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Trademark Questions & Answers
1 Answer | Asked in Intellectual Property and Trademark for Indiana on
Q: How can I contest a trademark claim in which someone is claiming rights to my name and art?

The person who filed an LLC and trademark with indiana is acting in bad faith. I never gave them permission and she is claiming to have rights to "all" my art work. In the legal forms it reads "jane doe owns all rights to art by john doe" I never gave her rights I haven't... Read more »

Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 16, 2020

This is a contract and interference with business matter and is largely factual in nature. Your cost benefit analysis will guide you in ignoring the party or in getting an attorney to assist you in terminating her complaints. See an attorney who can assist in court in the county where she resides.

2 Answers | Asked in Trademark for Kentucky on
Q: How do I find out if a name is already trademarked ? I am starting a candle making business.
Evelyn Suero
Evelyn Suero answered on Oct 16, 2020

You can search the USPTO for registered trademarks, however this will not reveal whether there are businesses using the trademark in a similar class/category that may not have registered the trademark with the USPTO. These trademarks may also have common law rights against infringement. Work with a... Read more »

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4 Answers | Asked in Trademark for Colorado on
Q: Can you Trademark a online business name, that sells used items along with new items,
Floyd Edwin Ivey
Floyd Edwin Ivey answered on Oct 15, 2020

The Word, Symbol or Device you use to identify your business is a trademark. A trademark can be used as a common-law mark, registered in a state and, if interstate commerce is intended the mark can be registered with the Federal Trademark Office.

The Mark cannot be similar in sight of...
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2 Answers | Asked in Trademark on
Q: I'm developing an App which I'd like to name Uber Dates or UberDate. Are these names legally available?
Timothy John Billick
Timothy John Billick answered on Oct 13, 2020

The risk of infringement here from Uber is very high.

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3 Answers | Asked in Trademark for California on
Q: If trademark has status "602 - abandoned-failure to respond or late response" does that mean that I can apply for it
Evelyn Suero
Evelyn Suero answered on Oct 12, 2020

A trademark application with a status of abandoned may still be in use by the owner or some other user. Before using or registering any trademark, it is important to work with a trademark attorney to guide you through the process. Using a trademark that is in use by another business in the same or... Read more »

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1 Answer | Asked in Copyright, Intellectual Property, Internet Law and Trademark on
Q: Good afternoon. I have a new website which only airbnb hosts/owners can join.

Good afternoon. I have a new website which only airbnb hosts/owners can join. Am I legally allowed to say that on my website? In other words can I mention something like " Welcome to.... Remember - If you are not an Airbnb host, you cannot join"

Timothy John Billick
Timothy John Billick answered on Oct 11, 2020

Yes. Just do not create a false association between yourself and any company's trademarks you may be using for descriptive purposes only.

1 Answer | Asked in Business Formation and Trademark for Florida on
Q: how can the nonprofit organization (sorority) keep the name (trademarked) when the pres/founder has been impeached

Founder/President was impeached for misappropriation of funds and possible fraud. Sorority registered in Georgia. The Sorority name is trademarked. How can we continue use the name and register the sorority in Florida with a different EIN.

Timothy John Billick
Timothy John Billick answered on Oct 9, 2020

You're talking about two distinct issues here: Trademark law and fraud. It's a little unclear from the above hypothetical how the two are related.

Unless the fraud was somehow connected to the name itself, or if there was fraud in the registration and/or procurement of the mark,...
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2 Answers | Asked in Business Formation and Trademark for Florida on
Q: how can the nonprofit organization (sorority) keep the name (trademarked) when the pres/founder has been impeached

Founder/President was impeached for misappropriation of funds and fraud. The organization would like to still use the sorority name but incorporate in another state. Organization registered in Georgia, would like to register the organization in Florida with a new EIN.

Evelyn Suero
Evelyn Suero answered on Oct 9, 2020

Depends on how the trademark is registered and whether there is another entity using the name. If the nonprofit owns the trademark, then it should be able to continue using it in Florida. My nonprofit clients in Florida typically register their marks this way. Consult with an attorney to guide you... Read more »

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3 Answers | Asked in Intellectual Property and Trademark on
Q: Can a foreigner file for trademark in us?

and what are the fees

Joanne Belasco
Joanne Belasco answered on Oct 9, 2020

A foreigner may file for a US trademark but they must use a US attorney to do so. The legal fees are going to vary by attorney, and the federal filing fees will depend on how many marks are filed and in how many classes.

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2 Answers | Asked in Trademark on
Q: If an item is not mentioned in a trademark ie light up pub sign then does that mean I can use that trademark?

I want to make a limited 100 piece run for Christmas sales of Leicester City Football Club Logo light up signs. Lots of other products mentioned in trademark but not light up signs.

Evelyn Suero
Evelyn Suero answered on Oct 7, 2020

A trademark may be considered confusingly similar to another trademark (and possibly infringing) if both marks are used in the same or similar goods or services. Consult with a trademark attorney to assist you.

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1 Answer | Asked in Products Liability and Trademark for Iowa on
Q: if I Pirate a song and later buy another digital copy of said song would the pirated version still get me in trouble?
Steve Charles Vondran
Steve Charles Vondran answered on Oct 6, 2020

This is general legal information only and not legal advice. In general, once you pirate a movie, song, photograph, or other creative content, without a proper license, that becomes copyright infringement. You can be liable for that and copyright penalties can be stiff. Buying a licensed version... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark on
Q: Can I call a site FaultFire when MOBAFIRE exists?

There is a website called MOBAFIRE that is a community guide website for League of Legends. I want to want a similar site for a game called FAULT. Is using the name FAULTFIRE okay?

Timothy John Billick
Timothy John Billick answered on Oct 6, 2020

You need to avoid all potential areas of "likelihood of confusion" in trademark law. This is a highly fact-intensive inquiry based on a number of factors. Different federal jurisdictions have slightly different tests for likelihood of confusion. For example, the Ninth Circuit Court of... Read more »

3 Answers | Asked in Trademark for Florida on
Q: Hello I have a question about HOLLYWOOD WALK OF FAME - Trademark Details.

So I'm interested if i could for example create my own trademark with the name like Miami Walk Of Fame with my own unique design ? And would i get any trademark infringement from the following trademark? So basically I am asking may i use the "walk of fame" phrase part in my name for the company?

Timothy John Billick
Timothy John Billick answered on Oct 6, 2020

I'm a little unclear as to what you're intending to do ...

If you adopt a mark that is confusingly similar to the Hollywood Walk of Fame, you will likely be accused of infringement by the mark owner. However, if you just adopt a portion of the phrase and/or alter it significantly,...
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3 Answers | Asked in Copyright and Trademark for Ohio on
Q: Can i take an abandoned trademarj
Timothy John Billick
Timothy John Billick answered on Oct 5, 2020

Not necessarily. A trademark that is shown as being abandoned on the Trademark Office's website can still theoretically be used by the owner. Consult a trademark attorney to do a proper trademark search and give you an opinion on moving forward.

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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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1 Answer | Asked in Copyright and Trademark on
Q: Are closed species real?

Hey! The internet is sort of in a bind right now due to the "Primagen" situation, and the people need answers.

Can an artist charge people for the right to make a fanart of their fictional species? Like they make a concept and certain criteria and guidelines. If someone's... Read more »

Timothy John Billick
Timothy John Billick answered on Oct 5, 2020

You raise a ton of issues here, but I'll address a couple. Copyright protection attaches to the creation of new characters and in some cases new "races" or "species," but generally does not protect common well-known elements (aka scene-a-faire doctrine in copyright law).... Read more »

2 Answers | Asked in Trademark for California on
Q: how do i take over a trademark

trademark for our club patch has expired brian is no longer part of our club i need ownership of patch

Timothy John Billick
Timothy John Billick answered on Oct 5, 2020

I need more information before I can answer this question. Reviving an expired (abandoned) trademark can be done fairly simply with a petition if it is done within 6 months from the date of the abandonment.

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1 Answer | Asked in Trademark for North Carolina on
Q: Udhaiyam trademark is suspended . Can we freshly apply for a new name like Pudiya udhaiyam or indiya udhaiyam

Pudiya means new in foreign language and indiya means India

Timothy John Billick
Timothy John Billick answered on Oct 4, 2020

You should consult a trademark attorney to see if the mark is in fact "suspended," and if so, for what reason(s) is the mark suspended. There can be a number of reasons why this could be the case, some would enable you to refile for the same mark, and others not so much.

More...
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2 Answers | Asked in Copyright and Trademark for New York on
Q: My birth name is Tia. My question is how would my name being trademarked effect my ability to use it?

My original birth name is trademarked. How would this effect my ability to use it In business? I would like to use my real name for future Business ideas and brands.

Timothy John Billick
Timothy John Billick answered on Oct 4, 2020

Generally speaking, trademark law does afford you additional flexibility in using your own name for your own business under the "fair use" doctrine. But you should still be mindful of any potential "likelihood of confusion" with the other brand. Also, avoid using your name in... Read more »

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2 Answers | Asked in Copyright and Trademark for California on
Q: what's the first step to acquire an abandoned trademark?
Joanne Belasco
Joanne Belasco answered on Oct 2, 2020

Your first step should be to have a trademark attorney assess why it was abandoned. For example, it might be that the Examining Attorney for the USPTO issued an Office Action that the applicant did not think he or she could overcome. If that is the case, you may not be able to get the trademark... Read more »

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