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Oklahoma Trademark Questions & Answers
1 Answer | Asked in Intellectual Property and Trademark for Oklahoma on
Q: "Oklahomie" serial number: 88275112 current "status: 604 - Abandoned- After- Inter-Parties-Decision" Is it available?

Is it available to trademark or is it already taken?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2023

This application and another to register OKLAHOMIE (with map) were opposed by The Board of Regents of the University of Oklahoma twice (in 2019 and 2020) which owns several registration for OKLAHOMA.

A new application to register OKLAHOMIE would most certainly be similarly opposed.

1 Answer | Asked in Trademark for Oklahoma on
Q: Who owns a business name if a Fed trademark is applied for at the same time that someone else applies for a State TM?

Party A applied for Fed TM in January. Current processing time is 14-16 months. Party B applies and receives a State TM in January bc a State TM is much easier to obtain. Party A & B both jointly were in the business, however Party A came up with business name, created all artwork, acted as... View More

David Aldrich
David Aldrich
answered on Feb 18, 2023

The assessment of trademarks rights is primarily (but not solely) governed by actual commercial use. The answer to a question like yours is highly fact-specific, and there is not enough detail provided in your description. You should really discuss the specifics of your case with a trademark... View More

1 Answer | Asked in Trademark for Oklahoma on
Q: I know someone who is trying to open a business that violates trademark. Who would I contact?

There is a business opening in my town that is using the trademarked name of another business. They do not have the rights to use the name under trademark. Who would I get in touch with about that

Jessica Brown
Jessica Brown
answered on Mar 22, 2021

You should contact a "trademark infringement" or "intellectual property" attorney to discuss possible options here. This will be very fact specific and you will need to give them more information for them to advise you about options moving forward.

Also, it is unclear...
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1 Answer | Asked in Business Law, Copyright, Intellectual Property and Trademark for Oklahoma on
Q: If I buy something from a place like Etsy to put on a product that I sell and make from scratch. Am I good legally

I buy the product from a source that is allowed to make the sticker or decal and I put it on a product to sell. Do I still have to get a Craftman license to be able to sell that with that sticker on it?

Jessica Brown
Jessica Brown
answered on Mar 22, 2021

There isn't enough information here to fully answer your question.

It does, however, sound like (depending on a lot more information) you could get in trouble for copyright and/or trademark infringement, fraudulent misrepresentation, or something else.

1 Answer | Asked in Copyright and Trademark for Oklahoma on
Q: I want to use the word gunmetal in my salon name. But it shows the word gunmetal has been trademarked. Can I still use i
Tania Maria Williams
PREMIUM
Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2020

Your ability to use the word "gunmetal" depends on its use within your mark and the other mark. Examining attorneys look at the mark itself as well as the class of goods or services in which the mark is being (or will be) used. I would suggest enlisting the services of a trademark... View More

1 Answer | Asked in Intellectual Property and Trademark for Oklahoma on
Q: A cork maker owns their trademark in wine, but not for household goods, which I want for a corkscrew. Can I trademark?

They mostly do chemical processes and do NOT own the trademark in household goods, but I'm assuming perhaps they make corks for wine bottles.

I thought I'd be safe trademarking in a class they don't have a trademark in, but since their product is literally cork and I'm... View More

Benton R Patterson III
Benton R Patterson III
answered on Feb 8, 2018

There is really not a clear answer here. It is possible the other trademark owner may oppose your trademark registration or sue you for trademark infringement. The fact that the two marks are in different classes does not necessarily mean consumers are unlikely to be confused by the two marks.... View More

1 Answer | Asked in Copyright and Trademark for Oklahoma on
Q: I am having a logo created for a startup company and I find a image on google that I want it to look exactly like...

Is that okay?

Will Blackton
Will Blackton
answered on Aug 10, 2017

It is not legally permissible to have someone recreate an image exactly or copy an image directly to use for your logo. Contact the artist who created the image that you want to use and see if you can purchase the rights to use that image for your logo.

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