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Tennessee Trademark Questions & Answers
1 Answer | Asked in Copyright, Trademark and Intellectual Property for Tennessee on
Q: If someone is using the word Steelers in a new “business” adventure because he loves the Steelers can he be shut down?

Like is this copy infringement of the name. Its called “Steelers auto detailing” his photo he’s using for advertisement is also black and yellow…

James L. Arrasmith
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answered on Jun 26, 2024

To answer this question, we need to consider trademark law and how it applies to this situation. Here's a breakdown of the key points:

1. Trademark protection: The term "Steelers" is likely a registered trademark of the Pittsburgh Steelers NFL team. Sports teams vigorously...
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2 Answers | Asked in Trademark and Intellectual Property for Tennessee on
Q: I have registered one domain by name WATSONX.NET for financial services industry! IBM objects. No trade mark. Help me.

No any trademarks registered in this name. But IBM objects. Please help me to draft a mail to them. Most urgent . Thank you so much. Regards Sankar S.K.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 27, 2023

There are several federal trademark registrations of marks including WATSON, which is a surname. IBM does not have an exclusive right to the word, and does not have a registration in the category for financial services, so you should be able to register WATSONX.

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2 Answers | Asked in Trademark and Intellectual Property for Tennessee on
Q: I have registered one domain by name WATSONX.NET for financial services industry! IBM objects. No trade mark. Help me.

No any trademarks registered in this name. But IBM objects. Please help me to draft a mail to them. Most urgent . Thank you so much. Regards Sankar S.K.

James L. Arrasmith
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answered on Sep 28, 2023

In your email to IBM, politely explain your intent to use the domain "WATSONX.NET" for financial services and clarify that there are no existing trademarks associated with that name. Request more information regarding their objection and express your willingness to address any concerns... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: What if the Status602 - Abandoned-Failure To Respond Or Late Response in a trademark was not mine can I obtain it?

What steps do I need to take?

James L. Arrasmith
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answered on Sep 11, 2023

Absolutely, if a trademark application has reached a status of "602 - Abandoned-Failure to Respond or Late Response," it means that the previous applicant has lost their rights to that trademark due to their failure to respond to a USPTO office action within the allotted time frame.... View More

2 Answers | Asked in Trademark and Intellectual Property for Tennessee on
Q: How can I claim a Status602 - Abandoned-Failure To Respond Or Late Response in a trademark
T. Augustus Claus
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answered on Sep 5, 2023

Claiming a "Status 602 - Abandoned-Failure To Respond Or Late Response" in a trademark application or registration involves several crucial steps. First, you should access your USPTO account and review the current status of your trademark. It's essential to carefully examine any... View More

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2 Answers | Asked in Trademark and Intellectual Property for Tennessee on
Q: How can I claim a Status602 - Abandoned-Failure To Respond Or Late Response in a trademark
James L. Arrasmith
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answered on Sep 7, 2023

To claim a "Status 602 - Abandoned-Failure to Respond or Late Response" in a trademark case, you would need to have failed to respond to an action from the United States Patent and Trademark Office (USPTO) in the allotted time frame or not responded at all. To rectify this, you might... View More

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1 Answer | Asked in Trademark and Intellectual Property for Tennessee on
Q: I want to use a phrase that is to be trademarked on merchandise that I am selling what do I need to do?

The phrase is "Keep America Gay". It is owned by Keep America Gay Corporation but I am unable to find this entity anywhere nor can I find a point of contact.

James L. Arrasmith
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answered on Mar 15, 2023

If you want to use a phrase that is already trademarked by someone else, such as "Keep America Gay", you will need to obtain permission from the trademark owner. Here are some steps you can take:

Conduct a trademark search: Before using a trademark that belongs to someone else,...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Tennessee on
Q: I am looking to create my own line of word puzzle books/app. To what extent can I use names and other IP?

Can I use team names from the NHL? Or a list of movies in the MARVEL Cinematic Universe? A list of books written by Stephen King? I want to expand my hobby to the creative side, but don't want to open myself up to a copyright or trademark lawsuit.

James L. Arrasmith
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answered on Feb 25, 2023

Using names and other intellectual property (IP) in your own work without permission or a license may infringe on the rights of the owners of that IP, potentially leading to legal issues such as copyright or trademark infringement.

Using team names from the NHL, a list of movies in the...
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1 Answer | Asked in Copyright, Business Law, Intellectual Property and Trademark for Tennessee on
Q: Could I use black label as a company name or no?

I am establishing a small business and coming up with a company name is confusing to say the least. We will be a soap and skincare company.

James L. Arrasmith
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answered on Feb 25, 2023

It's difficult to give a definitive answer without knowing more details about your business and the products you plan to sell, but in general, using "Black Label" as a company name may be problematic because it's a common term that is used by many companies in various... View More

2 Answers | Asked in Intellectual Property and Trademark for Tennessee on
Q: Please explain the following?

I am looking to trademark the name Bitsy Boop. I found THIS on your website: BITSY BOOP - Trademark Details

Status: 710 - Cancelled - Section 8

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 30, 2023

BITSY BOOP, with a design of a little girl, was registered by the Hearst corporation in 1998 for tee shirts, and one half of Hearst's interest was assigned to Fleischer Studios in 1999. The joint owners failed to maintain the registration with a required statement of continuing use in 2005,... View More

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1 Answer | Asked in Trademark for Tennessee on
Q: If an application has been made for a name to be trademarked, can that name be used until the trademark is issued?

How long does it typically take for a trademark to be issued?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 27, 2023

Federal trademark registration is not necessary for use of the trademark, and the mark may continue to be used by its owner pending its registration. Until the registration has been issued, however, its owner does not have the ability to sue in federal court for its infringement.

Current...
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1 Answer | Asked in Trademark for Tennessee on
Q: Can I claim a trademark with status: 606 - abandoned - No Statement Of Use Filed. How much will it cost me?
James L. Arrasmith
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answered on Jul 19, 2024

You can potentially claim a trademark that is listed as "abandoned - No Statement Of Use Filed," but you would need to refile for the trademark yourself. An abandoned trademark is one that the previous applicant did not complete the required steps to maintain.

You would need to...
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1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Tennessee on
Q: Does claim 20030136149 (publication number) mean that I can't personally make morse code bracelets and sell them?

I am planning on making them and selling them in the Gatlinburg and Pigeon Forge area of TN. We would get a small business license, and pick our own messages. But I'm wondering if I legally can't, based on this patent. And if this patent doesn't stop me, are there other patents that... View More

Carl Massey Jr
Carl Massey Jr
answered on Sep 16, 2022

This is not a patent. It is a published patent application that was abandoned a long time ago. If you need a patent search to see if any other patents out there would present a problem, you're gonna have to engage a patent professional. But this patent application would not be a problem.

1 Answer | Asked in Trademark for Tennessee on
Q: I am a country musician planning a show named He-Haw. Is it too similar to Hee-Haw and in danger of trademark infringeme
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 26, 2022

HEE HAW was registered as a mark for entertainment services in 1992 and has been renewed. Your proposed mark would be considered infringing if used for similar services, and the minor difference in spelling is of no significance.

1 Answer | Asked in Business Formation, Business Law and Trademark for Tennessee on
Q: How do I get licensed to sell tumblers and products that say tennessee or vols in my small business
Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 20, 2022

Try this web site:

https://clc.com/

1 Answer | Asked in Business Formation, Copyright and Trademark for Tennessee on
Q: Can I use business name "Bath and Body Goods" or "Bath & Body Goods" without being sued by "Bath & Body Works"?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 12, 2021

Very likely you will get sued. Don't do it.

1 Answer | Asked in Trademark for Tennessee on
Q: How can I prevent my business name being stolen without it being trademarked?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 29, 2021

You need to be watchful whether registered or not.

Use gives you some rights, but you are the one who has to enforce them.

1 Answer | Asked in Trademark for Tennessee on
Q: How do I get my business name trademarked and how long does this process take? What are the fees?
Robert Kost
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answered on Nov 29, 2021

You may be able to obtain a federal trademark for your business name in connection with the goods or services you offer. To do so, you will file an application with the United States Patent & Trademark Office, describing the mark and the class(es) of goods and services the mark will relate to.... View More

3 Answers | Asked in Trademark for Tennessee on
Q: Can I trademark the phrase ‘the smoky mountains are calling’?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 17, 2021

Yes you can, maybe

Consult with an attorney

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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

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