'O', in "Protect" would that make a difference?

The shirts would be for use for games, pep rallies, etc.

I would want to sell the shirts to the staff and students that would like them.

James L. Arrasmith
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answered on Oct 15, 2023

Using the phrase "Pr ( ) tect This House" with an Earth picture in place of the letter "O" may be perceived as a play on words or design that resembles an existing trademark or phrase. If a company has rights to a similar phrase, even minor alterations could still potentially... View More

2 Answers | Asked in Intellectual Property, Copyright and Trademark for Michigan on
Q: Can I use a patented saying on my own design or do I have to buy the use of the saying?
David Aldrich
David Aldrich
answered on Sep 25, 2023

You are likely referring to a trademark, as phrases can't be patented. If the phrase is trademarked, you would need the permission of the trademark owner to use it on similar goods/services. If you plan to use the phrase for something very different, then you may not need permission. You... View More

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2 Answers | Asked in Intellectual Property, Copyright and Trademark for Michigan on
Q: Can I use a patented saying on my own design or do I have to buy the use of the saying?
James L. Arrasmith
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answered on Sep 24, 2023

Sayings or phrases themselves cannot be patented; patents cover inventions and processes. However, sayings can be trademarked or copyrighted, depending on the context. If a saying is trademarked or copyrighted, you would need permission or a license to use it in your design to avoid infringement.

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2 Answers | Asked in Trademark, Copyright and Intellectual Property for Michigan on
Q: What is the likelihood I would get the Trademark "Frankly, Scarlett" approved? It looks like it is a "dead" trademark

My name is Scarlett. I was searching to possibly get "Frankly, Scarlett" as a trademark for an online business...I would be Marketing/online Marketing, possibly building Funnels for companies/people as a freelancer, and mostly for mentoring/coaching/course creation/selling digital... View More

James L. Arrasmith
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answered on Aug 15, 2023

The likelihood of getting the trademark "Frankly, Scarlett" approved depends on various factors, including the current status of the trademark application and any potential conflicts with existing trademarks in similar classes. Conducting a thorough trademark search and analysis, and... View More

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2 Answers | Asked in Trademark, Copyright and Intellectual Property for Michigan on
Q: What is the likelihood I would get the Trademark "Frankly, Scarlett" approved? It looks like it is a "dead" trademark

My name is Scarlett. I was searching to possibly get "Frankly, Scarlett" as a trademark for an online business...I would be Marketing/online Marketing, possibly building Funnels for companies/people as a freelancer, and mostly for mentoring/coaching/course creation/selling digital... View More

David Aldrich
David Aldrich
answered on Aug 8, 2023

Since the mark was abandoned several years ago, you can register it yourself (provided there are no other registered marks that are similar enough to present a problem). However, even though the prior owner let the registration go abandoned, before you use the mark for clothing (which is the class... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Michigan on
Q: Can a copyrighted ©️ and trademarked ™️ product be recreated by someone else but with a different product name?

How can M.J. claim for the product (no name provided) that is already made, provided in medical care for decades and has been used in shops for well over two decades by companies such as Tegaderm, Nexcare and many more? This is NOT a new invention in any nature. Just long winded description of what... View More

James L. Arrasmith
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answered on Jul 28, 2023

Using a copyrighted and trademarked product's concept or design, even with a different product name, may still be considered copyright or trademark infringement if it is substantially similar to the original. If someone is claiming a product that has been in use for decades, they may need to... View More

1 Answer | Asked in Trademark and Intellectual Property for Michigan on
Q: Can a printing company that doesn't fulfill a print job fully own the rights to a trademarked design?

I reached out to a 3D company for figure printing, submitted an original design, but they did not fulfill the job, and I'm requesting a refund and was told that they own the rights to the 3D render(computer draw up) and the figures printed. The brand is trademarked under my name.

James L. Arrasmith
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answered on May 7, 2023

No, a printing company that doesn't fulfill a print job cannot own the rights to a trademarked design. The intellectual property rights belong to the creator or owner of the design, unless there is an agreement in place transferring the rights to the printing company. If you own the trademark... View More

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

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Michigan on
Q: Can I create illustrations of muscle cars from different periods and use them in to create posters?

Can I create illustrations of muscle cars from different periods and use them to create posters I will sell?

James L. Arrasmith
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answered on Feb 21, 2024

Creating illustrations of muscle cars from different periods and using them to create posters for sale could potentially raise copyright issues. While the physical design of the cars themselves may not be protected by copyright, certain elements such as logos, emblems, or distinctive features... View More

2 Answers | Asked in Intellectual Property and Trademark for Michigan on
Q: I've found a trademark that has currently been abandoned and I'd like to buy it, what are common issues I may see?

I found a Trademark that I'd like to start putting on apparel and clothing etc. It's current status has been abandoned by the original owner, is it possible for me to reregister the Trademark to get legal ownership?

Adam W. Bell
Adam W. Bell
answered on Jan 20, 2024

What do you wnat to buy? The trademark is abandoned.

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1 Answer | Asked in Copyright and Trademark for Michigan on
Q: Can the Hardy Boys name be used for different characters such as grandkids?

Not the actual characters but 2 of their grandchildren would be used.

James L. Arrasmith
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answered on May 7, 2023

No, using the name "Hardy Boys" for unrelated characters, such as the grandchildren of the original characters, could potentially infringe on the trademark owned by the publisher of the book series. It is best to come up with a unique and original name for the new characters.

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

Kevin E. Flynn
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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... View 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...
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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...
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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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