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Ohio Trademark Questions & Answers
4 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: What information do I need to provide a lawyer to file a trademark?

I'm looking to file a trademark and I would prefer to hire a lawyer to take care of the process. I'm not sure what information I need to have prepared for the attorney beforehand.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 22, 2024

To prepare for an application to register a trademark, you should have a "specimen" showing use of the mark (usually a photo or screenshot of your product or service with the mark displayed), the date of its earliest use in commerce, and a description of the goods or services for which... View More

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4 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: What information do I need to provide a lawyer to file a trademark?

I'm looking to file a trademark and I would prefer to hire a lawyer to take care of the process. I'm not sure what information I need to have prepared for the attorney beforehand.

Sheldon Starke
Sheldon Starke
answered on Jan 22, 2024

Thank you for asking this interesting question on JUSTIA. You need a consultation with a lawyer before you try to cover all this in advance. TM Law is too highly fact bound and less or more will be required by that conversation . . . that is the full truth. Call a trademark attorney asap. Get a... View More

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4 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: What information do I need to provide a lawyer to file a trademark?

I'm looking to file a trademark and I would prefer to hire a lawyer to take care of the process. I'm not sure what information I need to have prepared for the attorney beforehand.

James L. Arrasmith
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answered on Jan 22, 2024

To file a trademark, you'll need to provide your attorney with specific information to ensure a smooth and effective application process. Start by providing a clear representation of the mark you wish to trademark, such as a logo, word, phrase, or design. Include any variations of the mark if... View More

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4 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: What information do I need to provide a lawyer to file a trademark?

I'm looking to file a trademark and I would prefer to hire a lawyer to take care of the process. I'm not sure what information I need to have prepared for the attorney beforehand.

Felicia Altman
Felicia Altman
answered on Jan 22, 2024

To prepare to work with a lawyer to file a trademark you want to be able to provide to them information regarding whether you plan to file an "in-use" application or "Intent-to-use." To file an "In-Use" application you must provide them with a specimen of work showing... View More

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1 Answer | Asked in Trademark and Intellectual Property for Ohio on
Q: We have applied for a trademark in May of 2023. Is there a way to keep others on amazon and their sellers from using it

We do not and have never sold on Amazon. We now have people coming to us complaining about our "Pinch Perfect" crafting products not living up to expectations that they purchased on Amazon. There are currently 4 pages of listings using our brand in their listings and Amazon even has a... View More

James L. Arrasmith
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answered on Dec 15, 2023

In your situation with the unauthorized use of your "Pinch Perfect" brand on Amazon, it's important to take proactive steps to protect your trademark, even though it is still in the registration process. Since you've already applied for the trademark, you have some legal grounds... View More

1 Answer | Asked in Trademark and Intellectual Property for Ohio on
Q: my last name is good. can i legally open a burger restaurant in ohio named goodburger or good burger (movie name)

can i legally name my restaurant good burger or goodburger despite the nickelodeon movies?

James L. Arrasmith
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answered on Nov 8, 2023

Using the name "Good Burger" or "Goodburger" for your restaurant, especially given its association with the Nickelodeon movie, could raise trademark concerns. Trademarks protect names and logos used in commerce to identify the source of goods and services. If consumers might... View More

2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: Trademark Question: Same name, different services provided, different logo design, am I allowed to use that name?

Based in Ohio, I wanted to use a "NAME" for my architectural services business. There is an active mark with the same "NAME" registered to someone in California providing Electrical messaging services. Am I allowed to use that "NAME" for my business, and/or file that... View More

James L. Arrasmith
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answered on May 22, 2023

Using the same name for your architectural services business may be possible, even if there is an active trademark with the same name in California for electrical messaging services. However, it is important to conduct a thorough trademark search and consult with a trademark attorney to assess... View More

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2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: Trademark Question: Same name, different services provided, different logo design, am I allowed to use that name?

Based in Ohio, I wanted to use a "NAME" for my architectural services business. There is an active mark with the same "NAME" registered to someone in California providing Electrical messaging services. Am I allowed to use that "NAME" for my business, and/or file that... View More

Joseph Jaap
Joseph Jaap
answered on May 19, 2023

Trademark issues and analyzing the potential risk of an infringement lawsuit are too fact-specific to generalize. You could apply to the US Patent and Trademark Office to register your name for a determination if you can register it. But if you do that, the registrant in CA could learn of your... View More

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2 Answers | Asked in Intellectual Property and Trademark for Ohio on
Q: I looked up the phrase "Empowered women empower women" to see if it is copyrighted. It is trademarked, what's that mean?

What is the difference between the two. If I use the phrase on a product, will I be in danger of a lawsuit?

Eugene Vamos
Eugene Vamos
answered on May 3, 2023

The danger of trademark infringement depends on the type of good/service you are going to use the phrase in as a trademark. You will have to examine the prior trademark registration to see what goods/service categories the registration encompasses and then compare it to your use. If the... View More

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5 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: I did a TESS search for a trademark filing. Found one live match but their word mark is longer than my name. Is that ok?

My business name is The Business Clinic and the only live trademark I could find is listed as "THE BUSINESS + CLINIC RX FOR SUCCESS". There have been other "The Business Clinic" filings but all are now shown as Dead. Before I do the filing, however, I'd appreciate knowing... View More

David Aldrich
David Aldrich
answered on Apr 10, 2023

You are probably at some risk. You could receive a rejection based on the mark you found, but this will depend on how similar the services are (additionally, in this case, the nature of the particular mark you found has several complicating factors). You could also receive a rejection for... View More

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5 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: I did a TESS search for a trademark filing. Found one live match but their word mark is longer than my name. Is that ok?

My business name is The Business Clinic and the only live trademark I could find is listed as "THE BUSINESS + CLINIC RX FOR SUCCESS". There have been other "The Business Clinic" filings but all are now shown as Dead. Before I do the filing, however, I'd appreciate knowing... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 10, 2023

The active registration for THE BUSINESS + CLINIC RX FOR SUCCESS (stylized) would probably preclude the proposed registration for THE BUSINESS CLINIC as confusingly similar.

But even if that registration was not active, it is likely that THE BUSINESS CLINIC would be refused as "merely...
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5 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: I did a TESS search for a trademark filing. Found one live match but their word mark is longer than my name. Is that ok?

My business name is The Business Clinic and the only live trademark I could find is listed as "THE BUSINESS + CLINIC RX FOR SUCCESS". There have been other "The Business Clinic" filings but all are now shown as Dead. Before I do the filing, however, I'd appreciate knowing... View More

James L. Arrasmith
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answered on May 2, 2023

The fact that the live trademark you found has a longer word mark than your proposed name should not necessarily be a problem. Trademarks are typically evaluated on a case-by-case basis, taking into account a variety of factors such as the similarity of the goods/services, the channels of trade,... View More

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2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: Can I trademark a business name if a similar business exists already, but they did not trademark the name?

My business name is very similar to that of another business in a different state. We both provide the same type of services. Being in different states there's no problem, but at the end of 2023 the government is supposed to open up cross-State Licensing. I have no intention of performing... View More

Joseph Jaap
Joseph Jaap
answered on Mar 17, 2023

As the prior user, the other business could take action to terminate your use, even without a trademark registration. Registration is not required to obtain legal rights in a mark and the ability to terminate infringing uses. Use the Find a Lawyer tab to retain a local intellectual property... View More

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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Ohio on
Q: There’s a company named “TenBack Bowling Outfitters” or “Tenback pro shop” is it possible to just use the name “Ten Back
James L. Arrasmith
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answered on Mar 10, 2023

It depends on several factors, including whether the company has trademarked the name "Ten Back" or a similar name. If the company has a trademark on the name or a similar name, then using it without permission could be considered trademark infringement. It's also important to... View More

1 Answer | Asked in Entertainment / Sports, Intellectual Property and Trademark for Ohio on
Q: Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors?

Is it alright to name an Ohio sports club with a mascot name from a high school in Illinois? Can we use their colors? We would not use their images and the letting on our jersey design would be different.

Joseph Jaap
Joseph Jaap
answered on Sep 30, 2022

The only way to find out if it is "alright," is to contact the trademark owner and obtain permission. Without prior permission, there is a risk that the trademark owner could sue for trademark infringement.

1 Answer | Asked in Trademark for Ohio on
Q: What is hanging from the s in the Smith & Wesson trademark?
Matthew Williams
Matthew Williams
answered on Sep 26, 2022

Not really a legal question. But it looks like a bit of decoration based on the hammer part of a pistol.

1 Answer | Asked in Trademark for Ohio on
Q: The cease and dissist letter stated, since we are using the word Eden in our name they want us to abandon our trademark.

The cease and dissist letter stated, since we are using the word Eden in our name they want us to abandon our trademark, or they will take legal action. As I have stated, we Trademarked the name back to Edens herbs shop and theirs is Edens food. Is this legal?

Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 31, 2022

Unfortunately, it is not possible to provide a meaningful answer to this question without having much more information. Generally speaking, goods/services do not have to be the same for a trademark infringement to occur so if that herbs shop sells edible herbs, that may be a problem. But the... View More

1 Answer | Asked in Trademark for Ohio on
Q: Is this an updated version of the trademark details for "Elf Bar"?

"Elf Bar" Trademark. Is this updated? Is this trademark currently taken?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jun 12, 2022

There is no existing registration for ELF BAR, in any class of goods or services.

There is a pending application to register ELFBAR (and design) for electronic cigarettes and related goods, based on use since Feb 2022; and another pending application to register ELFBAR BC5000 also for...
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2 Answers | Asked in Copyright and Trademark for Ohio on
Q: This may be a complex question, but I am trying to figure out the right way to ask.

This may be a complex question, but I am trying to figure out the right way to ask.

Lets say I legally research & purchase a dead trademark and/or copyright today. Pretend it is an old obsolete cereal & the purchased logo & word is (Dazzlecorn).

Now I want the domain... View More

Joseph Jaap
Joseph Jaap
answered on Jan 21, 2022

A trademark registration might have expired or been cancelled, but the owner might still have valid rights in the mark unless the owner has "abandoned" the mark. If another person begins using it, the owner can claim infringement. Whether the mark was abandoned would be determined by... View More

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2 Answers | Asked in Trademark and Intellectual Property for Ohio on
Q: If a trademark is abandoned due to failure to respond/late response, can a new owner refile and use this?
Robert Kost
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Robert Kost
answered on Nov 16, 2021

If the previous owner is not still using the mark (a mark does not have to be federally registered to stop your registration), or if the trademark was not abandoned due to opposition by a 3rd party (who may turn around and oppose your use), or if no one is currently trying to register the mark (the... View More

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