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Ely
Ely, Counselor at Law
Category: Intellectual Property Law
Satisfied Customers: 101078
Experience:  Licensed attorney in private practice.
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XXXXXX and I am starting an Amazon business and the product

Customer Question

Hi my name is***** and I am starting an Amazon business and the product I am selling I would like to know if there are any copyrights on it and also I have a couple of questions about Trademarking my business names. My product is a baby changing pad cover. The protective cover that goes over a foam changing pad.
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What kind of questions did you have? Can you please list them?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Hi my name is***** and I am starting an Amazon business and the product I am selling I would like to know if there are any copyrights on it and also I have a couple of questions about Trademarking my business names. My product is a baby changing pad cover. The protective cover that goes over a foam changing pad.
Expert:  Ely replied 1 year ago.

Sam,

What kind of questions did you have? Can you please list them? I cannot answer your questions until you tell me what they are...

Customer: replied 1 year ago.
I would like to know if there is a copy write on a baby changing pad cover.
Customer: replied 1 year ago.
I would also like to know if happy totts is trade marked.
Customer: replied 1 year ago.
Oh sorry I mentioned tiny totts.
Customer: replied 1 year ago.
I would also like to know if Makarios wholesale is trademarked too.
Expert:  Ely replied 1 year ago.

Hmm, I think you may have some of the terms a little confused. This is common.

Patent is for an invention is the grant of a property right to the inventor, issued by the Patent and Trademark Office.

Trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. For example, think the Starbucks logo, or the Nike logo.

Copyright means "original works of authorship" such as books, movies, etc.

So when you ask if there is a copyright on a baby changing pad cover, I assume you mean a patent. There is. See HERE. And, HERE. There are more. Now it may or may not be close enough to your invention to count as separate.

There is no trademark for HAPPY TOTTS. But there is for HAPPY TOTS.

There is a TINY TOTT trademark.

MAKARIOS WHOLESALE is not trademarked, but MAKARIOS VINEYARDS is. You can do a search yourself here:

http://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4804:8kxel7.1.1

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
i ment patent I'm sorry. Those patents are not close at all to what I am selling. It is for a baby changing pad cover. For changing diapers. It goes over a foam pad that lays flat.So I could tm the name makarios wholesale for my self? And happy totts?
Expert:  Ely replied 1 year ago.

Hello,

I am not seeing anything close to that. However, without literally looking at your invention and comparing it to what is out there, it is hard to say. You can also do a search yourself - see HERE.

There is no trademark for HAPPY TOTTS. But there is for HAPPY TOTS. Given that it is just one letter off, such a trademark is likely to be denied.

Since there is no trademark for MAKARIOS, one would argue that yes, "MAKARIOS WHOLESALE" is available.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
https://www.google.com/patents/US7617551?dq=Diaper+changing+pad+cover+patent&hl=en&sa=X&ved=0ahUKEwi42sHRhtDJAhUBXWMKHS4ZB5gQ6AEIKTACThis is a link to something that is similar to my product but not really.Google search diaper changing pad cover.
Customer: replied 1 year ago.
Can I have issues for using the same fabric and design as others on amazon?
Expert:  Ely replied 1 year ago.

I see. It would be up to the patent office to decide if the invention is too close to be thought as the same, or, a different invention.

Using the same fabrics is generally not an issue provided that the fabric is not key to the invention. However, the patent office may refuse a patent based on the same machine design.

If you meant design as in fabric pattern design, then this should not be an issue.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!