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Tennessee Trademark Questions & Answers
1 Answer | Asked in Trademark for Tennessee on
Q: Can I purchase this trademark, being that it is abandoned? If so, how would I do so?

I am intending on making this trademark into a record label: Phup Duc Productions

Marcos Garciaacosta
Marcos Garciaacosta answered on May 9, 2021

You need to consult with an attorney to file an application for the trademark

1 Answer | Asked in Trademark for Tennessee on
Q: Can I get the rights to the name Branco?

I need the trademark to the name Branco.

Linda Liang
Linda Liang answered on May 6, 2021

A mark that is primarily merely a surname is not registrable. Branco is a surname. If it has no other distinctive meaning other than being a surname, the application to register it as trademark will be denied.

1 Answer | Asked in Intellectual Property and Trademark for Tennessee on
Q: How can I get T.R.A.P. Fitness LLC trademarked when there's already a live entry for a Trap Fitness for Pretty Girls?

My brother started T.R.A.P. Fitness LLC in Memphis, TN in 2019 for both male and female clients. Here is his website: trapfitnessmemphis.com.

Trap Fitness for Pretty Girls was registered in 2020 (Serial Number 88312626) (Registration Number 5953349) in Lancaster, TX.

The entry did... Read more »

Benjamin Charles Korray
Benjamin Charles Korray answered on Jan 15, 2021

It depends. You may be able to file under either name (the short name or the long name) but you would need to perform a clearance search to see exactly how everything was filed and then make a determination based on that. With trademark clearances, we would look at names that are the same but also... Read more »

1 Answer | Asked in Trademark for Tennessee on
Q: Can I use the name Let Love Rule Plus for my education platform?

I know Lenny Kravitz has the name Let Love Rule trademarked. I wasn't sure if I could use Let Love Rule Plus without and conflict.

Timothy John Billick
Timothy John Billick answered on Jan 1, 2021

If someone has the exact mark trademarked you run a high risk of infringement. But it’s possible you could have good counter arguments depending on a number factors. For example, knowing how LK uses this mark in commerce would be highly determinative.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: Naming my company that has similar spelling than one that has been trademarked or copyrighted.

If i make a company that has a similar but different spelling in the name than one that is currently copyrighted or trademarked, could i possibly be sued? I have no affiliation with said company nor do i sell or copy anything of said company, just two similar names. There is a trademark for the... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 23, 2020

Yes you can be sued.

It will depend on the similarity or difference of the products and whether somebody can be confused as the origin of the products or services.

Consult with an attorney

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Tennessee on
Q: I've recently designed a toy but I'm not sure is a copyright what I need? I'd feel most comfortable filing myself, TN.

It's really just a modification I've made to stuffed animals, that started out as a game mechanic. I just really want to make sure that if someone manufactures it that they won't stop me from using the design. Making some money off of it wouldn't hurt either but it is secondary.

Liliana Di Nola-Baron
Liliana Di Nola-Baron answered on Nov 18, 2020

You may want to consider protecting your toy with a patent, assuming your modifications to existing toys are novel and non-obvious. You will need a patent attorney to help you assessing the patentability of your toy and preparing and filing the patent application.

Please give me a call if...
Read more »

1 Answer | Asked in Copyright and Trademark for Tennessee on
Q: If "vols" is trademarked by UTK, as a word mark, is it legal for me to have that in a company name without UTKpermission

I'm a designer and am designing a logo for a company called Southside Vols Nutrition, and wanted to make sure that I'm not infringing on an existing logo work mark when I start into this thing. Any insight would be helpful! Thanks.

Allison Higgins
Allison Higgins answered on Nov 12, 2020

Hi there! Thanks for reaching out. You may be able to trademark that logo if it is different enough from all of the trademarks owned by UTK. It also depends on if "vols" is considered a "famous mark."

I would definitely suggest speaking with a trademark attorney to do...
Read more »

1 Answer | Asked in Copyright and Trademark for Tennessee on
Q: Hey. My name is Sincere. I see that this is no longer in use & I wanted to know if I can trademark my name for my brand.
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 16, 2020

If your name is Sincere you will likely not be able to have it registered in either a state or with the Federal Trademark Office. Surnames are not protectable by Trademark. See a trademark attorney.

1 Answer | Asked in Trademark for Tennessee on
Q: What all differences do there have to be to not commit trademark infringement?

Want to trademark a clothing brand.

Evelyn Suero
Evelyn Suero answered on Jul 10, 2020

There are many factors that are taken into account on a claim of trademark infringement. Generally speaking, trademark infringement is the unauthorized use of a trademark in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake among consumers... Read more »

3 Answers | Asked in Business Law and Trademark for Tennessee on
Q: If I download a photo of actors and edit it to make it look like a sketch or art, can I use it commercially?

If I download a photo of actors or musicians or other public persons and edit it to make it look like a sketch or art, that makes it look significantly different, can I use it for commercial projects like T-Shirts or Mugs?

Barbara Berschler
Barbara Berschler answered on Apr 27, 2020

Given that most famous people have the Right to Publicity, meaning how they exploit their own fame, you will not be able to use their likeness without their permission. Best to consult with local business/intellectual property counsel to understand fully what the Right to Publicity entails.

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1 Answer | Asked in Trademark for Tennessee on
Q: I see here someone has a trademark for words wild cherry for clothing. I have it painted on side of my van. illegal?
Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 8, 2020

Depend on the use you are giving the words on your van.

If they are used to represent delivery of cherries or wild cherries, most likely you are not infringing on the rights of others.

IF YOU are using it for clothing, then that would be a different story.

Consult with an attorney.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: Can I put my trademarked brand on characters wearing my brand like Bart Simpson, Goku, or Spider-Man?

Photoshopped or free and drawn.

Barbara Berschler
Barbara Berschler answered on Apr 4, 2020

Because all of those characters are either protected under copyright on trademark, your proposed activity would result in infringement. To help you better understand the implications of such intellectual property rights, both the Copyright Office and USPTO have excellent informative websites. I... Read more »

Q: Iv learned to draft a patent, my patent is beautiful, I may need an attorney to assist in litigation.

I am the inventor of web cam covers of which I have a provisional application. I'm looking for an attorney to assist in possible litigation, an attorney of whom will take a contingency case. This has already been proved I have a rock solid case. Davison or invention land tried stealing my idea... Read more »

Peter D. Mlynek
Peter D. Mlynek answered on Apr 2, 2020

Sorry, but there is very little chance of any attorney taking your case. For several reasons.

Firstly, just because you've filed a provisional application, does not mean that you have a patent. You need to file a regular application, prosecute it, and have the patent issue before you...
Read more »

2 Answers | Asked in Trademark for Tennessee on
Q: Can my logo that is a registered trademark change the background color while still keeping its tradmark
John Martin Hilla
John Martin Hilla answered on Mar 2, 2020

If you filed a design mark application with a color specimen and registered it with color, the registration protects that specific design exactly as filed. Changing the color will remove the design or logo from the umbrella of protection offered by the USPTO registration.

This is why,...
Read more »

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1 Answer | Asked in Trademark for Tennessee on
Q: is old time saturday and original old time saturday violate trademark laws
Tania Maria Williams
Tania Maria Williams answered on Feb 23, 2020

I’m not sure what you’re asking exactly. If your asking if the second name infringes on the first, the answer is possibly. It depends on the class of goods and services. If you’re asking if they infringe another mark, I would have to know what that mark is to be able to better assist you.

1 Answer | Asked in Trademark for Tennessee on
Q: How do I go by responding to a abandoned trademark
Jason Brooks
Jason Brooks answered on Nov 7, 2019

A trademark application or registration can be considered abandoned for a number of reasons, but there are actions you can take to reverse it.

If you or someone else has applied for a trademark, but for some reason did not continue the process after receiving an Office Action or Notice of...
Read more »

1 Answer | Asked in Trademark for Tennessee on
Q: The word Heathen is the name of a religion and set of beliefs. How did someone get granted a trademark on it?

A friend of mine and some others have had their products pulled from their online stores because of trademark on the word Heathen. Heathen is the name of a religion and spiritual practice followed and used by countless people and religious organizations around the world. How could someone have been... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Sep 16, 2019

Any word can be registered for trademark purposes, as long as it meets with certain requirements.

Just because it is a common name it does not mean that it can not be registered.

sorry for what is happening to your friends.

always consult with a branding attorney before...
Read more »

1 Answer | Asked in Copyright, Business Formation, Business Law, Intellectual Property and Trademark for Tennessee on
Q: I'm starting a new brewery with friends, and we want to know how soon we need to copyright our products?
Peter D. Mlynek
Peter D. Mlynek answered on Sep 25, 2018

Congratulations on your new venture! I hope that it is a great success.

You can start to protect your intellectual property right away. The most important for you will likely be trademarking your product names, logos, etc. You can file for federal registrations before you ship your first...
Read more »

1 Answer | Asked in Trademark for Tennessee on
Q: How similar can a business name be to another business without infringing trademark law?

My business name is similar to another business’s name, but I am unsure whether it is similar enough to constitute trademark infringement. Example of the situation I am facing (not actual company names): Company A is named Bob’s Cupcakes. Company B is named Bob Smith’s Cupcakes. Would... Read more »

Benton R Patterson III
Benton R Patterson III answered on May 11, 2018

An attorney would need to know much more than just the two names to answer this questions. There are a variety of factors to consider, such as the similarity of products and how the two marks are presented to consumers. It is also important to know who used the mark first and what is claimed in... Read more »

1 Answer | Asked in Consumer Law, Products Liability and Trademark for Tennessee on
Q: How can I stop a trademark that someone has made that isn’t theirs to trademark?
Michael Gerity
Michael Gerity answered on Feb 1, 2018

If a person has a legitimate basis for objecting to a trademark application filed by another, there are a couple of approaches that can be pursued. One is to contact the other applicant and attempt them to abandon the application based upon whatever basis there is for objection. Another is to... Read more »

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