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Is it to provide information not provided in SB/16 cover sheet form such as: Publication Information, Representative Information, Domestic Benefit/National Stage Information, Foreign Priority Information, Authorization or Opt-Out of Authorization to Permit Access, etc.?
answered on Sep 30, 2020
An ADS when properly signed:
Establishes inventorship
Establishes applicant
Presents domestic benefit/foreign priority claims
answered on Sep 29, 2020
There are no US federal trademark records for this EXACT phrase as of the date of this writing. However, you should reach out to a skilled trademark lawyer to do a more fulsome search to see if someone else is using the mark but just hasn't gotten around to filing for a US registration.... View More 
if i want to name a musical band "Q Trumpherant" is it taken or available? I want to register it as my musical band's name.
answered on Sep 29, 2020
Hello,
There are no US federal trademark records for this EXACT phrase. However, you should reach out to a skilled trademark lawyer to do a more fulsome search to see if someone else is using the mark but just hasn't gotten around to filing for a US registration. "Common... View More
Video- game for commercial use, Environment creation.
answered on Sep 29, 2020
This is a tough area of U.S. trademark law, and courts have different views on scope of trademark protection for buildings. On the one hand, rights-holders do have the right to exclude others from using the building images in commerce in a way that denotes "designation of origin" or has a... View More
Some of the products include extra wording (boots & bling it's a cowgirl thing) a few years back I notice the same thing going on, I contacted the sellers and ask them to stop and they did. This time the number of sellers has gone way up. One even put 2020 copyright. logo on there web... View More
answered on Sep 29, 2020
You are bouncing between copyright law and trademark law; and a competent attorney would need more information before giving you some useful guidance here.
Copyright law is intended to protect your creative expressions, whereas trademark law is designed to protect words/phrases/logos/(and... View More
answered on Sep 28, 2020
It depends on what it is you're trying to claim ... but if I understand your hypothetical correctly, it would be more accurate to state "the intellectual property of..."
This question is a little ambiguous though, so you should reach out to an intellectual property attorney... View More
I have social media page with almost a million followers. I make collages of people to show how they can change. There another page reuploading everything from my page and putting it on his without giving credit. I have the persons permission in each post to use their pictures. Since I created... View More
answered on Oct 5, 2020
Yes you do have rights in the collages. Hopefully you also have federal registrations for your works, for that will permit you to make a claim for statutory damages and attorneys' fees.
Your next step should be to consult with an experienced copyright lawyer to make sure you satisfy... View More
I want to register my trademark worldwide and could you please help about the progress?
answered on Sep 29, 2020
I agree with my colleague. Most of the time the Madrid Protocol is a great option for international registration. However, the filing fees in Madrid can add up quickly and steeply, and sometimes your goals for your brand might dictate a slightly different approach. You should speak with a trademark... View More
I’m a pro se litigant - the opposing counsel refuses to answer my supplemental interrogatories that I sent to him via e-mail (he had also transmitted his via e-mail). Is it best to re-send in a pleading format or is this a moot issue?
answered on Sep 28, 2020
You should comply with all federal and local rules when submitting discovery requests. Without knowing more about this particular case, my recommendation would be to play it safe, follow the rules, and submit on pleading paper.
New type of configurable weapon that can be quickly modified for rapidly changing tactical situations - also new weapons for personal defense and law enforcement
answered on Sep 28, 2020
Yes I can certainly help with this matter. I have experience with mechanical and electrical inventions so feel free to check out my background and drop me a line at www.tbillicklaw.com
answered on Sep 28, 2020
You will most certainly need a license from the person who holds the patent, or the licensee who has the ability to grant sub-licenses to the patent in question. If you are planning to make, use, sell, or offer for sale a patented invention you need permission to do so from the patentee.... View More
answered on Sep 28, 2020
Without knowing what patent you're referring to, I can't answer this question fully. However, you can create various search terms around these elements if you utilize Google Patent Search, the USPTO database (PatFT), and the WIPO patent search database (patentscope) to get you in the... View More
answered on Sep 28, 2020
You have a few options. Start with Google Patent Search, then the USPTO Patent Search, and then the WIPO patent search tools. Searching for designs can be a little challenging, for you have to get creative with various search terms and the like. You should reach out to an experience patent attorney... View More
I see “wall paper artworks” with big brands such as Gucci, Chanel and LV logo on it and they are made by small businesses/artists and those artworks are openly sold online. I was wondering isn’t that copyright infringement? How are they not getting sued by big companies?
I made an... View More
answered on Sep 27, 2020
You're straddling both copyright and trademark law. Trademark law covers brands, and is designed to protect against consumer confusion, "passing off," and association with a business. Here, you have a relatively low risk of infringing on the trademarks/brands of these companies... View More
For example I use the iconic "LA" logo on a hat to sell for my business, would that be trademark infringement. Let's say I change the font size, or flip the letter upside down, or add coloring, does it make a difference? Does this apply for the "SF' in SF Giants as well?
answered on Sep 28, 2020
The more you change the logo, the less risk you will have of infringing on the trademark rights of others. So yes, it does make a difference.
I am a Marine and a certified personal trainer, I named my business Marine fit. My business makes money and I am currently turning it into a official LLC. I should have the LLC done in a few days. I read on Marines website they do not authorize the use of USMC or their logos/brands for other... View More
answered on Sep 26, 2020
Hi there,
First, thank you for your service! Second, good on you for asking these questions ahead of time! Third, congrats on starting your business!
To the merits ...
Your risk of upsetting the USMC to the point of eliciting a Cease and Desist letter here is relatively... View More
Hi. I have a question about intellectual property and copyright. If I’ve written a book, how do I know if my book title is taken or if it’s too similar to other book titles? For example could I title it “The Adventures of Ozzy, the Big Blue Dog” or would that be in violation of the... View More
answered on Sep 26, 2020
The short answer is that it depends on how litigious the rights holders would be. Based solely on the information in this this hypothetical, your risk of infringement would be low. That said, characters are subject to copyright protection so an A-to-B comparison of the character(s) would need to... View More
answered on Sep 26, 2020
US Pat. No. 8,402,728 a utility patent that covers what is described in the written claims at the conclusion of the patent. While the figures are highly relevant and instructive in determining the scope of the protection, you need to carefully read the claims to determine the scope. Claim 1 is the... View More
answered on Sep 26, 2020
You should clarify your question. The patent remains enforceable for its entire life. Absent unique circumstances, this is generally 20 years from the earliest filing date from which the patent claims priority. Feel free to reach out to me with further questions.
My name is 4 letters in a unique order, (no existing trademarks). My LOGO for my future website/merchandise, will basically be this same name, designed in a cursive like font (my own handwriting) I initially spoke to a USPTO rep and discovered if I was to theoretically apply for my name and logo... View More
answered on Sep 26, 2020
My recommendation would be to file two applications, covering two classes each. One for the plain name, covering both apparel and music-related services; and another for stylized name covering the same classes. You should reach out to a qualified trademark attorney like myself to help guide you... View More
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