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Ohio Trademark Questions & Answers
1 Answer | Asked in Trademark for Ohio on
Q: We would like to use the words, "We Will Rock You", on our band's show shirt for our Killer Queen Show. Is it allowed?
Joseph Jaap
Joseph Jaap answered on Aug 16, 2019

Nobody but the owner can tell you it is "allowed." If you do it without the owner's permission, the owner can sue you for trademark or copyright infringement if it finds out about it. The court would then decide if what you did infringed, based on all the facts.

1 Answer | Asked in Copyright, Entertainment / Sports, Intellectual Property and Trademark for Ohio on
Q: Do I need permission to organize an event with a "where's Waldo" theme? Does this infringe on the current copyrights?
Joseph Jaap
Joseph Jaap answered on Jul 16, 2019

If you use images of Waldo and other recognizable features of the books, then yes, it would infringe the copyright. Getting permission might be difficult to track down the owner. The book publisher might have the rights, or the author might have retained them. Use the Find a Lawyer tab to retain... Read more »

1 Answer | Asked in Trademark for Ohio on
Q: Can I claim a trademark that contains a word that is ALREADY trademarked? Doctor Tasty's Mega Bites vs "Megabites"

I own a food truck business called "Doctor Tasty's Mega Bites" and we are considering franchising.

When I did a mark search, I noticed Churches Chicken trademarked "Megabites" for a chicken nugget they released in late 2017.

Is it likely our mark would be rejected because it... Read more »

Ahaji Kirk Amos
Ahaji Kirk Amos answered on May 17, 2019

It will definitely be rejected. A patent attorney could very likely overcome that rejection, however. Feel free to set up a consultation with me.

https://calendly.com/ahajiamospllc/15min

1 Answer | Asked in Trademark for Ohio on
Q: Am I able to use the word Thieves by Young Living in a different mark drawing font for my own business of cleaners?
Ahaji Kirk Amos
Ahaji Kirk Amos answered on Apr 22, 2019

I don't have enough information to help you. You may want to have a consultation with an attorney.

2 Answers | Asked in Copyright and Trademark for Ohio on
Q: In marketing, can we mention that our products were previously sold under a trademarked brand name?

Our products were sold exclusively by a large fortune 500 company under a trademarked brand name. They have recently stopped selling our products in lieu of creating their own line. I'd like to know if, in our marketing, we can say, [our product name] has been sold by [their company name] under the... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 22, 2019

Use the Find a Lawyer tab to retain a local intellectual property attorney to review all the facts of the situation and advise you if the large company might take any action against you if you do that.

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1 Answer | Asked in Trademark for Ohio on
Q: How does this case look for the defendant James

He is not a good guy

Matthew Williams
Matthew Williams answered on Apr 18, 2019

There’s nowhere near enough information in this question for anyone to answer it intelligently.

1 Answer | Asked in Trademark and Intellectual Property for Ohio on
Q: Is the term "Food Revolution" trademarked?
Joseph Jaap
Joseph Jaap answered on Apr 18, 2019

A trademark can be registered with the US Patent and Trademark Office, with any of the states, or with foreign countries. You can easily check the databases of any of those to find out if it has been registered. But there is no requirement to register a trademark. Many famous trademarks have not... Read more »

1 Answer | Asked in Trademark for Ohio on
Q: I have a question about a trademark. Serial # 88187684.

There is a winged lion wearing a crown and holding a sword. Are those aspects of the design trademarked if they are used outside of a shield design and the words "CINCINNATI" and "FC" are not used?

Joseph Jaap
Joseph Jaap answered on Feb 22, 2019

A court would have to decide which elements of a trademark are significant, and if the overall impression of the other design infringes the trademark. If the trademark owner believes that design creates a likelihood of confusion with its trademark, or if the infringer's design is trying to imitate... Read more »

1 Answer | Asked in Trademark for Ohio on
Q: I am Laiston Jerels. Is there a way to renew this Trademark?

At the time of abandonment, I was investing my resources into a home. Now I would like to get back to the process of getting this business in gear

Joseph Jaap
Joseph Jaap answered on Jun 21, 2018

If the application has been abandoned, then you will have to file a new application with the USPTO to start the process over again.

1 Answer | Asked in Trademark for Ohio on
Q: Can I renew trademark 87016911

I was putting my resources into a home at the time of abandonment, and am currently ready to launch my business

Joseph Jaap
Joseph Jaap answered on Jun 21, 2018

If the application has been deemed abandoned, then you will have to file a new application with the USPTO to start the process over again.

2 Answers | Asked in Copyright and Trademark for Ohio on
Q: how do I know if an image/logo is trademarked?

i work at a bar, and created an image of ohio using the logos of the breweries in ohio. i want to be allowed to sell the image on shirts but dont know how to go about doing so. i do not know how to find if images are copyrighted or trademarked and therefore am unsure about my next step. any help is... Read more »

Jason Brooks
Jason Brooks answered on Jun 6, 2018

The only way is to conduct an image search via the USPTO's database of registered trademarks. Images are a bit tougher to research than word marks, because there's a bit of subjective interpretation in the description of the designs and their potential similarity to other registered marks. With... Read more »

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1 Answer | Asked in Trademark for Ohio on
Q: Can I submit my trademark just as a name for now for use in the future?

I plan to use this trademark for my business. I plan to change the look of my mark soon but I just want to trademark it right now

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

It is possible, but generally not recommended. If you claim only the words, and not the look of the mark, the registration will not apply to the look. Also, in order to obtain and maintain a trademark, you have to use it. There may be limited circumstances where you would want to do this. You... Read more »

1 Answer | Asked in Copyright and Trademark for Ohio on
Q: I want to sell a gift with this engraving “Davis-Besse Nuclear Power Station”. Do I need permission from the company?

A friend suggested I find out before marketing and selling the gifts to current and former workers at the power plant. Also, I am a current employee of the company that owns the nuclear plant.

John Espinosa
John Espinosa answered on May 27, 2018

Yes, you need to get permission.

1 Answer | Asked in Intellectual Property and Trademark for Ohio on
Q: I filed a LLC 8 ish months ago called Simple Shower Club LLC someone emailed me from simple shower saying its tm infring

ement. I do not have a trademark but it says its still available.

Joseph Jaap
Joseph Jaap answered on Jan 29, 2018

Use the Find a Lawyer tab to retain a local intellectual property or trademark attorney to review all the facts and advise you whether it could be an infringement or not, and what are your options. There are significant penalties for trademark infringement.

1 Answer | Asked in Trademark for Ohio on
Q: Can I file a Trademark for a similar idea to someone else's as long as there's a slight difference?

I came up with an idea for a mobile app and looked online to see if there was anything similar in the works. There is, and the person has trademarked the name and the general idea. But, it's not 100% identical. Their idea seems to be broader in scope than mine. If I come up with a different name... Read more »

Benton R Patterson III
Benton R Patterson III answered on Jan 12, 2018

Most likely not, but an attorney would need to know all the facts to give a confident answer.

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Ohio on
Q: I created a class and would like to get it protected but dont know what I need.

Do I need a patent, trademark, or copyright?

Will Blackton
Will Blackton answered on Oct 25, 2017

What type of class? How is the class material presented?

It's likely that copyright is the appropriate type of protection, but it's unclear without more information.

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1 Answer | Asked in Trademark for Ohio on
Q: I see that GM has the term FastTrack trademarked. Can our business use Fast Track as the name of a new program?

This link is the page for their trademark: https://trademarks.justia.com/864/36/fasttrack-86436928.html

Joseph Jaap
Joseph Jaap answered on Sep 19, 2017

It depends on whether your use of that same mark could be confusing to consumers. If so, you could be liable for triple damages, and could have to pay GM's legal fees if a court determines that you infringed. GM has enough money to fund legal action against you. Use the Find a Lawyer tab and... Read more »

2 Answers | Asked in Business Formation, Contracts, Intellectual Property and Trademark for Ohio on
Q: I am entering a partnership with someone and need assistance on how to protect myself.

She is making shirts and wants my artwork on them. We are combining businesses and it'll be 50/50. It's fair but if this doesn't work out in the long run how do I protect my artwork and business name? Will we both be able to produce the shirts still afterwards? Will she end up with rights to the... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 22, 2017

You are prudent to seek assistance for your business relationship and protection of your artwork - before you begin. Use the Find a Lawyer tab and contact a local business attorney who can advise you and answer questions about business formation and copyright protection.

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1 Answer | Asked in Copyright and Trademark for Ohio on
Q: Can a logo that was purchased on Etsy by numerous people be trademarked?

I am creating a new company and was browsing Etsy for logos. I stumbled upon a premade logo that is being sold with a company name. It is not one of a kind, therefore can be sold to other people as well. If it has not been copyrighted/trademarked/registered yet, am I able to use this logo and... Read more »

Michael Gerity
Michael Gerity answered on Aug 8, 2017

There are an awful lot of issues here that can't be addressed without more facts, but here are some initial thoughts. First off, any copyright would be held by the designer of the logo. Presumably, if you purchase the logo from the designer, then it would come with at least a license to use the... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Ohio on
Q: How can someone trademark fairy dust?
Dr. Jamie Cuticchia
Dr. Jamie Cuticchia answered on Jul 26, 2017

A trademark is mark which is associated with goods or services. It originates from the use of specific insignia by silversmiths in England to differentiate their work from another.

In order to trademark "fairy dust, " first the mark cannot already be in use for the class of goods you would...
Read more »

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