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Texas Trademark Questions & Answers
3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: It`s possible to add a new business activity, specifically fishing and fishing tools, to my existing trademark registrat

Hi! my name is Katerina,

I`m a manager in Rollun LC company, we`re owners of https://trademarks.justia.com/877/11/mototou-87711348.htm

Please let me know, if i want to add another service by classification ( goods for fishing for example) - what would be right and easier to do -... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 26, 2024

The USPTO only allows applicants and registrants to delete, restrict, or limit the goods and services included in the original application. You may not add goods or services or expand the breadth of the existing goods and services. For additional goods or services using the registered mark, a new... View More

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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: It`s possible to add a new business activity, specifically fishing and fishing tools, to my existing trademark registrat

Hi! my name is Katerina,

I`m a manager in Rollun LC company, we`re owners of https://trademarks.justia.com/877/11/mototou-87711348.htm

Please let me know, if i want to add another service by classification ( goods for fishing for example) - what would be right and easier to do -... View More

Felicia Altman
Felicia Altman
answered on Feb 26, 2024

If the mark was already filed for a separate class of goods and services, the USPTO requires a new application to be filed to protect against different or new goods and services. If the goods and services fall under a different class of registration it is best to register the mark as a new... View More

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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: It`s possible to add a new business activity, specifically fishing and fishing tools, to my existing trademark registrat

Hi! my name is Katerina,

I`m a manager in Rollun LC company, we`re owners of https://trademarks.justia.com/877/11/mototou-87711348.htm

Please let me know, if i want to add another service by classification ( goods for fishing for example) - what would be right and easier to do -... View More

James L. Arrasmith
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answered on Feb 26, 2024

Adding a new business activity, such as fishing and fishing tools, to your existing trademark registration is possible but may require careful consideration. You'll need to assess whether the new activity falls within the scope of your existing trademark and whether it aligns with the goods or... View More

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1 Answer | Asked in Business Law, Intellectual Property, Internet Law and Trademark for Texas on
Q: If I write product review articles online under the persona of a fictional character, how would I disclose that?

I am starting an affiliate marketing website to write product review, comparison, advice-type articles but creating a character which I want to credit the articles to instead of using my own name and likeness. I am trying to find out how to do this without misleading my readers but I don’t want... View More

James L. Arrasmith
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answered on Jan 1, 2024

When creating content under a fictional persona for your affiliate marketing website, it's important to maintain transparency without overwhelming your readers with disclaimers. This balance is key to establishing trust while respecting your creative approach.

A subtle yet clear way to...
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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: How would we know if the trademark was completed?
Felicia Altman
Felicia Altman
answered on Dec 2, 2023

You can look up any trademark by searching for the mark by application number, owner or actual mark on the USPTO website. The owner of the mark or the person of record will receive an email when a mark has been registered with the USPTO or if an office action is received. To know the status of a... View More

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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: How would we know if the trademark was completed?
James L. Arrasmith
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answered on Dec 4, 2023

To determine if a trademark registration process has been completed, the most direct method is to check the status of the application on the United States Patent and Trademark Office (USPTO) website. The USPTO maintains an online database called the Trademark Status and Document Retrieval (TSDR)... View More

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1 Answer | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: is a Superhero/supervillain them restaurant against copyright or trademark.

im thinking about a restaurant called H&V (heroes and villains) using my own personal collection of figures and comics to display would this be against copyright or trademark laws no names will ever be used

James L. Arrasmith
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answered on Nov 13, 2023

Creating a superhero/supervillain-themed restaurant like H&V, using your personal collection of figures and comics for display, can be a complex matter in terms of copyright and trademark laws. The key issue is whether the use of these items could be seen as infringing on the intellectual... View More

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Paint party, painting the Grinch face? It’s theirs, they pay me for supplies, teaching. They don’t sell them.

People ask me for this. No picture is sold, just my time and supplies.

James L. Arrasmith
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answered on Nov 8, 2023

Hosting a paint party where participants paint the Grinch's face involves copyright considerations, as the character is protected intellectual property. If you are providing instruction and supplies for individuals to create their own paintings for personal use, it generally falls under... View More

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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can I name a book after my blog, Waxing Poetic, even though a jewelry company has trademarked the common phrase?

I wrote this blog years ago titling it Waxing Poetic, musings on life, love, and the pursuit of joy, and then discovered later there was a jewelry company with that phrase trademarked. Waxing Poetic is an actual phrase used from the 1800s about writing or describing something in an eloquent or... View More

James L. Arrasmith
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answered on Nov 8, 2023

Using a title for your book that matches your blog named "Waxing Poetic" could potentially raise trademark concerns if the jewelry company has indeed trademarked the phrase and if your book could be perceived as being in a related category of goods or likely to cause confusion among... View More

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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can I use the phrases..... Let there be light, or Here's your sign...... as a slogan for my company?
James L. Arrasmith
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answered on Nov 4, 2023

The use of common phrases can be tricky in trademark law. "Let there be light" is a well-known biblical phrase, and "Here's your sign" has been popularized by comedian Bill Engvall. Generally, phrases that have become widely used in everyday language may be considered too... View More

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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can I use the phrases..... Let there be light, or Here's your sign...... as a slogan for my company?
David Aldrich
David Aldrich
answered on Nov 3, 2023

There are several existing trademarks for each of these. It's possible you could use it, depending on what category of goods/services your company deals in. You should consult a qualified trademark attorney, who can help you determine whether you are able to use these and if you should seek... View More

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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can I use the phrases..... Let there be light, or Here's your sign...... as a slogan for my company?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Nov 3, 2023

LET THERE BE LIGHT is a registered trademark used for ministerial services and candles, and is registered as a slogan used by the University of California for educational services and merchandise; there is also a pending application to register LET THERE BE LIGHT for decorative lighting.

If...
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3 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Can I put the letters CNN on my jacket without violating copyright.

I will not use the Networks logo just the letters printed on my jacket. Is this legal or does Warner own the letter combination?

T. Augustus Claus
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answered on Oct 16, 2023

Yes, you can put the letters CNN on your jacket without violating copyright. Copyright law protects original works of authorship, such as literary, dramatic, musical, and artistic works. The letters CNN are not an original work of authorship, so they are not protected by copyright. However, Warner... View More

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3 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: Can I put the letters CNN on my jacket without violating copyright.

I will not use the Networks logo just the letters printed on my jacket. Is this legal or does Warner own the letter combination?

Jason C Palmer
Jason C Palmer
answered on Oct 18, 2023

Copyright law does not protect short words or phrases, so you would probably not have to worry about a copyright claim arising from such a use of these letters. Trademark law does protect short words and phrases, though, and Cable News Network, Inc. owns an existing trademark registration for... View More

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4 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: I looked up our trademark and it shows as "abandoned". What does that mean? How do we get it active?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 12, 2023

If the mark was registered, the abandonment was most likely due to failure to file a statement of continuing use and specimen in the fifth year after registration. If it was an application to register the mark, most likely there was a failure to respond to an office action by the examining... View More

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4 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: I looked up our trademark and it shows as "abandoned". What does that mean? How do we get it active?
Felicia Altman
Felicia Altman
answered on Oct 14, 2023

If a mark was abandoned after registration it is generally due to failure to provide notice of continuance of use between the 5th and 6th year of registration. If a mark was abandoned prior to registration ti would be due to failure to answer an office action in a timely manner. A mark that is... View More

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4 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: I looked up our trademark and it shows as "abandoned". What does that mean? How do we get it active?
Jason C Palmer
Jason C Palmer
answered on Oct 18, 2023

A trademark that has been abandoned with the USPTO can include (1) applications that received an office action refusal but no timely response or (2) registrations for which the owner did not make a timely maintenance filing, such as a Section 9 renewal. Depending on your circumstances, there may be... View More

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4 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: I looked up our trademark and it shows as "abandoned". What does that mean? How do we get it active?
James L. Arrasmith
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answered on Oct 15, 2023

If a trademark is listed as "abandoned" on the United States Patent and Trademark Office (USPTO) database, it means that the USPTO believes the application or registration is no longer in pursuit or has lapsed due to certain reasons, such as failing to respond to an Office action or not... View More

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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: We have INREST trademark filed, 97114560.Do I need to file a new one?
David Aldrich
David Aldrich
answered on Sep 28, 2023

At this point, you would need to file a new application. When an application goes abandoned, the deadline to revive it is two months from the Notice of Abandonment. In this case, that deadline has passed, so you would need to refile a new application. If you do, you should carefully limit the... View More

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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: We have INREST trademark filed, 97114560.Do I need to file a new one?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 28, 2023

This application is dead, having been abandoned in March 2023 for failure to respond to an office action in August 2022 noting that "applicant's mark, INREST, is confusingly similar to the registered mark, INNEREST." A new application for the same mark would fail for the same reason.

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