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North Carolina Trademark Questions & Answers
1 Answer | Asked in Copyright and Trademark for North Carolina on
Q: I wanted to create some black lives matters merch and donate some to the cause once I reached a certain amount...

I wanted to make sure by doing this, I'm not infringing

Barbara Berschler
Barbara Berschler answered on Jun 2, 2020

I believe there is an official "Black Lives Matter" group. See: https://blacklivesmatter.com/contact/ There are also a number of applications pending with the USPTO that could be relevant. Check with the BLM group about the best way to proceed with your idea.

2 Answers | Asked in Trademark for North Carolina on
Q: I’ve already trademarked my business name. Can I now modify and add the logo design I have just come up with?

My business name was published as of April 2020 but now I have finally designed the actual logo with pictures and the business name. Can I request modification of my trademark to now include the design? Is that considered a section7 filing?

Evelyn Suero
Evelyn Suero answered on May 26, 2020

If you wish to register the new logo as a trademark you will have to file an new application for registration. Many people file for trademark registration for both the business name and logo/ design.

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2 Answers | Asked in Trademark for North Carolina on
Q: how can I reinstate a trademark that was abandoned?

filling date was 8/30/13

status date was 10/27/14

Jason Brooks
Jason Brooks answered on Feb 4, 2020

There is no "reinstatement." You'll have to complete and file a new Registration Application and go through the normal registration process. If you need assistance, feel free to email me at: jason@altviewlawgroup.com

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1 Answer | Asked in Trademark and Copyright for North Carolina on
Q: Need to protect something that is printed on a tshirt (graphic w/ text) using trademark or copywrite law. Can you help?

trademark and copyright knowledge needed

Jason Brooks
Jason Brooks answered on Nov 26, 2019

If you're merely trying to protect the design on the shirt, then you'll want to register it for copyright with the US Copyright office. If however, the design is actually the name of your brand, then you'll want to register that brand name for trademark.

Note that word...
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1 Answer | Asked in Trademark for North Carolina on
Q: If a trademark has been abandoned since 2016, does that mean that I can purchase it?

I am interested in a trademark and it has been marked "abandoned-failure to respond". Does that mean that it's available for purchase by someone else?

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 25, 2019

You are confusing the process. You can buy a brand or trademark from somebody who has rights over it.

If an application or trademark expired or were abandoned, you can file for it.

However depending on what the brand is, the trademark may have some value or owner, if it has been...
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1 Answer | Asked in Copyright and Trademark for North Carolina on
Q: Do you have to blur out car logo on personal image if use for custom shirt?
Ahaji Kirk Amos
Ahaji Kirk Amos answered on May 17, 2019

You can't use another's logo in a confusingly similar manner, i.e. that is likely to cause confusion as to the source of the goods or insinuates endorsement.

1 Answer | Asked in Trademark for North Carolina on
Q: How can I take control of an abandoned trademark?
Griffin Klema
Griffin Klema answered on Apr 11, 2019

Well, you don't. Trademark rights are acquired by use. A REGISTRATION is not the source of the trademark RIGHT, using a mark crates the right. So the fact that a registration is abandoned doesn't mean you can't acquire trademark rights, and you don't simply take over a dead... Read more »

1 Answer | Asked in Trademark for North Carolina on
Q: How can I use my registered trademark?

I am getting ready to register my company name and logo as a trademark for use as a YouTube brand and on social media. If I want to also send out an e-newsletter for the brand or sell promotional items online with my registered logo on them (t-shirts, hats, mugs, journals, tote bags, etc.), Do I... Read more »

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

You should speak with a trademark attorney in private consultation. A trademark protects consumers from confusion as to the source and quality of a product or service, and trademarks are registered, therefore, for that purpose. In other words, it's your use of the trademark in interstate... Read more »

1 Answer | Asked in Business Formation, Trademark and Intellectual Property for North Carolina on
Q: Can I register my new business name as an LLC if it's different from an incorporated company's name by only one letter?

I'm rebranding my graphic design business in Raleigh, NC and I've found the perfect name. However, the name is similar to another company's name; the only difference is my new name has an additional letter in it to distinguish it from this other company. My company would be... Read more »

Will Blackton
Will Blackton answered on Sep 28, 2018

Your question can be answered a few ways:

Will the North Carolina Secretary of State accept your LLC's articles of organization if the name differs by only one letter from another entity also registered in North Carolina? Yes, the NC Secretary of State will permit registration so long...
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1 Answer | Asked in Trademark for North Carolina on
Q: How can I get help processing my Trademark through?

Justia Trademarks Categories Education and entertainment ICP T.E.A.M.S - Trademark Details

ICP T.E.A.M.S - Trademark Details

Status: 641 - Non-Final Action - Mailed

Image for trademark with serial number 87645871

Serial Number87645871

Word MarkICP T.E.A.M.S

Benton R Patterson III
Benton R Patterson III answered on Jun 20, 2018

You should contact a trademark attorney to respond to the office action. If you do not respond in time, the trademark application will be abandoned.

1 Answer | Asked in Copyright, Entertainment / Sports and Trademark for North Carolina on
Q: Dealing with an issue whether I'm able to use multiple song titles on a website that creates profit without song content

Creating a website that creates profit, however, I want to know if I'm able to use song titles without any of their physical content (for example without their lyrics or digital media). I only need the titles.

Thank you for your time.

Jason Brooks
Jason Brooks answered on Apr 13, 2018

I’m inclined to say yes, but definitely would need more info regarding the intended use. Feel free to email me at: Jason@altviewlawgroup.com to discuss

1 Answer | Asked in Trademark for North Carolina on
Q: If you have paid for a trademark, have the registration number, a 700-registered, does it have to be renewed?

My brother died a year ago and I was his partner and have taken over the business. Nothing official on paper.

He was not married and had a minor son at that time (now 18). What should I do to make sure

it stays mine.

Benton R Patterson III
Benton R Patterson III answered on Jan 29, 2018

There are a lot of legal issues in your question, more than can be resolved in a forum like this. A few points may be helpful:

1. Trademarks must be renewed.

2. Trademark rights are not obtained by paying for a registration, they are obtained by using the mark in commerce....
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1 Answer | Asked in Trademark for North Carolina on
Q: What trademark classes do you recommend I register for my brand/trademark.

I want protection from others using it for any business. It's a name that will be focused on the marijuana industry with it's logo and brand on products such as clothing, glass, and other products and also online services.

Michael Gerity
Michael Gerity answered on Jan 22, 2018

With trademarks, the association between your mark and a PARTICULAR type of goods and/or services is a critical element. As such, you have to pick which particular goods and/or services you are going to use the mark with, and then actually use the mark in conjunction with the offering or sale of... Read more »

1 Answer | Asked in Trademark for North Carolina on
Q: What steps should I take to get my product on the shelves?

I want to sell a product but I'm really not sure the steps I should take. Should I trademark it first or...? I've tried googling it but I really don't know how all of this works on the legal side of things. I would appreciate any help I can get.

Michael Gerity
Michael Gerity answered on Sep 22, 2017

Before you even get to trademarks, you should be considering things like forming a business entity, getting a tax ID number, looking into state and local tax (sales tax, use tax, etc) issues, etc. You also need to consider contracts with stores or other sales channels, and if you haven't done... Read more »

1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for North Carolina on
Q: I am forming an LLC with a partner. The LLC name is each of our last names. How can I protect the name of the LLC?

We are located in NC.

The name has already been registered and brand developed.

Will a trademark on the name, owned by myself or the LLC protect the LLC name?

Can each member give up the rights to take their name in the operating agreement?

Cameron Lambe
Cameron Lambe answered on Sep 20, 2017

While I'm not exactly sure what the second part of your question is asking, a trademark filed with the USPTO will protect the LLC name if it is distinctive and unique, and that will apply nation-wide. Many local businesses don't opt for this level of protection if they only plan to... Read more »

1 Answer | Asked in Business Formation and Trademark for North Carolina on
Q: Hello, I am starting a new business and already secured the domain name "mystockmarketsignals"...

Now, I found where someone else has a "service mark" trademark of "stock market signals".... Do I have to give up my original business name? Thx! Jim

As a follow up... why would the USPTO allow a trademark of these common words?...... A trademark should be a mark of... Read more »

Michael Gerity
Michael Gerity answered on Sep 11, 2017

Well, it sounds like you have not started using your mark in commerce, which is what is required to secure a priority date vs. another user. As such, if their mark is actually valid (federally registered marks are entitled to a presumption of validity, but that presumption can be overcome in... Read more »

1 Answer | Asked in Trademark for North Carolina on
Q: "THIS GIRL" has a trademark. Can you use "this girl loves jesus" or "this girl loves hiking" on a t-shirt or not
Benton R Patterson III
Benton R Patterson III answered on Sep 11, 2017

It depends on what goods or services the registered trademark is associated with and what your business does. A trademark attorney would need to review the other mark and your proposed business.

1 Answer | Asked in Intellectual Property and Trademark for North Carolina on
Q: Can I use a theme from something that's trademarked if I'm using it in a completely different field/context?

I'm writing software that's named something similar to, but different from, "Jiffy" (the popcorn). I'd like to use an cartoon version of popcorn popping in a tin bubble for a stylistic effect as a logo. The software has nothing to do with food (popcorn or otherwise).... Read more »

Will Blackton
Will Blackton answered on Aug 10, 2017

The key question is: will this cause consumer confusion?

This is a question that can only be answered by a judge, but an attorney can assist you. I am not your attorney, and this incredibly fact-specific question would require careful examination of facts outside of what is contained in...
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1 Answer | Asked in Copyright and Trademark for North Carolina on
Q: Do I need permission to use my image of someone else's product in my product? i.e.Image of a cymbal in my drum software
Will Blackton
Will Blackton answered on Mar 1, 2017

If you use an image of a cymbal, produced by someone else, in software you produce: Yes, you need their permission to use their image or you could face a copyright infringement action.

1 Answer | Asked in Copyright and Trademark for North Carolina on
Q: Tho this band has "trademarked" their name.May I use the name for a business thats non musical/not inspired by them?

I'm looking to start a clothing/skateboarding company. I came up with the name of "Scythe" , or maby "Scythe Skateboards". But I looked online and found that there's a musical band called "SCYTHE", apparently they trademarked it like a year or 2 ago. But I in... Read more »

Will Blackton
Will Blackton answered on Feb 9, 2017

The success of a trademark infringement lawsuit depends on whether the defendant's use causes a likelihood of confusion in the average consumer.

The U.S. Patent Office explains on its website:

Generally, the court will consider evidence addressing various factors to determine...
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