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Questions Answered by Changi Wu
1 Answer | Asked in Trademark for New York on
Q: hello it says my trademark is suspended may i ask why & what causes that & what may i do ?
Changi Wu
Changi Wu answered on Jan 19, 2016

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... Read more »

1 Answer | Asked in Intellectual Property for California on
Q: Hi I am planning to expand a business from Sweden to US and I am wondering if I need to register my trademark(s)?

It's a new tech startup in Sweden and I am planning to expand it to US next year. I want to know the thing I have to do to protect my trademark, logo, and etc.

Changi Wu
Changi Wu answered on Jan 19, 2016

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... Read more »

1 Answer | Asked in Intellectual Property on
Q: We need your advice with a infringing trademark claim.

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 we... Read more »

Changi Wu
Changi Wu answered on Jan 19, 2016

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... Read more »

1 Answer | Asked in Intellectual Property and International Law on
Q: I need to have the copyrights to my project and everything in it?

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 to... Read more »

Changi Wu
Changi Wu answered on Jan 19, 2016

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.... Read more »

1 Answer | Asked in Intellectual Property for California on
Q: I need to obtain a trademark. Is it feasible to apply for one on my own or do I need the assistance of a lawyer?

I would prefer to fill out the paper work (or online application) on my own as opposed to searching for a legal professional.

Changi Wu
Changi Wu answered on Jan 19, 2016

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... Read more »

1 Answer | Asked in Entertainment / Sports and Intellectual Property for Florida on
Q: what does abandonment mean, and can I trademark something thats been abandoned?
Changi Wu
Changi Wu answered on Jan 19, 2016

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 for... Read more »

1 Answer | Asked in Internet Law on
Q: How do I leave something I created and what ownership do I retain?

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 want... Read more »

Changi Wu
Changi Wu answered on Jan 19, 2016

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... Read more »

1 Answer | Asked in Internet Law on
Q: I want to launch a website that shows tutorials how to download pirated content i wont have any pirated contentonmy site

Ill just show how to get the files but i wont host any. Will my website be shutdown?

Changi Wu
Changi Wu answered on Jan 19, 2016

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... Read more »

1 Answer | Asked in Intellectual Property for California on
Q: If I created a LLC to make clothing and someone trademarked my name after can I still make the clothing?

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?

Changi Wu
Changi Wu answered on Jan 19, 2016

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... Read more »

1 Answer | Asked in Entertainment / Sports and Intellectual Property for North Carolina on
Q: Is is okay to use "dab on em" decal on a t-shirt? I have been using the phrase since July 2015.

It looks like there is a trademark pending for "DAB ON 'EM".

Changi Wu
Changi Wu answered on Jan 19, 2016

You are right. DAB ON 'EM is a pending application for use in clothing. It has also been used in many other ways. Therefore, it is possible to commit an infringement if you use it on a t-shirt.

1 Answer | Asked in Intellectual Property for Pennsylvania on
Q: Is this copyright infringement?

My site:http://precureforum.createaforum.com/

Original:http://prettycureforum.com/

The owner has blamed me for copyright infringement. He will take legal action if i don't prove him wrong.Check both sites whole, please.

Danyea

Changi Wu
Changi Wu answered on Jan 19, 2016

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 not... Read more »

1 Answer | Asked in Intellectual Property on
Q: How does copyright work in this case?

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 still on the same... Read more »

Changi Wu
Changi Wu answered on Jan 19, 2016

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.

1 Answer | Asked in Intellectual Property for Florida on
Q: if i submit an idea to a company can they steal my idea and leave me out of the mix?

Ex. if i have an idea for google and submit it to them via their submission process, can they then use the idea I submitted without including me in the spoils per say?

Changi Wu
Changi Wu answered on Jan 19, 2016

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 compensation."... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: Just wondering how long it takes to create a patent, what the cost involved is and is it internationally recognised ?
Changi Wu
Changi Wu answered on Jan 18, 2016

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... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: How so I know if something is patented ?
Changi Wu
Changi Wu answered on Jan 18, 2016

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...
Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: Can patent applications be modified between "Filed" date and "Publication Date"? If so, where are previous versions?
Changi Wu
Changi Wu answered on Jan 18, 2016

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... Read more »

1 Answer | Asked in Patents (Intellectual Property) on
Q: how to do the patents in india?

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?

Changi Wu
Changi Wu answered on Jan 18, 2016

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... Read more »

1 Answer | Asked in Patents (Intellectual Property) for California on
Q: I was wondering if a Patent ever expires,

Patent filed: Jun 14, 1991

Date of Patent: Feb 1, 1994

Changi Wu
Changi Wu answered on Jan 18, 2016

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... Read more »

1 Answer | Asked in Patents (Intellectual Property) for New York on
Q: I have been purposefully excluded from a patent and I still retain the data used for the patent. What can/should I do?

In the interest of purely exploring my options, I'd like to keep this anonymous for now. I can provide details if necessary. I will say that though the patent is worth a lot.

Changi Wu
Changi Wu answered on Jan 5, 2016

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.

1 Answer | Asked in Patents (Intellectual Property) for Pennsylvania on
Q: Is there pro bono patent and NDA help in Pittsburgh, PA?

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... Read more »

Changi Wu
Changi Wu answered on Jan 5, 2016

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... Read more »

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