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Trademark Questions & Answers
1 Answer | Asked in Trademark for Illinois on
Q: How can 2 lawyers from 2 law firms have "Lawyer Up" trademarked 9 years apart? Is it that one is state and one is broade
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 21, 2022

Trademarks are registered within classes of goods and services, and the same mark may be allowed to be registered in different classes if there is no likelihood of confusion.

LAWYER UP VIRGINIA (reg 6329342) is registered in Class 45 for attorney services. (The word VIRGINIA in this...
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2 Answers | Asked in Gaming and Trademark on
Q: I am about to start a new tabletop rpg game. Do I need to register a company or trademark it is enough?
John Martin Hilla
John Martin Hilla
answered on Apr 17, 2022

Hello from a longtime tabletop rpg player! I've had the pleasure of knowing and gaming with some of the leading names in gaming going back to the early 80s. This is one of my favorite topics, and the answer to your question is—both.

A company is registered through the filing of your...
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2 Answers | Asked in Bankruptcy, Patents (Intellectual Property), Copyright and Trademark on
Q: Do I need a bankruptcy lawyer? Can I review patents I believe am the rightful owner of.

Cryptocurrency patent Microsoft has applied for, digital advertising alliance, online casino platforms, QR codes.

Timothy Denison
Timothy Denison
answered on Apr 14, 2022

Not sure what you need a bankruptcy lawyer for….?

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2 Answers | Asked in Trademark for Florida on
Q: How can i start the process of registering my company brand?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 13, 2022

Consult a qualified trademark attorney to prepare and file an application for federal registration.

You will need to describe the goods or services provided, specify the date of first use, and submit an illustrative specimen of how the mark is used. The process takes at least 8 months these...
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1 Answer | Asked in Copyright and Trademark for Wyoming on
Q: Hey, if i wanted to write a book titled A Hero's Journey would I be able to do it or is it trademark infringement?
John Martin Hilla
John Martin Hilla
answered on Apr 7, 2022

Book titles cannot be registered as Federal trademarks unless they are attached to a series of books or editions. Titles also cannot be copyrighted.

Here, you are proposing, however, to write a book with a title that shared with an extremely famous book: The Hero's Journey by Joseph...
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1 Answer | Asked in Copyright and Trademark for New York on
Q: Can I use the name if I have something I would like to sell on ebay that resembles the symbol?
Brandon M. Selinsky
Brandon M. Selinsky
answered on Apr 4, 2022

I could give you a better answer if I had some additional information. For now, I will assume that the thing you are selling on eBay is the product of another company. For the sake of discussion, I will assume that company is Nike. If you are selling something with the Nike Swoosh on it, you cannot... Read more »

1 Answer | Asked in Copyright and Trademark for Georgia on
Q: The name that I'm changing my business to someone has that name on Instagram however they sell on Etsy

I was going to register as an LLC and trademark because it's not found in Ga can I do that?

John Martin Hilla
John Martin Hilla
answered on Mar 30, 2022

It's important to remember that the registration of an LLC or other business entity name with your state naming authority is a totally different process than Federal trademark registration with the US Patent and Trademark Office (USPTO).

A name may be "free" within the state...
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1 Answer | Asked in Trademark for Washington DC on
Q: How could I request a refund for the transaction that did not take place?

We filed a patent application through a lawyer. The lawyer said it is suitable for the name we applied for. you can get this name. He said and we made the application. Then, 9 months later, the officer in the trade mark told us that 2 items were canceled due to name similarity with another company.... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 29, 2022

The attorney should not have given unqualified assurance that the mark could be registered merely on the basis of an initial search. Applications to register trademarks are reviewed by a USPTO examining attorney about six months after submission, and in your case apparently the examining attorney... Read more »

1 Answer | Asked in Trademark for California on
Q: does my product qualify under trademark dress

i own a party supply company and have designed paper plate molds so that the shapes become recognizable staples for eid creations. I have been printing all my designs on those shaped plates which cost me a fortune to make. I find out that my competitor has printed on the same plate shape and when... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 25, 2022

Trade dress constitutes a “symbol” or “device” within the meaning of §2 of the Trademark Act. It encompasses the “total image and overall appearance” of a product, not just the packaging: the totality of the elements, including size, shape, color or color combinations, texture, and... Read more »

1 Answer | Asked in Trademark for New York on
Q: Is the word “wifey” trademarked?
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 25, 2022

Yes, there are several federal trademark registrations for the single word WIFEY (including one for wine), and some more with the word included (such as THE WIFEY REHAB).

If you are considering using the word as a trademark for goods or services, you should consult a qualified trademark...
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1 Answer | Asked in Trademark for Minnesota on
Q: I make car decals and sell them online. In the advertisement can I say " fits Jeep" in the item description.

I have heard of things being taken down if you mention Jeep but If the item is specifically made for a certain year Jeep then how are you supposed to sell it?? The decals I sell do not use any of their protected logos but just fits certain years due to their shape and location.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 23, 2022

What you describe is known as "nominative fair use" of the trademark or brand, merely to refer to the brand and not to compete with the trademark owner.

Nominative fair use permits use of a trademark to refer to the trademark owner’s goods and services associated with the mark....
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1 Answer | Asked in Trademark for Texas on
Q: I closed trademark January8, 2019 I never used it. Can it be reopened or do I need to register a new
John Martin Hilla
John Martin Hilla
answered on Mar 22, 2022

There are options to revive an abandoned mark, but it is likely at this point that you would need to file a new trademark registration application if you now intend to use it in relation to the sale of a product or service in interstate commerce.

Contact a trademark lawyer to discuss your...
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2 Answers | Asked in Trademark for California on
Q: hi there i would like to trademark a name.. how would i go about doing this?

i would like to use a name and trademark it. not sure what is the procedure or how i would go about this.

John Martin Hilla
John Martin Hilla
answered on Mar 22, 2022

The name of a business or product can be registered as a trademark with the US Patent and Trademark Office to the extent that it is used in relation to the sale of a product or service in interstate commerce. That is, across state lines.

Further, the name must be sufficiently unique to...
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1 Answer | Asked in Business Formation, Business Law and Trademark for Tennessee on
Q: How do I get licensed to sell tumblers and products that say tennessee or vols in my small business
Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 20, 2022

Try this web site:

https://clc.com/

1 Answer | Asked in Copyright, Collections and Trademark on
Q: How can I protect my NFT Project Artwork and Name?
John Martin Hilla
John Martin Hilla
answered on Mar 17, 2022

You would protect your artwork with a US Copyright registration. Your work is copyrighted "automatically" the moment your artwork is affixed in "tangible" form. A copyright registration records your ownership and gives you the right to sue for copyright infringement and to make... Read more »

2 Answers | Asked in Trademark for California on
Q: Registered a trademark, however it appears as abandoned or failure to response. Is there a quick solution to this?

Trademark name : CELOSA ROSE

Dane E. Johnson
Dane E. Johnson
answered on Mar 16, 2022

The USPTO record for the CELOSA ROSE trademark application shows a status of abandoned “because the applicant failed to respond or filed a late response to an Office action.” The records also show that the USPTO requested that the applicant “either provide documentation to support... Read more »

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4 Answers | Asked in Copyright and Trademark for Pennsylvania on
Q: What do I do when you become aware someone is using your registered trademark in another state?

I obtained my trademark for "The Cheesecake Fairy" last year. I have been in business for over 7 years and finally decided to trademark my name. A bakery in another state is now calling themselves "The Cheesecake Fairy" and I fear this will cause great confusion for when I... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Mar 12, 2022

Your federal trademark registration for THE CHEESECAKE FAIRY (no. 6377579, for baked goods and store services since 2018) provides the ability to sue infringers in federal courts throughout the nation. Whether you can sue in your own state or in the state of the infringer, is a question that an... Read more »

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1 Answer | Asked in Trademark on
Q: If the word "Melanin" is trademarked, can I use it in a combination that has not been trademarked, for a digital design?

Example: "Melanin Dripping"

Is this a legal digital design to sell?

Thank you!

Brandon M. Selinsky
Brandon M. Selinsky
answered on Mar 11, 2022

It depends on a few things. First, what goods/services is MELANIN registered for? If the goods/services are the same/similar to whatever your design will be used for, the risk that you are infringing is relatively high. If not, then there might be little to no risk at all. Keep in mind that MELANIN... Read more »

1 Answer | Asked in Copyright and Trademark on
Q: Can I use a quote or phrase that has a 606 trademark status as of 2016?

The phrase I am interested in was filed in 2014 (international class 014) . I want to use it for graphic design.

Brandon M. Selinsky
Brandon M. Selinsky
answered on Mar 11, 2022

A "606 status" means the PTO has deemed the application "abandoned" for failing to file a statement of use ("SOU"). The need for an SOU arises when the application is filed as "intent to use," meaning the applicant is not currently using the mark in commerce... Read more »

2 Answers | Asked in Trademark for Oregon on
Q: if a trademark has been abandoned or canceled can you print clothing with it on without getting in legal trouble

specifially the grateful dead dancing bear graphic

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 28, 2022

If a trademark registration has been cancelled, or if an application to register a trademark has been abandoned, that does not necessarily mean the trademark is no longer in use by its owner.

If the mark is still being used by its owner, but lacks a federal registration, your use for...
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