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Texas Trademark Questions & Answers
1 Answer | Asked in Trademark for Texas on
Q: What does"Disclaimer with predetermined text" mean in regard to a trademark?
Barbara Berschler
Barbara Berschler answered on May 7, 2020

Usually the examiner wants it clear that you are "disclaiming" any right to a generic word. For example, if you used the word "association" in your mark, you do not acquire any rights in that word. Anyone can use the same word in their mark.

2 Answers | Asked in Gaming and Trademark for Texas on
Q: How to inquire about an individual's intent to sell goods/services in order to discover if I might infringe a trademark?

I have been developing a video game for more than a year now. Early on, I did a google and TESS search for any similar products, in the same class, with the same name. Nothing existed at that time, but I neglected to register a trademark for the name.

Searching this time around, there still... Read more »

Evelyn Suero
Evelyn Suero answered on May 1, 2020

Contact the blog owner and inquire if they can put you in contact with the student. Note however that an intent to use is not the same as actual, continuous use in commerce. In the United States, the general rule is that trademark rights are based on priority of use in an actual business or trade.... Read more »

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3 Answers | Asked in Trademark for Texas on
Q: Approximately how much would it cost to get a word mark trademarked?

Word mark for a brand ie Clothing, footwear, headgear. Goods and services etc

Bill Hulsey
Bill Hulsey answered on Apr 30, 2020

$1,200 legal fees; $225 USPTO fees -> $1425

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1 Answer | Asked in Copyright and Trademark for Texas on
Q: Since N.W.A is trademarked can I use N.W.A Investment group. As the term means something completely different?

Never Work Again investment group

Barbara Berschler
Barbara Berschler answered on Apr 15, 2020

When you say N.W.A. is trademarked, do you mean it is a registered trademark with the USPTO? If that is the case, then you need to examine what classes has the person registered or applied for. For example, it sounds like you want to offer financial advice services. What are the good or services... Read more »

2 Answers | Asked in Trademark for Texas on
Q: interested in obtaining the rights to cancelled AMIGA trademark serial # 73571532. was wondering how to do that legally

from what i understand it was abandoned in 2017

Tania Maria Williams
Tania Maria Williams answered on Apr 9, 2020

Just because a mark is abandoned doesn't mean it's not still in use and the person may have common law rights. I would suggest enlisting the help of an attorney who can help you do a thorough search. Feel free to contact me at tania.williams@williamsfirmpa.com or 561-370-7396.

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1 Answer | Asked in Products Liability and Trademark for Texas on
Q: Can I use portions from a beer bottle label to create products to sell, or is this in violation of trademark law?

I wouldn't be using the entire paper label from a used beer bottle that has been discarded. Portions of a trademarked logo or word maybe visible on some pieces but not others. It is all based on what I can and cannot use from the beer bottle paper label that is not damaged. I am unable to find... Read more »

Barbara Berschler
Barbara Berschler answered on Apr 3, 2020

Your question touches on several intellectual property issues, most notably trademark and copyright. Whoever owns the copyright rights in the label's design does not loose them simply because the bottle it was attached to has been discarded or the label ripped. Similarly, if the portion of... Read more »

2 Answers | Asked in Intellectual Property and Trademark for Texas on
Q: If a company filed bankruptcy and abandon their trademark and you went ahead and started the same business and filled

For the trademark that was once abandon, can that old company come after you with a cease and desist letter or I would need to pay them for using their name , And if so then what’s my right?

Tania Maria Williams
Tania Maria Williams answered on Mar 25, 2020

Just because a company filed bankruptcy doesn't mean they're not still using the mark in commerce. There are different types of bankruptcy and not all result in the company no longer doing business. Also, there are common law rights a trademark owner has once they continue to use the... Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: Can I create a trademark called "Stay Classy Girl" if "Stay Classy" is already taken?
Tania Maria Williams
Tania Maria Williams answered on Mar 23, 2020

It depends on the class of goods and services and potential related goods or services that the marks protect. Just because a term is registered in one class doesn't mean a person cannot use it for different goods and services. The test is whether there is a likelihood of confusion among... Read more »

1 Answer | Asked in Consumer Law, Employment Law and Trademark for Texas on
Q: Can I open a boutique with my daughters name and her middle name. The boutique would be called A*** Rose Boutique?

The clothing is aimed towards teens and older girls can I get in trouble for using the name since Rose is trademarked but there other boutiques using it? I’ve also have tried about 50 other names but they’re all taken so this is my last option hopefully.

Tania Maria Williams
Tania Maria Williams answered on Feb 25, 2020

The trademark examiner will be looking for a likelihood of confusion for other marks within the same class. Use of the word “Rose” doesn’t necessarily preclude your use of the word but enlisting an attorney to do a comprehensive trademark search is your best bet. Sometimes, I have helped... Read more »

1 Answer | Asked in Trademark for Texas on
Q: We want to host a event called Big Smoke Dallas. There is a TM called "Big Smoke". Can we use Big Dallas Smoke?

We have a DBA under our LLC called Big Smoke Dallas. This TM "Big Smoke" already exist and they have asked us to change our name. We are thinking of change it to Big Dallas Smoke but want to make sure it does not infringe.

Robyn T. Williams
Robyn T. Williams answered on Feb 10, 2020

If the BIG SMOKE trademark is registered for use in the same Class (or a Class within the zone of natural expansion) in which your use of "Big Dallas Smoke" falls, then the BIG SMOKE registrant may assert that you are infringing its trademark rights. The answer to whether you actually... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Trademark for Texas on
Q: How are business owners split? If we have a trademark with three owners how do we know who is the main owner?

Puffington is the trademark, Ernest nornie(one of the owners) has gone astray and moved and is trying to take the whole business... how do we counter that?

Tania Maria Williams
Tania Maria Williams answered on Feb 10, 2020

I am not licensed in Texas and can't give legal advice on the non-federal law portion of the question. However, regarding the trademark, it depends on who is the registered owner and what the operating agreement for your business says. If the company owns the mark, instead of a particular... Read more »

1 Answer | Asked in Business Law, Copyright and Trademark for Texas on
Q: I came up with a slogan for my dads company, unaware another company was using it first w/o TM, can we legally TM it?

I asked this question about 5 days ago, but got no answer. I came up with a slogan for my dads company, and even bought the web domain for it, but later found out another organization had been using it first, by sheer coincidence. They don't have it trademarked from what I can tell, so can I... Read more »

Tania Maria Williams
Tania Maria Williams answered on Feb 3, 2020

Trademark rights are based on use and a person does not have to register their mark with the USPTO to have common law rights in the mark. Because of that, the other organization's use may be paramount to yours in the jurisdiction where they have been using it even though you won the domain... Read more »

1 Answer | Asked in Trademark for Texas on
Q: Can i put bmw image on a print on demand t-shirt?

I wan to open an online clothing store and i was thinking to make some t-shirts with bmw m power images. Am i allowed to this?

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 5, 2020

No

bad idea

BMW could come over you at any time

too much risk

1 Answer | Asked in Trademark for Texas on
Q: Is the trademark “bee happy” available for purchase?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 15, 2019

you need to work with an attorney to understand the availability of the trademark. you did not indicate where you want to use it or under what usage conditions.

www.legalbizglobal.com

1 Answer | Asked in Business Law, Intellectual Property and Trademark for Texas on
Q: Would I be able to use the name Leafly for a retail space name? what are the restraints &/or rights of Leafly Holdings ?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 9, 2019

depends on how it is used and if they have registration or not, and if it would confuse people into buying from you when they intended to buy from them.

marcos.e.garciaacosta@gmail.com

www.legalbizglobal.com

1 Answer | Asked in Trademark for Texas on
Q: "Red White & Due" is trademarked for T-shirts. Can I use the phrase "Red White & Almost Due"?

For Etsy sales

John Martin Hilla
John Martin Hilla answered on Jul 2, 2019

You are asking for specific legal advice with this question, and it is not likely that anyone will respond with any particularity without a retainer agreement and retainer fee. In responding to this question as phrased, an attorney would be creating an attorney-client relationship and subjecting... Read more »

1 Answer | Asked in Trademark for Texas on
Q: Can I trademark the slogan, "Bleed Verde" if there is already a slogan trademarked "Bleed Green"?
John Martin Hilla
John Martin Hilla answered on Jun 17, 2019

It is likely, depending on the difference in the products or services for which that tag-line may be registered, that you will receive opposition to an application for registration with the USPTO.

When considering an application for trademark registration, the USPTO considers the English...
Read more »

1 Answer | Asked in Gaming and Trademark for Texas on
Q: I made esports org called alleliteclan was wondering if I could use it if there’s a company called allelitewrestling

I want to know if I could use it that wrestling company trademarked allelitewrestling but I’m using AllEliteClan

Ahaji Kirk Amos
Ahaji Kirk Amos answered on Jun 14, 2019

Maybe. You will need a trademarkability opinion.

1 Answer | Asked in Trademark for Texas on
Q: Can you use a color out of a NBA, NFL, or MBL team color scheme? Not all colors just a single color?
Ahaji Kirk Amos
Ahaji Kirk Amos answered on May 28, 2019

It depends. I'd need more information.

1 Answer | Asked in Copyright and Trademark for Texas on
Q: Is the quote "I'm Your Huckleberry" trademarked or copyrighted?

I'm not sure which terminology fits, but either way I'm making baby onesies to sell and I want to make sure it is not illegal before doing so.

Thanks in advance.

Griffin Klema
Griffin Klema answered on Apr 11, 2019

The answer to your question isn't that simple. The scope of others' trademark rights are based on "likelihood of confusion." That means even if your slogan is not already trademarked by someone else, something similar may lead to trademark infringement liability. For example,... Read more »

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