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Benton R Patterson III
Trademark and Copyright Attorney
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Claimed Lawyer ProfileQ&A
Practice Areas
- Intellectual Property
- Trademarks
- Trademark Litigation, Trademark Registration
Additional Practice Area
- Copyright
Fees
- Free Consultation
Jurisdictions Admitted to Practice
- Texas
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- Federal Circuit
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Education
- Texas A&M University School of Law
- J.D.
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- University of North Texas
- B.A.
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Professional Associations
- State Bar of Texas # 24095088
- Member
- Current
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- Federal Circuit Bar Association
- - Current
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- The Honorable Barbara M.G. Lynn Inn of Court
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Speaking Engagements
- Panelist, Legal Careers Presentation, Denton, TX
- University of North Texas PreLaw Program
Websites & Blogs
- Website
- Firm website
Legal Answers
256 Questions Answered
- Q. Is it ok to trademark the name of my greeting card company with the words greeting card in it.
- A: An attorney would need to review the trademark and how you use it in commerce to answer this question. Generally speaking, you cannot register words that are descriptive of the goods or services. If descriptive words are paired with other distinctive words, you may be able to register the mark as a whole, but disclaim the descriptive words. Using your example, you could include "greeting card" within a trademark with other distinctive elements, but you could not exclude other greeting card companies from using the words "greeting card" to describe their products.
- Q. Trademark issue from previous owner?
- A: Do you have a written agreement that shows he agreed to assign the trademark to you? If so, enforcing the agreement may be the easiest option.
- Q. When trademarking a brand name, can a colon or hyphen be incorporated within the name?
- A: Yes, special characters can be incorporated into a trademark.
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