Archived
Can I create a hurricane relief donation shirt with logo's I have created, but which are similar to actual sports teams' logo's?
Frank's answer
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Answered on September 05, 2017
As noted, you can't do that without permission because you would be resenting a false association, sponsorship, endorsement or other affiliation...
Archived
Is a logo way too similar to another one considered as a copyright infringement ?
Frank's answer
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Answered on September 05, 2017
A logo, if being used as a source identifier, is serving as a trademark. If it is possessed of sufficient creative expression then copyright...
Archived
Can I make an objection or contest a company filing for Combined Declaration of Use and Incontestability?
Frank's answer
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Answered on September 05, 2017
You would have to file a petition to cancel their mark, but on what basis we don't know because you didn't articulate any reasons.
Before you...
Can I revive a brand name that is no longer in business?
Frank's answer
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Answered on September 04, 2017
Maybe. You need to do a proper clearance. Just because a mark was abandoned at the federal level does not mean it is no longer in use; it might be....
Archived
Can I trademark a business name in the U.S.A where someone is using a similar name in Canada.
Frank's answer
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Answered on September 04, 2017
Because Canada is right next door and they speak English, they are competing in our marketplaces as well. So you just have to make sure you get a...
Should an indie film company's name be trademarked or copyrighted?
Frank's answer
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Answered on September 04, 2017
Setting up a business structure and the question of which type is best, is not relevant to your trademark question. You should consider trademark...
Archived
Are state outlines free?
Frank's answer
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Answered on September 04, 2017
No, how would anyone be able to prove that in fact possessed of sufficient creative expression that would be covered under copyright law. In...
Is it Trademark Infringement to resell auth Antique/Vintage items you purchased and use the Trademark name to describe it?
Frank's answer
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Answered on September 04, 2017
Generally, you are free to use another's trademark descriptively in text to refer to that mark holder. This is called "nominative fair use" and the...
Archived
Can a company start using the name of our brand to sell the same product if we never trademarked it?
Frank's answer
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Answered on September 04, 2017
Assuming you were the first to use it you acquire rights under common law, but these rights to it only extend to the scope of your market...
Who can claim the trademarK in 50/50 partnership corp if none claimed it?
Frank's answer
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Answered on August 31, 2017
I'm assuming from your post that you are still in business together right? If that is correct, then unless you have a written agreement that gives...
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