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Minnesota Trademark Questions & Answers
1 Answer | Asked in Intellectual Property and Trademark for Minnesota on
Q: To use the term “Swim A Thon” as a fund raiser, do we need any sort of consent or permission?

We are doing a fund raiser for our local pool. Some wish to call it Swim A Thon…while others fear that using that term could get us into some legal trouble???

James L. Arrasmith
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answered on Feb 27, 2024

Using the term "Swim A Thon" for your fundraiser requires a bit of caution due to potential trademark issues. Trademarks protect brand names, slogans, and other identifiers from being used without permission, especially if they could cause confusion among the public or imply an... View More

1 Answer | Asked in Trademark and Intellectual Property for Minnesota on
Q: A person warned that he would proceed legal action on a product that has no trademark. Is he delusional?

A person created a video game addon for certain vehicles. He removed his first version to replace it with something unstable. He is sending threats to people who share this first version of that said addon that is stable with legal action cases. But he lacks a trade mark and a license for his... View More

James L. Arrasmith
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answered on Feb 25, 2024

Understanding the legal nuances in such a situation is important. Even without a formal trademark or license, creators can have rights to their original work under copyright law. Copyright protection is automatic upon the creation of an original work fixed in a tangible medium of expression. This... View More

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Minnesota on
Q: I'm interested in trademarking my adult video game under my LLC. Does anyone with experience in both have advice? Thanks

I'm looking to trademark my adult video game under my LLC. Seeking advice from experienced professionals in both areas. Serious responses only please. I'm interested in a long term situation. I've already filed one, but due to a name change, I might need to file again as my previous... View More

James L. Arrasmith
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answered on Aug 29, 2023

If you've undergone a name change for your adult video game, you'll likely need to file a new trademark application, as significant amendments to the mark itself are generally not permitted under existing applications. Given the specific industry you're in, make sure the trademark... View More

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2 Answers | Asked in Copyright, Trademark and Intellectual Property for Minnesota on
Q: I'm interested in trademarking my adult video game under my LLC. Does anyone with experience in both have advice? Thanks

I'm looking to trademark my adult video game under my LLC. Seeking advice from experienced professionals in both areas. Serious responses only please. I'm interested in a long term situation. I've already filed one, but due to a name change, I might need to file again as my previous... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Aug 23, 2023

The proposed mark should be carefully researched to assure that it is not confusingly similar to any other mark already used in gaming, then an intent-to-use application should promptly be filed before the game is actively marketed. It may also be wise to include a graphic element to a text-only... View More

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1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for Minnesota on
Q: Can I use Twin Cities in my business name?
T. Augustus Claus
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answered on Aug 16, 2023

Using "Twin Cities" in your business name could potentially lead to trademark issues, as the term may be associated with the Minneapolis-Saint Paul metropolitan area in Minnesota. If your business operates within or serves this region, using "Twin Cities" in your name might... View More

5 Answers | Asked in Patents (Intellectual Property) and Trademark for Minnesota on
Q: I plan to release a game soon. Can you give me best practices regarding patenting and trademarking?

Our game is ready to be released soon, the trademark process can be complex, and I wanted to seek the advice of a qualified trademark attorney to ensure my application on the USPTO website is handled correctly. Thanks for your time

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 3, 2023

Based on experience registering and litigating trademarks in video games, I can assure you they are very important elements of protecting your exclusive rights not only in the game's name but also game features. You would be wise to file an "intent to use" application as soon as you... View More

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5 Answers | Asked in Patents (Intellectual Property) and Trademark for Minnesota on
Q: I plan to release a game soon. Can you give me best practices regarding patenting and trademarking?

Our game is ready to be released soon, the trademark process can be complex, and I wanted to seek the advice of a qualified trademark attorney to ensure my application on the USPTO website is handled correctly. Thanks for your time

James L. Arrasmith
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answered on Apr 6, 2023

Congratulations on the upcoming release of your game! Protecting your intellectual property through patents and trademarks is an important step in safeguarding your game and brand.

Here are some best practices to consider when it comes to patenting and trademarking:

Conduct a...
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5 Answers | Asked in Patents (Intellectual Property) and Trademark for Minnesota on
Q: I plan to release a game soon. Can you give me best practices regarding patenting and trademarking?

Our game is ready to be released soon, the trademark process can be complex, and I wanted to seek the advice of a qualified trademark attorney to ensure my application on the USPTO website is handled correctly. Thanks for your time

N'kia (NLN)
N'kia (NLN)
answered on Apr 3, 2023

It is virtually impossible to provide generalized best practices in just a few paragraphs, as registering a trademark with the USPTO is a fact-specific, multi-step process.

If you'd like to register your trademark yourself, the USPTO has a free virtual bootcamp that teaches the basics...
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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Minnesota on
Q: Can a theme of a business mention another business name or products unrelated to the industry?

I’d like to start a car-themed coffee company which would include images, logos, and names of car manufacturers. Would I need the permissions of the companies first?

James L. Arrasmith
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answered on Mar 29, 2023

Using the images, logos, and names of car manufacturers in a car-themed coffee company without their permission could potentially be a trademark infringement. It is advisable to seek legal advice or contact the car manufacturers to obtain their permission before using their trademarks or... View More

1 Answer | Asked in Employment Law, Entertainment / Sports, Intellectual Property and Trademark for Minnesota on
Q: Is there a way I can stop a former employer from using pictures and videos that I am in?

I worked at a haunted house and these are pictures and videos of my characters used on their website and social media.

James L. Arrasmith
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answered on Mar 15, 2023

If you are no longer employed by the haunted house and you did not sign any agreement that allows them to use your image or likeness, you may be able to take action to stop them from using your pictures and videos. Here are some steps you can take:

Send a cease and desist letter: You can...
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3 Answers | Asked in Trademark for Minnesota on
Q: I own an esports organization and we kicked one of the owners and now he says he owns a trademark and he is gonna sue us

We already searched for a trademark uprise and nothing showed up

Robert Kane
Robert Kane
answered on May 3, 2023

I am sorry, but it's difficult to determine what your question is, but your concerns could be many.

https://trademarks.justia.com/870/51/uprise-87051548.html

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1 Answer | Asked in Trademark for Minnesota on
Q: I make car decals and sell them online. In the advertisement can I say " fits Jeep" in the item description.

I have heard of things being taken down if you mention Jeep but If the item is specifically made for a certain year Jeep then how are you supposed to sell it?? The decals I sell do not use any of their protected logos but just fits certain years due to their shape and location.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 23, 2022

What you describe is known as "nominative fair use" of the trademark or brand, merely to refer to the brand and not to compete with the trademark owner.

Nominative fair use permits use of a trademark to refer to the trademark owner’s goods and services associated with the mark....
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3 Answers | Asked in Copyright and Trademark for Minnesota on
Q: What are the general rules for political slogans and their use on products that I would sell? Thanks in advance.

I am looking at printing some political shirts for my business in the coming years. I am wondering what the rules are for using political slogans on products that are intended for sale? Thanks

Alexander Ivakhnenko
Alexander Ivakhnenko
answered on Sep 24, 2021

There are slogans, and there are slogans.

Even if the First Amendment protects free speech (slogans do fall under that), their purpose, content and meaning may be falling outside of the First Amendment protection if the slogan calls for violence, incites riots, unrests, or promotes open...
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1 Answer | Asked in Trademark for Minnesota on
Q: Can a logo from a free site that we customized be trademarked? Another company used the free site and the same logo....

We customized the logo (colors, and words) and the other company just used the stock logo without customizing it from the free site and are trying to send us a letter in the mail from a lawyer saying we have two months to change our logo. We purchased it and have the rights to use for our business... View More

Kathryn Perales
Kathryn Perales
answered on Jul 21, 2020

Well, it depends. If this other company has registered a trademark for the logo for the same or similar goods or services that you are using your similar logo for, such that consumers would be confused between the logos, then you've got a problem. On the other hand, if the other company... View More

2 Answers | Asked in Copyright and Trademark for Minnesota on
Q: Is the cease and desist order I was sent an actual legal document, and is it a baseless claim or not?

I'm the host of a paranormal radio show and I use a promotional poster to announce my guests each week. During a recent show, a woman from MA messaged me saying I was infringing on her trademark because the slogan for my radio show was similar to what she uses for her website and apparel,... View More

Jason Brooks
Jason Brooks
answered on Mar 22, 2020

She may have a trademark in that phrase, which is completely different than copyright. Your best best is to look up the phrase in the USPTO directory to see if it’s actually a registered mark.

For purposes of a trademark, there wo d be no difference of your use her use of “we are” vs...
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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Minnesota on
Q: Are there copyright/trademark restrictions that prevent me from selling merchandise with pictures of people's cars?

The pictures would be taken by customers of their own cars and would likely have the vehicle logo visible, and below the picture there would perhaps be a name for the vehicle they choose or a phrase of their picking...

Thank You!

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 30, 2019

Be careful on this

if it is on request of the owner of the car, and it is limited, you may be ok

you should definitely consult with an attorney before jumping in

1 Answer | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for Minnesota on
Q: had an invention that was seen on the internet recently...took a while but finally saw the invention or one similar...

need to know what can be done to help me on this situation...

Peter D. Mlynek
Peter D. Mlynek
answered on Dec 6, 2019

This happens, unfortunately, all the time.

If you have a patent on your invention, then go see a patent litigator to give you options on how to get some sort of licensing agreement of your patent in place, or to file a suit.

Good luck!

2 Answers | Asked in Trademark for Minnesota on
Q: TM search & no results, google search showed 2 others with Instagram accts w/ same name

The 2 hits on google were Instagram accts; one created last month and the other 4/2017. I started mine late 2016 early 2017. One is a graphic designer who created a logo for a "client" but then this month after contacting me about same name, listed shirts for sale on his Instagram acct.... View More

John Martin Hilla
John Martin Hilla
answered on Jul 31, 2019

Respectfully, you seem to be seeking the assurance of an attorney that your proposed trademark is "safe" for purposes of a trademark registration application without actually hiring or paying for an attorney--and without disclosing what that proposed mark actually is.

You are not...
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2 Answers | Asked in Trademark for Minnesota on
Q: Trademark Cancelled can Product still be sold in the market.
Ahaji Kirk Amos
Ahaji Kirk Amos
answered on Apr 22, 2019

Trademark registration does not allow one to sell in the marketplace. Just because a trademark is canceled does not mean that it's free for public use. There is an article on my website on this very topic.

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Minnesota on
Q: If I created a design/logo for shirts. Should I get copy right, trademark or both? Another ? added to more infor section

Also, the design/logo includes words. So, if I change the words color and/or font does it still protect under the copyright/trademark law still? Even if I submit something to the copyright/trademark in black font and a specific font.

Sean Erin Serraguard
Sean Erin Serraguard
answered on Apr 18, 2019

Based on the facts we have, it sounds like a trademark. Specificaly, it sounds like two trademarks, a word (standard character) mark containing just the characters and a design (special form) mark containing the logo. Remember that trademarks/service marks are for distinguishing goods and... View More

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