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Tennessee Trademark Questions & Answers
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...
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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...
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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...
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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...
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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 »

2 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Tennessee on
Q: Patent/Copywrite/Trademark Question... I need some clarification.

I am starting a craft business and I have been looking into the law relevant to that. I recently read a blog post about how a person had to take down their clip art listing from Etsy because it infringed on a patent. The clip art design was a green tractor with yellow wheels. She said that there... Read more »

Kevin E. Flynn
Kevin E. Flynn answered on Jan 19, 2018

There are a lot of people that are pretty unclear on the difference between patents, trademarks, and copyrights.

I cannot see a way for John Deere to own generic images of tractors under a utility patent. They could chase protection for a particular way their actual tractor (or a toy...
Read more »

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1 Answer | Asked in Copyright and Trademark for Tennessee on
Q: I want to file a trademark for a new ministry, I need to know the cost
Benton R Patterson III
Benton R Patterson III answered on Nov 17, 2017

Filing a trademark application is easy and inexpensive. Expect a $275 fee to the government and a small amount of professional time to prepare the application. The more expensive and complicated part of the trademark application process is responding to the government attorney's legal... Read more »

1 Answer | Asked in Copyright and Trademark for Tennessee on
Q: I'm trying to file a trademark for "WORTHY". It will include clothing branding, audio recording and live shows/concerts.

I filed with Legal Zoom before but I can't find the trademark when I search for it. It was over a year ago, so I'm thinking of just finding a Lawyer.

I need help finding an affordable, legal and professional trademark registration if I can't find the original trademark. Any assistance? Thanks.

Will Blackton
Will Blackton answered on Jun 25, 2017

Did you receive an initial response from the USPTO (usually within about three months of your original application)? It can take a year to a year and a half before your trademark registration is completed.

I would encourage you to find out the status of the application you've...
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1 Answer | Asked in Trademark and Employment Law for Tennessee on
Q: Trademark ownership... implied ownership???

If the owner of a company lets me work for them, as a part-time employee, can I then take ownership of their company?

Kevin Christopher
Kevin Christopher answered on Feb 23, 2017

Part of this depends upon how they gave you permission. Was it a written permission to use?

1 Answer | Asked in Civil Litigation and Trademark for Tennessee on
Q: Can a non-profit organizations name and logo be owned by an individual and not the organization.

The organization has been around since 2012, one board member resigned and board denied him to return in November and he files a trademark on the name and logo in December. Is that even legal?

Kevin Christopher
Kevin Christopher answered on Feb 20, 2017

There are common law (i.e. state law) protections available when a name or logo has been used in conjunction with a business activity before it is officially registered or an application made for registration. These rights would in most cases supersede a new application. Also, the individual could... Read more »

1 Answer | Asked in Trademark for Tennessee on
Q: If someone has trademarked a name for a good, can I use a similar name for a service?
Kevin Christopher
Kevin Christopher answered on Feb 20, 2017

Possibly, so long as the good and service are not confusingly similar to the average Joe. You might also be able to vary the mark by stylizing the name of the good in the creation of your logo, providing more grounds for a successful application.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: Copyright/trademark infringement by a third-party who isn't stopping.

I am a Seattle-based freelance designer that created a logo in 2014 for a client in TN. That client is AnchorYourSoul.com, and the logo was discovered to being used by someone else in 2015. We both told her to cease and desist using it in her social media channels and website. She complied, but... Read more »

Will Blackton
Will Blackton answered on Feb 3, 2017

Have you filed for copyright protection for the image? If so, it's likely that an attorney would assist you for a portion of any money recovered from the person infringing. Filing for copyright protection for a single work of visual art is $35, it's $55 to file for multiple works.... Read more »

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