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If I have a tagline that I want no one else to be able to use, is that consider copyrighting or trademarking?
Frank's answer
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Answered on August 10, 2017
This tagline or slogan is considered a standard character text trademark.
Before you invest in any trademark make sure you get some legal...
Archived
Copyright infringement Cease and Desist Letter. Should I agree and sign this letter?
Frank's answer
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Answered on August 10, 2017
When you get the letter then reach out to a lawyer for some solid advice. At this point, we don't know what they are alleging.
I suggest that...
Can you copyright/trademark a logo/company name that was purchased on Etsy by other buyers as well?
Frank's answer
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Answered on August 09, 2017
You can go to a place like UpWork and have a logo made very inexpensively. It's fine to get inspiration from a place like Etsy, but you have to...
Archived
Can I advertise an accessory to an existing product referencing their trade name or trade mark in my advertisement?
Frank's answer
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Answered on August 09, 2017
Yes. 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...
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Who owns the rights to a logo design? Would it be the designer or the client?
Frank's answer
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Answered on August 09, 2017
Even if you technically remain the copyright owner in the design, this is very likely not worth anything commercially because the client received...
Archived
Can I trademark a name previously used with my business partner ?
Frank's answer
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Answered on August 09, 2017
There is no straight answer to this kind of question. The default is that the trademark was an asset of the business unless otherwise agreed to....
I am having a logo created for a startup company and I found a image on google that I want it to look exactly like? Is this ok?
Frank's answer
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Answered on August 09, 2017
As you seem to be aware, there is a copyright infringement issue here assuming the image has sufficient creative elements as to be covered under...
Archived
Hi! I have a question for a business or copyright lawyer.
Frank's answer
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Answered on August 08, 2017
You are asking a question that really can't be answered here. We would need to understand exactly what you are using and how. As noted, it is very...
Can you register a trademark for both the brand name and a mascot?
Frank's answer
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Answered on August 08, 2017
At the same time, yes. But you will in most cases place the standard character text mark (the word "McDonalds") on its own application and the...
Archived
Can I register for a name taken in the same class if it is in different business fields?
Frank's answer
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Answered on August 08, 2017
That's possible, but if in the same class it is very likely you might get an office action rejection for being confusingly similar. In some cases,...
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