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Utah Trademark Questions & Answers
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
Steve Charles Vondran 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... Read 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... Read 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... Read 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... Read 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...
Read more »

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1 Answer | Asked in Copyright and Trademark for Utah on
Q: 5 years operating the website 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... Read 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?... Read 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
Wesley Winsor answered on Jan 4, 2019

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


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 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... Read 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... Read 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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1 Answer | Asked in Trademark for Utah on
Q: Would i be able to use the words "CHALLENGE YOUR MOUNTAIN" in companies tagline? And the image of my logo?
Benton R Patterson III
Benton R Patterson III answered on Jul 11, 2018

A trademark attorney would need to do a bit of research to answer this question. If you want to know if you can trademark a name or logo, you should speak with a trademark attorney.

1 Answer | Asked in Copyright, Patents (Intellectual Property) and Trademark for Utah on
Q: Can ambulance sound be used/sold as a sound effect, if it was made from scratch

if a sound, like the one used for an ambulance is made from scratch, to be sold as a sound effect, but is not the exact same, would this infringe on copyrights if such a sound were copyrighted? and if it weren't copyrighted could this in anyway break the law?

Kevin E. Flynn
Kevin E. Flynn answered on May 10, 2018

I do not see a problem with respect to patents for having an ambulance sound. While there are patents with respect to sirens, most deal with detecting a siren or other sophisticated interactions.

Chances are that your process to create a...
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1 Answer | Asked in Gaming, Intellectual Property and Trademark for Utah on
Q: If trademark is registered as board game (Goods and Services is: Board games) would it be enforceable under video games?
Andrew Zulieve Esq
Andrew Zulieve Esq answered on Jan 31, 2018

Possibly. The respective goods or services need not be identical to one another, only sufficiently related such that consumers would be expected to encounter the respective goods or services under similar buying conditions.

2 Answers | Asked in Trademark for Utah on
Q: This sounds like a silly question, but can I have a trademarked name in the title of my blog? (redstartbursts.blogspot)
Yan Zong
Yan Zong answered on Oct 13, 2017

Hey this is not silly. It depends. Not all title can be protected under trademark law. But like title of series of book can be registrable. Also if you would like to use it in other products/goods/services as well, it may be registrable. You have to look at the information you presented at the blog... Read more »

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1 Answer | Asked in Trademark for Utah on
Q: I want to start a business in Utah, however the name I am wanting is trademarked federally. Can I use this name locally?
Brian K Jackson
Brian K Jackson answered on Dec 12, 2015

It depends on how unique the name is and if you sell the same kind of goods that may cause confusion with buyers.

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