It depends on why the mark was cancelled. Was that the result of a lawsuit or other proceeding where the mark was adjudicated to be confusingly similar to another mark, or otherwise not allowed to be registered? Or did the mark expire by failing to file a Section 8 affidavit or renewal application?... View More

Yes, it is possible (perhaps even likely) that the USPTO examiner will reject your application based on the other registration. If you are interested in securing a federal registration, it may still be possible, but it would take more attorney time (and thus cost) responding to an office action to... View More

It's probably what is called fair use. Technically, that is a defense to infringement, but if you are concerned about your image and improper use of logos, ask yourself this: What do you gain by including these visual elements on your resume? Will the recruiter think more or less highly of... View More

You need to have the prior owner of the business sign (in his/her official capacity as agent of the business) a legal document called an assignment. You would then record that document with the USPTO. The filing fee for recording the assignment is $40, and the attorney fees for preparing and filing... View More

You should hire a lawyer to review your case and prepare a formal legal demand. I have done this for clients in the past with good success.

If you don't need the money immediately, you could return the check to the landlord together with a demand for full payment. I would not... View More

You need to fire your attorney first, and ensure the court recognizes your decision. Generally the court prefers that you have legal representation, and if you discharge your lawyer the court will generally give you time to find a new one. However, I am not a family law expert, and there may be... View More

Maybe. If you suspect that your manuscript was leaked, or some how obtained by the other author and that formed the basis for their own story, then yes, you may be able to sue under various legal theories.

On the other hand, independent creation is a defense to copyright infringement. It... View More

Trademark law is based principally upon consumer confusion. It is a source identifier. So if in your hypothetical COOL (the word alone; not stylized) is so well known that people associate it with one particular t-shirt maker, then potentially that company could prevent others from using the word... View More

Generally speaking, intellectual property rights depend on the country where they are issued/recognized. For example, a Chinese patent is not enforceable in the United States, only a U.S. patent is enforceable within U.S. borders, and vice versa.

Regarding copyright, the same may be true.... View More

Google Scholar is a great resource for finding case law and scholarly articles that may give you the insight you are seeking. Otherwise find a local library (or law library) and seek assistance with at reference desk. A reference librarian can point you in the right direction to come up with... View More

It probably means the proceeding to cancel a trademark has come to an end. Whether the trademark has been canceled or remains registered and enforceable is a different issue. If you would like more information about "dead" trademarks (including canceled ones), I have written a blog post... View More

No. Nothing is "immediate" in the law. If you have a case where your rights under a contract are being breached, I suggest you speak with a copyright attorney to determine what you can do to restore those rights and potentially secure unpaid royalties.

Griffin Klema

https://klemalaw.com

You heard wrong. Patents must be obtained through prosecution before the USPTO. You have no "common law" patent rights in the U.S. Thus you only have a patent with an issued "letters patent" recognized by the U.S. federal government.

As for copyright, while technically... View More

Answer: The application (publication no. 20140207500) is a continuation of the prior patent application (no. 11/502,361), which in turn claims priority from a provisional application (no. 60/707,146).

Because a continuation is not a "new" invention, no additional declaration or... View More

Oral contracts are tricky because it's all dependent on he-said-she-said and circumstantial evidence. Unless you had some agreement that included a term called "force majeure" the planner may still be liable to you for some or all of what you paid, notwithstanding the hurricane.... View More

Since you have access to LexisNexis, try searching for Colorado property ownership laws concerning minors. Or more specifically "intellectual property" ownership by a minor. You should be looking for a statute relating to minors and property, perhaps language like to “sue or be sued”... View More

Generally speaking, you cannot use someone else's intellectual property without their consent. There are very few exceptions to that basic rule, such as parody or fair use in copyright. You should seek the advice of an attorney before doing anything that could be construed as copyright... View More

You can search for assignments of U.S. patents and patent applications here: https://epas.uspto.gov

Griffin Klema

https://klemalaw.com

There is no such thing as an "international" trademark. Each country has its own trademark laws, but you can proceed under the Madrid Protocol to ensure that you are able to protect your trademark rights in various countries.

If you were going to pursue protection in all... View More

Depending on what your state's law provides for noise ordinances, nuisances, or disorderly conduct, you may be able to pursue a civil action against the tenants under a theory of "negligence per se."

As for the property owner or management company, they too may be liable... View More