Can I trademark SMH as my company initials even though it is widely used in text messages to mean "shakes my head?"
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Answered on August 09, 2016
The logo strategy is sometimes useful when the words are too generic or descriptive to qualify as a trademark - then the words can be disclaimed...
Archived
How does one buy graphic design artwork and re-sell it?
Martin's answer
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Answered on August 07, 2016
Below is a useful link that goes over what kinds of work qualify for work for hire when done by independent contractors and what kinds require a...
Archived
What do I do if I discovered the plaintiff's witness mishandled evidence used to support their claim of trademark infringement?
Martin's answer
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Answered on August 05, 2016
If you have been sued for trademark infringement in a Federal Court, it is unlikely you will be able adequately to defend this on your own without...
Archived
Do I need to change the name of my new magazine since there is another German magazine with the exact same name?
Martin's answer
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Answered on May 16, 2016
I have run into this exact situation. You may find that even though it is a German publication there may be subscribers or other forms of...
Archived
Can we make a podcast about one particular team if we state we are not affiliated if so are we legally allowed to seek sponsors?
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Answered on April 28, 2016
Talk about a full podcast with video. You don't specify who took the video or what it is of. Depending on the answer here, you might have legal...
Archived
Can I trademark this?
Martin's answer
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Answered on April 22, 2016
Two answers:
1. It is possible the words are not trademarkable by themselves and are disclaimed except as part of the overall logo trademark. ...
Archived
How do I make sure my new company name is mine and protect it from being stolen?
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Answered on April 17, 2016
The fundamental answer to your question is that you can file an intent to use federal trademark application if, as it appears, you have a bona fide...
Archived
What is determined to be a break in copywriter or trademark laws and what would not?
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Answered on April 14, 2016
You should first obtain their written consent in order to avoid legal problems.
Archived
Can colleges be nonprofit franchises? Will accreditation at corporate equal accreditation at franchises?
Martin's answer
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Answered on April 10, 2016
Learning center franchises already exist, so there is no legal impediment to franchising higher education learning centers.
Archived
Can I use just the skull and spade and a different color outer ring and different verbiage and not infringe on trade mark.
Martin's answer
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Answered on April 08, 2016
If you basically copy someone else's trademarked logo but just change color and words, you are on the road to infringement. The basic test is...
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