Lawyers, Answer Questions  & Get Points Log In
Texas Trademark Questions & Answers
2 Answers | Asked in Copyright, Trademark and Intellectual Property for Texas on
Q: If I have created a cartoon character (original drawing) how do I protect it from being used (name or design) by others?

I have a character that I have designed and I have a name for that character. I plan to feature the character in merchandise, apparel, comic strips, digital media, original stories, posters and other artwork. How can I protect my character and character name from being used by other businesses or... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Oct 8, 2022

The cartoon character can be the subject of a copyright registration, and its name can be a registered trademark.

You should register the copyright of a set of drawings that show the character in various poses from different angles.

Then, if the name of the character is novel and...
Read more »

View More Answers

1 Answer | Asked in Trademark for Texas on
Q: Can i use the word MyNirvana as my company name? The word Nirvana is trademarked
Erik Špila
Erik Špila
answered on Sep 22, 2022

This depends on other circumstances such as similarity of goods or services you would like to offer under MyNirvana. It also depends on the territory in which you would like to use your company name and in which the word Nirvana is registered as trademark.

I would highly recommend you to...
Read more »

1 Answer | Asked in Copyright and Trademark for Texas on
Q: I own an Instagram account that is the name of a company and they are wanting me to delete or hand it over.

I do post content relative to their service/product but I can remove or change it. I also added “Not affiliated with business name” in the bio.

Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 8, 2022

This question lacks sufficient detail to provide a meaningful answer. These types of demands are rather frequent and they are always very fact-specific. Sometimes those demands are warranted and sometimes not. The most important question here is whether the company that sent you that demand can... Read more »

3 Answers | Asked in Trademark for Texas on
Q: can we reinstate this trademark with Serial Number88894416
Sergiy M Sivochek
Sergiy M Sivochek
answered on Aug 1, 2022

U.S. federal trademark application No. 88/894,416 ( for the mark DR. D'S REMEDIES " GIVING LIFE TO LIVES" and design) was abandoned on February 16, 2021 for failure to respond to the USPTO's Office Action (an official letter asking to make changes or refusing to register a mark... Read more »

View More Answers

1 Answer | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Texas on
Q: Is it legal to use screenshots from software I've purchased, in training course material I create and sell - screenshots

only, not the software itself - without compensation to or permission of software seller?

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on May 3, 2022

There is not a patent question here. This is a question of your end user agreement and possibly copyright law.

1 Answer | Asked in Copyright and Trademark for Texas on
Q: Can I legally use the name Soul Snatcher for fishing lures and tackle?

This will include soft and hard baits, fishing rods, fishing accessories, and apparel.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 30, 2022

There is a live registration for SOULSNATCHAS (phonetic equivalent) in the category for apparel, another for SOUL SNATCHER in the category for adult sexual stimulation aids, and a pending application for SOUL SNATCHER in an apparel-related category, so those would preclude new registrations in... Read more »

1 Answer | Asked in Trademark for Texas on
Q: I closed trademark January8, 2019 I never used it. Can it be reopened or do I need to register a new
John Martin Hilla
John Martin Hilla
answered on Mar 22, 2022

There are options to revive an abandoned mark, but it is likely at this point that you would need to file a new trademark registration application if you now intend to use it in relation to the sale of a product or service in interstate commerce.

Contact a trademark lawyer to discuss your...
Read more »

1 Answer | Asked in Trademark for Texas on
Q: I want to move my trademark to a anonymous trademark. Will people be able to see my old personal information?

Will trademark history be publicly visible?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 24, 2022

You need to consult with an attorney to map out your best strategy!

1 Answer | Asked in Trademark for Texas on
Q: how to re aquire my trademark . it status is abandoned. als0 no statement of use
Thomas James
Thomas James
answered on Nov 3, 2021

If abandonment was due to unintentional delay in filing a statement of use or responding to an office action, you may file a petition to revive the abandoned application. If it was due to USPTO error, you can file a petition for reinstatement. In either case, the petition must be received in the... Read more »

2 Answers | Asked in Trademark for Texas on
Q: If this trademark is abandoned, how can I get it for my wellness comany
Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 25, 2021

You need to consult with an attorney.

View More Answers

1 Answer | Asked in Trademark for Texas on
Q: hi I'm wanting to know if there's a way I could talk to the trademark owners of the word ''Trainwreck'' if possible?

I'm wanting to use the word in a book I'm writing, and I would like there permission

Marcos Garciaacosta
Marcos Garciaacosta
answered on Sep 3, 2021

You need to invest in a consultation with an attorney to analyze your case and provide options.

We can identify the owners and reach out to them.

2 Answers | Asked in Trademark for Texas on
Q: I am filing a trademark, I have a coming soon page, but I am unsure if I should file as Section 1a or 1b.

I have a coming soon page on my site, but I am unsure if I should file as Section 1a or 1b, because I don't know if 1a only applies to someone who is using the class specified directed to their business already.

London Davenport
London Davenport
answered on Aug 25, 2021

Section 1a can only be used if a trademark is currently used in commerce. Section 1b is for marks that are not currently in use in commerce, but will be in use in commerce at a later date. Section 1b has some additional fees. You should consult with an attorney to find out which application you... Read more »

View More Answers

5 Answers | Asked in Trademark for Texas on
Q: How can I trademark my podcast name?
Bill Hulsey
PREMIUM
Bill Hulsey PRO label
answered on Jul 7, 2021

Yes, just as with any service mark. As long as it is not confusingly similar to another's podcast or similar product/service name.

View More Answers

2 Answers | Asked in Trademark and Gaming for Texas on
Q: I have a username that is called AnoyingOrang, and I want to know if I’m able to trademark that username, if so, how?

I want to be able to keep this username for a very long time and don’t want any problems with other company’s or the YouTube Annoying Orange. Need help in understanding trademarking. I have a gaming account with the username AnoyingOrang and would like to move further with that account name.... Read more »

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 23, 2021

You need to consult with an attorney, so she can do a search and an analysis of the strenght of the mark.

View More Answers

1 Answer | Asked in Copyright and Trademark for Texas on
Q: How do I go about using an item that is licensed for my small business printing? Please advise.
Marcos Garciaacosta
Marcos Garciaacosta
answered on May 21, 2021

Contact the company that handles the licenses and ask for one.

Contact an attorney for further assistance.

1 Answer | Asked in Business Law, Trademark, Copyright and Intellectual Property for Texas on
Q: A nonprofit organization voluntarily dissolved, there was a trademark name held by the organization, can I acquire it?

The nonprofit voluntarily dissolved as of 4/30/2021 and will not be re-organizing. They held a trademark which according to the USPTO there's been no action on it since 2016 and doesn't reflect an "assignment." I have a similar nonprofit and would like to acquire that... Read more »

Evelyn Suero
Evelyn Suero
answered on May 2, 2021

The USPTO will refuse to register a trademark when an identical or similar trademark is already registered. Typically, when a nonprofit is dissolved, it is required to transfer all of its assets and property to another nonprofit. It is possible that another organization may now own the mark.... Read more »

1 Answer | Asked in Trademark for Texas on
Q: Someone trademarked CHEBE HAIR GREASE can my own product be named CHEBE MAGIC HAIR GREASE or CHEBE ORGANIC HAIR GREASE
Evelyn Suero
Evelyn Suero
answered on Mar 12, 2021

Using a trademark that is confusingly similar to another trademark being used in the same or related class/category of goods or services could be deemed infringement and will likely be a barrier to trademark registration. Using the same dominant words in the trademark may increase the likelihood... Read more »

1 Answer | Asked in Trademark for Texas on
Q: I sought your help in 2017 with this trademark. How much would you charge me now for two musician clients who want to

trademark their musical names?

Jason Brooks
Jason Brooks
answered on Feb 18, 2021

This is a legal directory and so your question is being presented to an entire legal community and not directed to whomever helped you originally. With that said, I or any of the attorneys on this platform can help you out. Our contact information is listed in each of our profiles and would be... Read more »

2 Answers | Asked in Trademark for Texas on
Q: Could I sell something that I make that says “I am Groot.” Or would this be against trademark law
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jan 24, 2021

Depends on who is Groot and if somebody owns it

Consult with an attorney

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.