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Washington Trademark Questions & Answers
1 Answer | Asked in Copyright, Business Law, Trademark and Intellectual Property for Washington on
Q: Can a business competitor use a non-trademarked brand I've created to disrupt my business?

I run a golf academy and have a very successful ladies program "FORE The Ladies". Recently, a neighboring course who hired an ex-employee of mine, began running ads with the Program name "Fore the Ladies" and use a very similar typeface in their paid marketing.

This has... View More

James L. Arrasmith
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answered on Apr 11, 2024

In the United States, even if you haven't federally registered your trademark, you may have some protections under common law trademark rights. Common law trademark rights are established through the actual use of a mark in commerce in connection with goods or services, and these rights are... View More

1 Answer | Asked in Business Formation, Business Law, Copyright, Intellectual Property and Trademark for Washington on
Q: Can I use the term “Line Life” for tshirts for sale?

I see there is a trade mark for these words. Thank you!

James L. Arrasmith
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answered on Mar 8, 2024

When considering the use of "Line Life" for t-shirts you plan to sell, it's important to be aware of existing trademarks on these words. Trademarks are designed to protect the brand identity of businesses across various products and services. If "Line Life" is trademarked... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Washington on
Q: Is the word paramount trademarked or copyrighted

.

James L. Arrasmith
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answered on Feb 21, 2024

The word "paramount" is not typically trademarked or copyrighted in its generic usage. However, it's essential to consider the context in which the word is used. If "paramount" is being used as a brand name, title, or slogan in connection with specific goods or services, it... View More

3 Answers | Asked in Trademark and Intellectual Property for Washington on
Q: Hi, how do I revive/renew a trademark I filed in 2007 but somehow botched and apparently abandoned?

Trademark serial #77116771

Fritz-Howard Raymond Clapp
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answered on Jan 14, 2024

The intent-to-use application for EMBERFLY was allowed in 2007, but no statement of use or request for extension was filed. There has been no other application for the same mark. The same application cannot be revived, but a new application should be filed with a statement and specimen of use,... View More

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3 Answers | Asked in Trademark and Intellectual Property for Washington on
Q: Hi, how do I revive/renew a trademark I filed in 2007 but somehow botched and apparently abandoned?

Trademark serial #77116771

James L. Arrasmith
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answered on Jan 14, 2024

To revive or renew a trademark that was filed in 2007 but later abandoned, you'll need to start by understanding the current status of the trademark. If the abandonment was due to a failure to respond to an office action or failure to file required maintenance documents, the approach might... View More

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3 Answers | Asked in Trademark and Intellectual Property for Washington on
Q: Hi, how do I revive/renew a trademark I filed in 2007 but somehow botched and apparently abandoned?

Trademark serial #77116771

Felicia Altman
Felicia Altman
answered on Jan 14, 2024

If a trademark was abandoned recently, you may be able to file a petition to revive the mark. However, if the trademark has been abandoned for an extended period of time you will need to re-file the application with the USPTO in order to regain rights in the original trademark filed. Many trademark... View More

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1 Answer | Asked in Trademark and Intellectual Property for Washington on
Q: I have a registered trademark, I am using the trademark request form and instagram keeps denying me.
James L. Arrasmith
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answered on Nov 26, 2023

If Instagram is denying your trademark request, it's crucial to review the submission. Ensure that all the documentation you're providing is accurate and complete. This includes proof of your registered trademark and any evidence of its use in commerce.

Sometimes, the issue could...
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1 Answer | Asked in Patents (Intellectual Property), Intellectual Property and Trademark for Washington on
Q: How much would it cost to take over the Trademark patent since it was abandoned for a product/Business I create?
James L. Arrasmith
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answered on Oct 15, 2023

Taking over an abandoned trademark requires filing a new application with the United States Patent and Trademark Office (USPTO). The cost is determined by the type of application you file and any associated legal fees. If you're represented by counsel, their fees will vary based on their... View More

2 Answers | Asked in Trademark and Intellectual Property for Washington on
Q: i want to trademark for clothing brand called chosen or chosen one. is this possible?

i see that there are many companies that all have the same name trademarked, many companies have "chosen one" or "chosen" trademarked. how does this work? does this mean i can also make a brand called chosen and get it trademarked?

James L. Arrasmith
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answered on Apr 6, 2023

It is possible to trademark a clothing brand called "Chosen" or "Chosen One," but it is important to consider whether there are existing trademarks that could cause confusion with your brand.

When evaluating a trademark application, the United States Patent and Trademark...
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2 Answers | Asked in Trademark and Intellectual Property for Washington on
Q: i want to trademark for clothing brand called chosen or chosen one. is this possible?

i see that there are many companies that all have the same name trademarked, many companies have "chosen one" or "chosen" trademarked. how does this work? does this mean i can also make a brand called chosen and get it trademarked?

Felicia Altman
Felicia Altman
answered on Apr 5, 2023

Only one same or similar trademark can be registered in a class of goods and/or services. In order to find out if your brand/ trademark is available in the required class of goods/services you should consult a trademark attorney or service company. A quick trademark search can be conducted to... View More

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3 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Washington on
Q: I want to know what I could do to make my Idea safe? It’s Build a Bong, similar to today’s Build a Bear but this is 420.

Do I need patent?

James L. Arrasmith
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answered on Apr 2, 2023

Protecting your idea for "Build a Bong" can be done through various means, including filing for a patent or trademark, or keeping it as a trade secret.

If you want to prevent others from making, using, selling or importing your invention, then you may consider applying for a...
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3 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Washington on
Q: I want to know what I could do to make my Idea safe? It’s Build a Bong, similar to today’s Build a Bear but this is 420.

Do I need patent?

N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

Generally speaking, "patent" applies to inventions; "trademark" applies to names, taglines, logos, and other things that identify the source of a specific product or service; "copyright" applies to original works of authorship; and "trade secret" applies to... View More

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4 Answers | Asked in Trademark for Washington on
Q: I would like to file for a trademark

how much would it be ?

Felicia Altman
Felicia Altman
answered on Feb 25, 2023

There are different costs involved depending on the type of application you are filing, for instance an if you file an intent-to-use application there will be additional costs throughout the registration process to complete your registration. The application cost vary on whether you use a TEA Plus... View More

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4 Answers | Asked in Trademark for Washington on
Q: I would like to file for a trademark

how much would it be ?

James L. Arrasmith
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answered on Feb 25, 2023

The cost of filing for a trademark in the United States can vary depending on several factors, such as the type of trademark, the number of classes you want to register, and whether you hire an attorney to help you with the process.

The basic filing fee for a trademark application on the...
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4 Answers | Asked in Trademark for Washington on
Q: I would like to file for a trademark

how much would it be ?

David Aldrich
David Aldrich
answered on Feb 25, 2023

There are different costs involved, depending on the details. When filing a trademark application, you file in one or more “classes” (these are categories of goods/services), and the more classes, the greater the cost. There are also costs after filing of the application, which can vary... View More

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1 Answer | Asked in Trademark for Washington on
Q: Is the trademark for Nerd Boss available?

I am looking to possibly take this over if it’s available.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 8, 2022

There is no live registration for the mark NERD BOSS. There was an "intent to use" application filed in 2018 for apparel, but abandoned in 2019 after opposition from the owner of several marks consisting of (or containing) the word BOSS (HUGO BOSS, BOSS, BOSS ORANGE, BOSS BLACK, BOSS... View More

2 Answers | Asked in Business Formation and Trademark for Washington on
Q: Can I "do business as" the same name as a trademarked name in a completely different industry?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 7, 2021

Maybe

You need to consult with an attorney to review your options and risks

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1 Answer | Asked in Trademark for Washington on
Q: Can I start a company and trademark a name that has been cancelled?

The company cancelled in December 2019. My design and logo would be different from the one they had. However, my company would be similar to the one they had in the sense that I will be selling clothing/apparel. This company was located in California. I will be based online, but may conduct a store... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 17, 2021

Maybe,

consult with an attorney

Just because a trademark is cancelled or abandoned in the USPTO system, it does not mean that they are not using, they may have some rights even if they are not registered.

Best luck!

Marcos

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Washington on
Q: In a trademark, can I protect future additional goods & services that are in progress & haven't been created yet?

I'm planning on creating a book series in which I want to trademark the title. I'm also currently creating a video game to add to this franchise. In the future, I want to file another application to extend my trademark to not only protect my books, but my video games too.

Since... View More

Allison Higgins
Allison Higgins
answered on Nov 12, 2020

Hi there! It is great that you are thinking about IP protections from the very beginning.

From a trademark standpoint you have limited options that far in advance. You can file trademark registrations for things that are not in commerce yet (called an intent-to-use application), but the...
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2 Answers | Asked in Copyright and Trademark for Washington on
Q: Can I put anime designs on t shirts and sell them with the anime title in the name?

I'm trying to design some t shirts based off of anime. However, they are simply inspired by the anime. For example, its not an entire picture of naruto or anything, but like a blue swirl and some yellow and orange lines for naruto. I don't think the designs infringe on any copyright and I... View More

Floyd Edwin Ivey
Floyd Edwin Ivey
answered on Oct 17, 2020

Re: Copyright, your phrases :"...based off or anime..", "..simply inspiredly the anime...", "I don't think the designs infringe..." , "...I am the one creating..." may show willfulness and are troublesome regarding Copyright Infringement. It may be... View More

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