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Utah Trademark Questions & Answers
2 Answers | Asked in Copyright, Intellectual Property and Trademark for Utah on
Q: Hello gentlemen of Justia,I am starting a new collectible trading card game and I would like to Copyright the name.

I am starting a new collectible trading card game and I would like to Copyright the name before start all the design and PR. Is there a way to check if names are copyrighted or not? And Also, if a name is copyrighted but under another category (videogames for example), what happen?

I would... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 15, 2024

The concern is with trademarks, not copyright. You should consult an experienced trademark attorney to review your plan, research existing marks and assist with the selection of a mark that you will be able to register for exclusive use in the relevant market. If the game will be distributed in... View More

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for Utah on
Q: Hello gentlemen of Justia,I am starting a new collectible trading card game and I would like to Copyright the name.

I am starting a new collectible trading card game and I would like to Copyright the name before start all the design and PR. Is there a way to check if names are copyrighted or not? And Also, if a name is copyrighted but under another category (videogames for example), what happen?

I would... View More

James L. Arrasmith
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answered on Jan 17, 2024

To protect the name of your collectible trading card game, you should consider trademark registration, not copyright. Copyrights protect original works of authorship, like books and music, while trademarks protect brand names, logos, and other identifiers of the source of goods or services.... View More

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1 Answer | Asked in Gaming, Copyright, Intellectual Property and Trademark for Utah on
Q: Can I use "K9" for a Dog Kennel, Gaming Community, or any Publicly Official Name and risk legal trouble?

I am considering a few ideas and want to relate them to my dog. I have a dream of owning and running a Dog Kennel and Breed Dogs Officially and I have a Gaming Community that is looking for an Official Name. I would like to relate it with K9. I know K9 is often referring to Federal Working Dogs and... View More

James L. Arrasmith
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answered on Dec 4, 2023

Using "K9" in the name of your dog kennel or gaming community is generally permissible, as "K9" is a common term used to refer to dogs, particularly in the context of police or military dogs. The term itself is not typically subject to copyright because it is considered a... View More

2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: Trademark 88412652 can i apply for that trademark
James L. Arrasmith
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answered on Sep 24, 2023

To determine if you can apply for the trademark associated with serial number 88412652, you'll need to check its current status in the United States Patent and Trademark Office (USPTO) database. If the trademark is listed as abandoned or expired and there are no other conflicting marks, you... View More

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2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: Trademark 88412652 can i apply for that trademark
Felicia Altman
Felicia Altman
answered on Sep 20, 2023

When looking at the USPTO this mark is shown as abandoned. If the USPTO mark the trademark as dead then it is no longer protected and someone else can file for the mark. If the mark is still in-use and registered/active another individual or company would be unable to register for the mark.

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2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: Can I use the same color in general with an app and we do similar business but different UI designs

Is it possible for me to use a color? "blue" which another business already uses, we are similar businesses but our app layout is very different.

David Aldrich
David Aldrich
answered on Aug 3, 2023

Someone can always sue; the important question is whether someone would have a reasonable case against you. Usually, color alone is not sufficient to establish an enforceable trademark right, but there are exceptions, when a color has become associated with a particular product in the minds of... View More

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2 Answers | Asked in Trademark and Intellectual Property for Utah on
Q: Can I use the same color in general with an app and we do similar business but different UI designs

Is it possible for me to use a color? "blue" which another business already uses, we are similar businesses but our app layout is very different.

James L. Arrasmith
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answered on Aug 6, 2023

In general, using a common color like "blue" in a business application is not likely to be considered trademark infringement, especially if the overall design, layout, and branding are distinct. Trademark protection usually requires a specific combination of elements that create a unique... View More

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1 Answer | Asked in Trademark for Utah on
Q: If a Trademark status is "Status800 - Registered and Renewed" Does that mean company keeps the trademark forever?

So my point comes from that Sony Pictures Television owns the animated show "the critic" trademark, the show was created back in the mid 90s. I want to only hope that Sony keeps the trademark of the show. Its just a matter of do they have complete control of the trademark when its filed... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 16, 2023

DRAGON TALES was registered for "entertainment services in the nature of an ongoing children's television series" in 2000 by Columbia Pictures Television and the registration is now owned by Sony Pictures Television. The registration was renewed in 2019 for another ten-year term,... View More

1 Answer | Asked in Intellectual Property and Trademark for Utah on
Q: Can I use the tagline "The Whoniverse, the Multiverse, to infinity and beyond..." in a logo for a travel agency

I am designing a logo for a travel agent that will be used at comic conventions and similar fan experiences to advertise a service that arranges travel to such conventions.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 22, 2023

Although there are trademark registrations for marks including the words WHONIVERSE and MULTIVERSE, use of these words in a slogan should be considered fair use and not infringing as they are generic terms.

2 Answers | Asked in Trademark for Utah on
Q: Is it possible to use RL (from Ralph Lauren) In our brand name? Like RL clothing, RL vintage etc.
Eugene Vamos
Eugene Vamos
answered on May 4, 2023

In short, No. RL is part of a portfolio of trademarks that protect the Polo Ralph Lauren empire. I strongly suggest that you do not pursue this trademark as it will immediately incur the wrath of Polo Ralph Lauren and its lawyers.

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1 Answer | Asked in Copyright and Trademark for Utah on
Q: I want to make some NFT art. Is there a way i can use comic characters, people's likenesses or mythical gods legally?

My art wouldnt be a copy and paste situation. For example, Its more or less a 3d sock puppet that looks like superman.

Steve Charles Vondran
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answered on Jan 19, 2022

Generally speaking, you need to be careful when tying to use copyrighted pictures, images, characters, or real living third party persons in your NFT's. I know this is a new area of technology, but traditional principles of copyright law still exist. Unless you are making a COLLAGE, for... View More

1 Answer | Asked in Trademark for Utah on
Q: I have some questions that I have about an LLC that I started that might already be trademarked in a different state

If the LLC is already trademarked does that mean I cant start my LLC? The company that has that name looks like they've been inactive for sometime, or could I patent the name? Or does it not matter since its in a different state?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 28, 2021

You need to consult with an attorney.

The use of a name in a company name may or may not be indicative of a brand use.

And you would need to do a trademark search and analysis to find out your options.

4 Answers | Asked in Intellectual Property and Trademark for Utah on
Q: Is the name of my podcast infringing a trademark, and should I change it?

I have a podcast, and we are just coming up on 10 episodes this weekend. After a google search, and I don't know why I didn't think to do this before, we realized that there is another podcast by the same exact name as ours! In fact, there are two or three. I'm worried we could get... View More

Omar Darwich
Omar Darwich
answered on Jun 29, 2021

So I don't want to sound like Im beating a dead horse, but you should consult with an attorney.

That might not be enough to pass the likelihood of confusion test or perhaps there might not be a need to add that subtitle.

consult with an attorney! we dont bite

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2 Answers | Asked in Trademark for Utah on
Q: How much does a trademark cost?
Drew Chalfant
Drew Chalfant
answered on Feb 25, 2021

The application itself will cost $250-$350 for each "class" of goods and services that you file in. For example, if you offer candles for sale, and candle making classes under the trademark "Wickzy", you would likely want to file in both classes in the same application. Many... View More

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2 Answers | Asked in Trademark for Utah on
Q: If my product is not one listed in 'goods and services' can I still use the trademarked word?
Stephen Kontos
Stephen Kontos
answered on Oct 5, 2020

It's possible, but you should talk to a trademark lawyer to confirm. If the federal registration does not list your particular goods or services, the owner of the mark may have acquired state or common law rights with respect to the mark used with your intended goods or services. The federal... View More

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2 Answers | Asked in Trademark for Utah on
Q: I'm trying to make a clothing brand named blase, would i still be able to or is there legal issues?
John Martin Hilla
John Martin Hilla
answered on Mar 31, 2020

Consult a trademark attorney to discuss your proposed mark in a private consultation.

Many of us offer free virtual consultations to potential clients nationwide.

The first step that is required to answer your question is to retain an attorney to conduct a thorough clearance...
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1 Answer | Asked in Copyright and Trademark for Utah on
Q: 5 years operating the website www.efymusic.com. The owner of the mark "efy" is now asking that I cease and desist.

I don't own "EFY" but have been selling music and mp3's that I do own based on their summer camp. I had a verbal "okay" from them to run it the past few years, and they have often checked in to see how things were going. Now they are deciding to pull everything close... View More

Jason Brooks
Jason Brooks
answered on Jan 24, 2019

You may still be able to register the trademark for use In Class 41 (Entertainment Services) with your scope of services limited to something like music production/distribution; but it really depends on the Summer Camps's mark - i..e how are they using it? What class are they registered in?... View More

1 Answer | Asked in Business Formation, Copyright, Entertainment / Sports and Trademark for Utah on
Q: Hello, Can you me setup an entity like Hot Pancakes has with Bella Forrest and maintain privacy for my author business?

I am the only person in my business and I really want to keep it that way. If possible. I am using ghostwriters to create the books. I handle everything else.

Wesley Winsor
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Wesley Winsor
answered on Jan 4, 2019

I am sorry, I do not understand your question. Please explain more.

Wes

1 Answer | Asked in Intellectual Property and Trademark for Utah on
Q: If I am using the name DadPoolTV for streaming online and creating content, am I violating any tradmarks for DeadPool?

I am using the username DadPoolTV for creating videos and streaming content online through Twitch.TV and Mixer.com and YouTube.

Am I at risk of violating DeadPools copyright on the name?

Griffin Klema
Griffin Klema
answered on Nov 14, 2018

The answer to your question should be obtained in a confidential setting with a lawyer, not here on a public forum. You wouldn't want a "bad" answer to be public information and then used against you later. The short answer is maybe, and I recommend you consult an attorney if you are... View More

1 Answer | Asked in Intellectual Property and Trademark for Utah on
Q: If a company has their logo elements trademarked and another company wants to sell products in the same category with

an almost identical brand logo with the same meaning, is there a way to co-exist? Can the 2nd company offer to pay an up front and/or annual trademark usage fee to the first company in order to selling similarly-branded products in the same category? If so, what is a customary fee to secure the... View More

Griffin Klema
Griffin Klema
answered on Nov 14, 2018

Short answer: Maybe.

Long answer: It depends on the willingness of the first company (who has the trademark registration) to either license its trademark rights, or otherwise work out a deal with the second company to allow a potentially confusingly similar mark to exist in the same market....
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