Intellectual Property Law

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I am a member of a nonprofit group and we are planning an…

Customer Question
I am a member...

I am a member of a nonprofit group and we are planning an event using our name, Wisdoms Amazing Race. It is modeled after the tv show but apecific to the causes we are serving. We have been using the phrase since 2015, but we are unsure if we should trademark or service mark the event

Lawyer's Assistant: Is the trademark federally registered?

I did a name search and did not find it

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We have been doing programming under the theme One Sisterhood three causes for lupus, domestic violence and breast cancer awareness. This race will benefit those causes through local agencies that we are partnered with

Submitted: 1 year ago.Category: Intellectual Property Law
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Answered in 14 minutes by:
3/21/2017
IP Lawyer: Maverick, Lawyer replied 1 year ago
Maverick
Maverick, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 6,427
Experience: 20 years professional experience.
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Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

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IP Lawyer: Maverick, Lawyer replied 1 year ago

The down side to registering the mark come in the form of time, paperwork, and filing fees. The upsides are as follows:(i) it grants the right to use the registered trademark symbol: ®, (ii) it grants the right to file a trademark infringement lawsuit in federal court and to obtain monetary remedies, including infringer’s profits, damages, costs, and, in some cases, treble damages and attorneys’ fees, (iii) it acts as a bar to the registration of another confusingly similar mark, and (iv) it may serve as the basis for an international trademark application.

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IP Lawyer: Maverick, Lawyer replied 1 year ago

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Category: Intellectual Property Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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