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Virginia Trademark Questions & Answers
1 Answer | Asked in Consumer Law, Business Formation, Business Law, Intellectual Property and Trademark for Virginia on
Q: Business name registered as a LLC with the state is it illegal for someone in the same state as me?

I have sold under the name for over 10 years own the name of my business on every platform out there but 1 and just found out someone within my state is now trying to use my name to sell similar items on another platform. I do also have my name as a registered LLC and has been for over 5 years, I... View More

James L. Arrasmith
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answered on Mar 15, 2024

If your business name is registered as an LLC within your state, you generally have legal rights to that name within that jurisdiction, especially for the business category or industry in which you're operating. The fact that another entity is using your established business name to sell... View More

1 Answer | Asked in Trademark, Copyright and Intellectual Property for Virginia on
Q: How can I please know if Go and Glow Tanning Co. DC based (Navy Yard Area) we service DC, Arlington, Alexandria, Falls,

is copywrighted or trademarked

James L. Arrasmith
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answered on Mar 11, 2024

To determine if "Go and Glow Tanning Co." is trademarked or copyrighted, you can follow these steps:

1. Trademark Search:

- Visit the United States Patent and Trademark Office (USPTO) website: https://www.uspto.gov/

- Click on "Trademarks" and then...
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1 Answer | Asked in Trademark and Intellectual Property for Virginia on
Q: Should I trademark my blog name

I dont sell any merchandise. I obtain information from different sources and reword or quote. It's a blog about crime that I have on Facebook. YOUTUBE. IG AND TIKTOK

James L. Arrasmith
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answered on Dec 15, 2023

Deciding whether to trademark your blog name involves considering several factors. Trademarking can provide legal protection for your brand and help ensure that others cannot use a similar name in a way that could confuse your audience or dilute your brand's reputation.

Since your blog...
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2 Answers | Asked in Trademark and Intellectual Property for Virginia on
Q: Can I use a title for my book that consists of a phrase that is trademarked?

For example, if the phrase man to man is trademarked, can my book title be, "Man to Man: Conversations with the Guys.

James L. Arrasmith
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answered on Dec 9, 2023

Using a trademarked phrase like "Man to Man" in your book title "Man to Man: Conversations with the Guys" can be a complex issue in trademark law. Trademarks are generally specific to particular types of goods or services, and the key issue is often whether your use of the... View More

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2 Answers | Asked in Trademark and Intellectual Property for Virginia on
Q: Can I use a title for my book that consists of a phrase that is trademarked?

For example, if the phrase man to man is trademarked, can my book title be, "Man to Man: Conversations with the Guys.

T. Augustus Claus
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answered on Dec 8, 2023

Whether you can use "Man to Man" in your book title depends on a few things. If the trademark for that phrase or similar ones covers books, using it might be seen as infringement. If your book is in the same genre as the trademark, it's riskier. You could defend using it if your book... View More

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1 Answer | Asked in Business Law, Civil Litigation, Trademark and Intellectual Property for Virginia on
Q: Someone is using my business name and selling similar goods in the same are and i dont have a trademark. What do i do?

my company opened and is registered as Zen Press LLC in 2021 September in the state of VA. We have a storefront, website and instagram using that name as well. this new business is selling similar products under the name ZenPressed in Maryland which is in the DMV area October this year and also... View More

James L. Arrasmith
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answered on Nov 17, 2023

In Virginia, even without a registered trademark, you may have common law rights to the business name "Zen Press LLC" based on your use of the name in commerce since 2021. These rights are typically limited to the geographical area where you operate and are known. The situation with the... View More

2 Answers | Asked in Trademark and Intellectual Property for Virginia on
Q: Trademark question. Is “spoon la la” an acceptable trademark name for the brand manufacturing utensils/cutlery?

I understand that descriptive words are not allowed, like “bicycles” for bicycles. But if it’s a combination, such as Spoon la la - is that allowed? The brand would be selling utensils, napkins, plates, etc, and spoons is one of the items.

Fritz-Howard Raymond Clapp
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answered on Aug 26, 2023

When descriptive words cannot be claimed exclusively, the addition of unrelated whimsical text (such as "la la") does serve to make a mark sufficiently distinctive that it may function as a source identifier. The mark could be made even more distinctive by using a unique font and/or graphic element.

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2 Answers | Asked in Trademark and Intellectual Property for Virginia on
Q: Trademark question. Is “spoon la la” an acceptable trademark name for the brand manufacturing utensils/cutlery?

I understand that descriptive words are not allowed, like “bicycles” for bicycles. But if it’s a combination, such as Spoon la la - is that allowed? The brand would be selling utensils, napkins, plates, etc, and spoons is one of the items.

James L. Arrasmith
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answered on Aug 29, 2023

The name "Spoon la la" could likely pass muster for trademark registration given that it is not merely descriptive of the goods being sold. While the term "spoon" directly references an item within the product line, the addition of "la la" adds an element of fanciful... View More

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3 Answers | Asked in Trademark and Intellectual Property for Virginia on
Q: Should I file a TEAS Plus or Standard if the class IC029 has a close description of my product but is not exact?

IC 029 states "prepared meals consisting primarily of meat substitutes".. my product is plant-based snack consist of plant-based deli, cheese, and crackers (AKA Vegan Lunchables). So should I file a TEAS Plus with class 029 or TEAS Standard?

James L. Arrasmith
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answered on May 2, 2023

When deciding between TEAS Plus or Standard, it's important to consider the specificity of the description of goods and services in the application. If your product falls within the broader description of Class IC029, then you may be able to file for TEAS Plus. However, if your product does... View More

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Virginia on
Q: Can I use the word “snoopy” in my business name if there is no reference to the character in the rest of my business?
James L. Arrasmith
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answered on Mar 29, 2023

Using the word "Snoopy" in a business name could potentially infringe on the trademark rights of the Peanuts brand and its owner, which could result in legal action. While there may not be any direct reference to the character in the rest of your business, the use of a well-known... View More

1 Answer | Asked in Intellectual Property and Trademark for Virginia on
Q: I need to know if the "Real Deal"" name registered?
N'kia (NLN)
N'kia (NLN)
answered on Mar 25, 2023

To find out whether a trademark is registered for federal protection, you can search the US Patent and Trademark Office ("USPTO") database. However, keep in mind that, just because something isn't registered doesn't mean that it's available to be used. The US recognizes... View More

1 Answer | Asked in Business Law, Copyright and Trademark for Virginia on
Q: Can I send a cease and desist if someone has recreated my product that’s on Etsy and is selling it as their packaging.

I own an LLC and copyright application is active and in processing. I sell digital printable online and baked goods under VA Cottage Laws

James L. Arrasmith
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answered on Feb 25, 2023

Yes, you can send a cease and desist letter if someone has recreated your product and is selling it as their packaging without your permission. As the owner of the copyright, you have the right to control the use and distribution of your original work.

In the cease and desist letter, you...
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1 Answer | Asked in Trademark for Virginia on
Q: Tatsuro & Mariya (by Smile Company Ltd.); Can You Have "Tatsuro & Mariya" Had a Trademark?

Toys, Apparel, Video Games, Books, Puzzles, Board Games, CDs, Electronics, DVDs, Party Supplies.

Derek Allen Colvin
Derek Allen Colvin
answered on Dec 29, 2022

If you are referring to the process of applying for a federally registered trademark, it depends. Trademark protection can be granted for words, designs, etc., but the mark must be unique and suitable for registration. An attorney would need to know more about your use of "Tatsuro &... View More

2 Answers | Asked in Trademark for Virginia on
Q: Can I still use the name My Wonderpaw if there is a trademark on Wonderpaw in the same industry?
Robert Kost
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answered on Jan 13, 2022

In theory, the answer is simple: no, you can't use the mark. However, there are other considerations. Let's assume you're referring to the mark at https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:hzp18o.2.2

* Are your goods/services in the same class as the...
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1 Answer | Asked in Trademark for Virginia on
Q: If I want to sell something (a name that is not trademarked but associated with something trademarked, am I able to?

I want to sell something inspired by Harry Potter. The name 'Godric's Hollow' is not trademarked. It is mentioned in the books. Am I able to use this name and sell it?

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 15, 2021

Maybe

Depends on how it is used

Consult with an attorney

2 Answers | Asked in Trademark for Virginia on
Q: Hemi is trademarked by Chrysler for automotive vehicles. Can I use the word in my charcoal grill business?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 17, 2021

Maybe

You need to consult with an attorney to assess your risks

cheers

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2 Answers | Asked in Copyright, Business Law and Trademark for Virginia on
Q: I want to protect my designs from domestic and international companies from stealing it. Do I Trademark or copyright it?

Hi, I have a small business which features original designs on t-shirts.

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 6, 2021

As indicated a design patent can provide protection.

Depending on what you are doing you could file for other registrations depending again on what your creations are.

Consult with an attorney.

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1 Answer | Asked in Trademark for Virginia on
Q: Should I get a trademark and/or service mark if I am trying to protect a service that is about to go nationwide?

I am filing for a trademark with the USPTO to protect my company name. But we provide a particular service that I want to protect, as we are about to be nationwide soon. This service is what differentiates us from other companies similar to mine.

Bernard Samuel Klosowski
Bernard Samuel Klosowski
answered on Jan 25, 2021

A federal trademark application will be rejected for a business name standing alone (see TMEP 1202.01). A federal trademark/service mark registration must be directed to a mark that is used with some underlying goods/services (or is intended to be used with goods/services). It sounds as if a... View More

1 Answer | Asked in Consumer Law, Copyright and Trademark for Virginia on
Q: If an attorney sends you a cease and desist request, is is normal for them to also ask for fees?
Steve Charles Vondran
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answered on Dec 9, 2020

This is not legal advice. From my jurisdictions (California and Arizona), I don't normally see a fee demand with a cease and desist, although I do not believe there is anything improper about requesting a pursuit fee in the right case. See you at the top! Attorney Steve®

2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Virginia on
Q: Can you use the phrase Monday night raw even though it’s a WWF show?

If one wanted to use it within the title of their own work. Is this a patent, trademark, or copyright issue?

Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 5, 2020

This is not a patent issue.

Kevin E Flynn

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