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Washington Trademark Questions & Answers
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


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... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 17, 2021


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!


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... Read 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... Read 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... Read more »

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1 Answer | Asked in Trademark for Washington on
Q: I converted from an LLC to Corporation I am trying to record it with the trademark office. What information do I need?

I have a trademark that was filed and is currently 1a status. Since we converted I would like to update our application. It says documents are required when submitting the conversion online would this be the certificate of conversion or are they looking for a specific type of document?

Evelyn Suero
Evelyn Suero answered on Sep 30, 2020

Transfers of ownership/assignments are recorded using the Electronic Trademark Assignment System (ETAS) at the USPTO. It is important to carefully follow the instructions regarding when such assignments may be recorded (typically after filing Amendment to Allege Use).

1 Answer | Asked in Trademark for Washington on
Q: May I know please whether if it is legal to register a special, long-standing word as a company's trademark!?


A Word Mark named VIREMEDY and a Trademark as viRemedy have been cited on .

However, VIREMEDY has been the special name of a particular remedy since several years ago.

Everyone could simply search the Web for... Read more »

Michael Gerity
Michael Gerity answered on Sep 2, 2020

Hello. What is important to remember here is that a trademark is a word/phrase/logo that is used in association with the commercial offering of some kind of product or service. The association with a particular product or service is the key here, as there is no trademark without such an... Read more »

1 Answer | Asked in Trademark for Washington on
Q: My husband sold a game to a company that is no longer in business and trademark has lapsed. How do we obtain rights?

Discovery Bay Games, Seattle. Game is Two Bridges

Jason Brooks
Jason Brooks answered on Mar 4, 2020

If a trademark is deemed “abandoned” by the USPTO, then it is a dead mark and any new applicant must start the registration process from the beginning by preparing a new application for registration of that mark. Because of the history of your husband with respect to this game, there may be... Read more »

1 Answer | Asked in Trademark for Washington on
Q: I am the marketing director of a small Washington State credit union. We want to do a campaign around lowering rates.

We want to say "if your rate is 7% and UP." We want to give away a 12-pack of 7UP with each funded loan. We also want to stack cases of 7UP in our lobby to draw attention to the campaign. Can we say in advertisement "7UP"? Our compliance officer wants to make sure we are not... Read more »

Tania Maria Williams
Tania Maria Williams answered on Feb 10, 2020

7UP is a registered mark and using it for commercial gain (i.e. in your advertising) without a license could be problematic. There may be options available to you to be able to do the promotional campaign without running afoul of trademark laws. I have assisted financial institutions with their... Read more »

1 Answer | Asked in Intellectual Property and Trademark for Washington on
Q: Can a Trademark be similar to another without penalty,i.e. "Happy Place" vs. "Your Happy Place" for example?
John Martin Hilla
John Martin Hilla answered on Jun 17, 2019

It is important to remember that the purpose of a trademark is to protect consumers' right to know what they are buying and from whom not to provide a creative ownership interest for registrants. If there is consumer confusion, the USPTO will file an Office Action in response to the... Read more »

1 Answer | Asked in Copyright and Trademark for Washington on
Q: Can I use a well-known Guru's teaching concepts and unlicensed verbiage to create an income producing website?

That's it in a nutshell. I want to use said Guru's concepts and some lose verbiage so I can advertise and gain traction in the community of people that follow her. I found a list of the company's trademarks and none include the terms I want to use. I would not be selling the... Read more »

Ahaji Kirk Amos
Ahaji Kirk Amos answered on May 2, 2019

I think you can, so long as you don't use his language or any materials or publications.

1 Answer | Asked in Trademark for Washington on
Q: What do I do if my trademark is in 606 - Abandoned - No Statement Of Use Filed
Benton R Patterson III
Benton R Patterson III answered on Sep 7, 2017

It appears you missed a trademark prosecution requirement. This can happen when you file an intent to use application. You are required to submit proof that you used the mark in interstate commerce within six months of receiving a notice of allowance from the USPTO. It may be possible to revive... Read more »

1 Answer | Asked in Copyright and Trademark for Washington on
Q: if someone already trademarked upper left apparel llc does that mean I can't make a company with upper left?

trying to start a brand/fabrication company

Walker Weitzel
Walker Weitzel answered on Jul 3, 2017

Trademarks are specific to the type of goods being sold. If your company would not produce competing products with the existing mark, then you probably would not infringe their mark, and registration of your trademark may be possible. I would suggest contacting a trademark lawyer for a free initial... Read more »

1 Answer | Asked in Trademark for Washington on
Q: Looking to trademark my stage name as a DJ / Producer.

There is an unregistered band with the same name as I want "Ugly Sweater Party"

Donovan A Rodriques
Donovan A Rodriques answered on Feb 8, 2017

You should contact a qualified entertainment or IP attorney for legal advice. For your name to be protectable as a trademark you will have to show that it is being used in commerce. Although a mark is not a registered trademark, the user can claim a common law right, by showing priority of use, in... Read more »

1 Answer | Asked in Copyright and Trademark for Washington on
Q: What is the process I would need to go through if I wanted to use a shirt with the wutang w (no text) to fundraise?

I run a smallish student organization at my university and we are designing the shirts to sell at an upcoming fundraiser. One of our designs is very similar to the wu tang W logo without the text. The funds raised from the shirts would go back into the club.

Are we allowed to do this right... Read more »

Will Blackton
Will Blackton answered on Jan 27, 2017

You need to get permission to use copyrighted or trademarked images, if you want to avoid the risk of a lawsuit.

Your university probably employs an attorney who can help you obtain licensing rights, or at least advise you on how to do so.

However, someone who holds the rights to...
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