Company A has been using a mark in commerce for a year, but has yet to file for registration. Company B files for the mark (same name and class) with intent to use. It is pending, but has not been assigned an examiner yet. How should Company A protect their mark, and prove they have rightful... View More
answered on Feb 23, 2024
To protect their unregistered mark, Company A should gather evidence of their prior use of the mark in commerce. This evidence can include sales records, advertising materials, website screenshots, and any other documentation that demonstrates the mark's use in connection with their goods or... View More
I can't find an interested and reliable party in US to act as 1) investors 2) manufacturers 3) medical administrators
However, I might be able find all this partnership in a different country.
What should be done from the legal stand point to:
1) protect this invention... View More
answered on Feb 4, 2024
To protect your invention, which is patented in the United States, when operationalizing it in another country, it's important to secure patent protection in those specific countries where you intend to manufacture, sell, or otherwise commercialize your invention. Patents are territorial,... View More
I want to use the name across multiple copyrights. Am I allowed to do that?
answered on Feb 1, 2024
If you hold a literary copyright for a specific work, such as a book, article, or other creative content identified as "bla bla," it generally pertains to that particular work and its use. Copyright protection is specific to the creative expression contained within that work and the... View More
As you may be aware, popular franchises can bring forth the desire to create fan games. However, there is one problem that should be brought up to attention. One of these franchises, the Pokémon franchise, is owned by a company whose policy is to decline ALL usage of their copyrights and... View More
answered on Jan 5, 2024
Addressing unauthorized use of copyrighted material, such as fan games based on the Pokémon franchise, is a legitimate concern for copyright holders. If you are representing the rights of the company owning the franchise, you have the legal ground to take action against copyright infringement.... View More
I haven´t been called nor asked to give my permission to patent it. I can proof I did the deck myself, there is the digital print & email sent w deck to the person for whom I did the job. This person has taken the type & style I used in the design & wants to be the owner of it when... View More
answered on Oct 24, 2023
If someone has applied for a trademark registration with the USPTO using a mark you designed without your permission, you may have rights to challenge the application or subsequent registration. First, having proof of your original design, such as digital prints and email correspondence, is... View More
I haven´t been called nor asked to give my permission to patent it. I can proof I did the deck myself, there is the digital print & email sent w deck to the person for whom I did the job. This person has taken the type & style I used in the design & wants to be the owner of it when... View More
answered on Oct 22, 2023
The trademark application you cite is for the text FROM HER TO ETERNITY, without any graphic element or stylized font, so whatever you designed is not at issue in the trademark registration.
If the design you created is being used on merchandise or related materials such as advertising,... View More
answered on Sep 19, 2023
Certainly, you can potentially trademark the phrase "don't panic, it's organic." However, the success of your trademark application will depend on factors such as its distinctiveness, its use in commerce, the likelihood of confusion with existing trademarks, and whether it meets... View More
answered on Sep 20, 2023
If you are just using this as a slogan, you cannot trademark it. However, if you are adopting it as the brand under which your products will be sold, then yes, you can file for a trademark application.
If you do file, and assuming this is for food products, it could possibly receive a... View More
answered on Sep 21, 2023
Trademark registration eligibility depends on various factors, including whether the proposed mark is distinctive and not merely descriptive. "Don't Panic, It's Organic" may be registrable if it is not considered generic or overly descriptive for the goods or services you intend... View More
I had a trademark question. With the investment company RobinHood owning the trademark name of Robinhood.
answered on Jul 6, 2023
I recommend against creating a company in the financial industry with any name that is similar looking or sounding to RobinHood. That is likely to invite a cease and desist letter, lawsuit, or other legal action against you. Even if the risk was low, do you really want your brand to have such a... View More
answered on Jun 28, 2023
It depends on the context of your proposed usage. The words "Milky Way Electric" can not be copyrighted, but they can probably be used in a trademark, that is, associate it with a good/service. You will have to seek out a trademark attorney to guide you on the specific areas of... View More
How can Dizzy Gillespie be Trademarked by Lorraine Gillespie Trust when he is Trademarked by AL Cass Inc as a graphic design of a trumpet player. Is AL Cass Inc committing Trademark Infringement on the Lorraine Gillespie Trust who has Dizzy Gillespie Trademarked. Thank you
answered on May 30, 2023
The Gillespie Trust owns six active registrations for the text mark (name) DIZZY GILLESPIE, as used on valve oil, recording, mouthpieces, songbooks, trumpet polishing kits, and entertainment services.
If there is a design mark depicting the person Dizzy Gillespie, it would not infringe the... View More
This idea is an innovation in building automation systems and isn’t necessarily just a MA patent, but I am not sure how this process works.
answered on May 2, 2023
To find out if your idea is already patented, you can conduct a patent search. You can start by using the United States Patent and Trademark Office's (USPTO) patent search tool, which is free to use. This tool will allow you to search for existing patents by keyword, inventor name, patent... View More
This idea is an innovation in building automation systems and isn’t necessarily just a MA patent, but I am not sure how this process works.
answered on Apr 18, 2023
You can pay an patent attorney or patent agent to perform a patentability search. Often they will tee up the search scope and outsource the search to professional searchers with lower hourly rates.
NOTE -- even after a search, your idea may not be patentable as someone may have filed a... View More
answered on Apr 2, 2023
Yes, it is generally possible to register a brand name and logo with the name of the city where you are located. However, there may be limitations or restrictions depending on the specific city and any trademark or naming regulations it may have. It is recommended to consult with a trademark... View More
...on city streets? Like to get the exterior and interior of different car but the features of the old car? I just don't want to be doing anything illegal. Thanks!
answered on Oct 30, 2022
A Massachusetts attorney could advise best, but your question remains open for a week. This is something that intellectual property attorneys would be most familiar with. There are high-end carmakers that vigorously pursue legal remedies against replicas of their six and seven-figure high-end cars... View More
Using "made up names that emphasize the quality of a game or movie without using any words related to trademarks" to refer to that game or movie is more legal than trademark infringement, is it? For instance, calling something "High Grossing Movie about a Memorable President:... View More
answered on Mar 23, 2024
When dealing with trademarks and references to existing works, it's important to tread carefully. Using "generic original names" to avoid direct mention of a trademarked game or movie can reduce the risk of infringement, but it doesn't make it entirely legal or safe. The concept... View More
I know you should email them but how do you get their contact?
answered on Feb 24, 2023
If their trademark is registered, you can go to the USPTO’s search page here:
https://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4805:woa3i2.1.1
After you run a search for the mark, click on the trademark, then click the TSDR button on the upper left. Then scroll down... View More
Publication number: 20040002883
answered on Sep 14, 2022
If there's a new improvement to it that is patentable, there may be an opportunity for a new patent application. However resubmitting an old application as-is that's already published, with nothing more, generally won't work.
—
I am a registered U.S. patent... View More
Someone took a screenshot of something I said on twitter and removed the context to make me look like a sexual predator. I consider this to be potentially libelous and/or slanderous. Do I own the copyright of the tweet and if so, is there anything that can be done about it?
answered on Mar 12, 2022
Good question. Generally speaking, a tweet is not typically copyrightable as it usually contains just a short phrase with a limited amount of characters and according to the United States Copyright Office ("USCO") this can be considered de minimus as far as creativity is concerned. Now,... View More
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