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Vermont Trademark Questions & Answers
1 Answer | Asked in Trademark for Vermont on
Q: If a company (in a similar industry) has a product name that's not trademarked, can I use that name as my business name?
Ahaji Kirk Amos
Ahaji Kirk Amos answered on Jun 10, 2019

No. Trademark rights are based upon use, not registration.

2 Answers | Asked in Trademark for Vermont on
Q: Can our font be changed for our trademark name?

Our registered Trademark is LuGinDee to sell cooking aprons and t-shirts online. Per a Google search of our name, it was discovered that the typeset is not correct. If you look at the justia.com listing for our name, you will see what we mean.

Jason Brooks
Jason Brooks answered on Mar 12, 2019

If you've registered a trademark as just a word mark, in your case, the word "LuGinDee" then you're free to use it in any type or font, color or other style you want, with trademark protection (meaning other can't use it) so long as the word "LuGinDee" is still legible.

If you had...
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1 Answer | Asked in Trademark for Vermont on
Q: A company has trademark that is "The [other word here]. Is it ok to use that other word by itself (without 'the')?
Jason Brooks
Jason Brooks answered on Apr 18, 2018

It depends on your intended use and the class(es) in which the other mark is registered. If there is no conflict with respect to the use (i.e. you are using the mark as an apparel company, and the other owner is using the mark as a landscape service, for example), then you are free to use and... Read more »

1 Answer | Asked in Trademark for Vermont on
Q: hello there is trademarked phrase that is "published for opposition" and the date is 2017-08-08. how would one oppose?

The trademark is for the phrase "no Ugly Crying" on a hankie, but it is not used as a logo or business name or slogan to identify the business. It is just a common phrase popular with brides that someone trademarked. I would like to oppose it as I do not believe it is a properly used trademark and... Read more »

Benton R Patterson III
Benton R Patterson III answered on Sep 1, 2017

To oppose the registration of a mark before it is issued you need to file an opposition proceeding and pay the required fee. For filing a notice of opposition on paper, the fee is $500 per class. For filing a notice of opposition electronically, the fee is $400 per class. The opposition must be... Read more »

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