A suspension letter suspends the action on an application. An application may be suspended for a variety of reasons. These include waiting for the disposition of a cited prior pending application to be determined or waiting for an assignment of ownership to be recorded. Applicants do not have to...View More
You definitely need to register your trademark in US in order to protect your logo and business in the US market. You also had better to conduct a trademark search to check if your mark has been used by others in the US. Therefore, you should hire an US attorney to assist you. Many attorneys here...View More
Loveyogabum has been accused of infringing on Yogabum Limited's Trademark by the owner ( no lawyers involved but he has threatened to go to court if we do not change our name ). We need an definitive answer to help solve this issue. We have changed our name already to suit him back in 2012 and... View More
Only a litigation can resolve it definitely. No attorney can guaranty that the Loveyogabum owner will not sue you. Having said that, you should initiate the litigation by bring a declaratory judgement, in which you claim your noninfringement and let the court decide. By bring the lawsuit by...View More
Hello, my question is about copyrighting and protection of copyrights internationally.
I have a project in which we publish 2D/3D animations for kids to watch. Animations also include songs that we produce. But we don't produce the animations ourselves. We pay a foreign (Indian) studio... View More
As already answered by the US Copyright Office that "there is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the world. Protection against unauthorized use in a particular country depends on the national laws of that country....View More
You can always file registration on your own. However, as my experience, it may end up a rejection or termination of your application if you file it improperly. The filing of an online applicaiton is only the beginning. Most of cases, if not all, USPTO will issue office actions that require your...View More
Abandonment of a trademark in the USPTO's registration status does not mean that the original owner has stopped using the trademark. It can be lack of paying the maintenance fee. You may use it only when the original owner has discontinued with intent not to resume the use of the mark. Nonuse...View More
I created a comedy website and blog with another woman. I paid for it, built the entire site and created the content. It pairs with a comedy troupe. She was to run the troupe and I the website. We have a difficult working relationship and I want out. She cannot pay me for the site and I don't... View More
If the ideas of your website contents are initiated and authored by both of you, the contents of the website is under a joint copyright by you and the woman. Joint copyright owners have an equal right to use the content. Unless you have an written agreement to divide the joint ownership, each of...View More
If there is someone actually downloading the pirated content, you may be liable for secondary liability such as inducement infringement or contributory infringement. If the copyright owner seriously pursues you with legal actions, you will face not only the court order to shutdown your website, but...View More
I created a LLC in California, business website, and obtained a business license and someone in Canada trademarked my business name. Am I still able to create clothing under my business name? Is there a conflict if I pursue selling my clothing?
If the Canadian company uses and registered the trademark in different class of goods or service, you may still use the mark in you business. If both you and the Canadian company have same type of business or product, and you are a senior user of the trademark, you should file an opposition to...View More
Your website and the original website both use images from TOEI Animation. I guess neither of you have obtain authorization from TOEI. Therefore, both of you are infringing TOEI's copyright. The original website enjoys only the website design. If you did not copy its website design, you do...View More
Let's say I have a website with two different pages: A and B. I have copyrighted material on A, but not on B. I want to put ads on my website to make some money.If I want to put ads on B, do I need permission to use the images on A even though I don't use them on A? Since they're... View More
Copyright law prohibits unauthorized use and reproduction of copyrighted material without authorization. When you put copyrighted material on your webpage, you used and reproduced it. Therefore, you have infringed copyright, regardless people's viewing or not.
Submission of your idea without a nondisclosure agreement is almost like a free gift to the receiving company. Like Google's disclaimer in its idea submission form that "by submitting a proposal, idea or feature request on this page, you give Google the right to use it freely without...View More
It depends. Factors to affect the cost of creating a patent may involve, at least, the type of invention, the complication of your invention, the clarity of your invention description, the quality of the patent drafting and drawing, the countries you want to cover the protections. Normally, it will...View More
You can use Google patent search for granted patents and published patent applications. However, it is not sure whether Google has updated and retrieved 100% from the most current database from USPTO or European Patent Office.
For most timely information of granted patent and published...View More
Amendments may be allowed, if the amendments are submitted in sufficient time to be entered into the application file before technical preparations for publication of the application have begun (generally four months prior to the projected publication date). However, while USPTO will attempt to use...View More
i was working as Asst.professor in Dept. of electronics and communication engineering. i have an idea to do the patent in the design, i was working on it from past six months. so i wanted to know how to do the patent in india? how will i get help and upto what extent i can get help?
Before you think of patenting your invention india, you should check whether, under your employment agreement, you are required to assign the patent to the institution you work for? Also, according to US patent laws, if the invention is invented in the US, you may file patent outside US unless you...View More
Generally, utility patent is valid for 20 years from the date of filing, and design patent is 14 years from the date of grant. However, if the patent has claimed a priority date prior to the filing date, the 20 years will be calculated based on the priority date, which will make the patent expire...View More
If you are the inventor or co-inventor but are excluded from the patent, you may institute a petition to Patent Trial and Appeal Board or bring a litigation into federal district court. You should contact a patent attorney to evaluate your case.
I can pay for a patent on my credit card, but I understand there are more expenses involved in marketing intellectual property. I need pro bono help if it is available. The USPTO mentions a Nationwide Pro Bono program for inventors, but the link took me to pro bono help for the arts in... View More
Since patent law is a federal law, you do not need a PA attorney to assist you to prosecute your patent application or similar matters in front of USPTO. However, if your patent case is in litigation, regardless in state court or federal district court in PA, you will need a PA licensed attorney to...View More
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