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Questions Answered by Benton R Patterson III
1 Answer | Asked in Copyright on
Q: Registering a trademark at EUIPO, which are pros and cons of choosing terms from Harmonised Database (HDB)?

In your experience, which are pros and cons of choosing terms from Harmonised Database (HDB) instead of going for a custom definition? Suppose my trademark covers organization of workshops about craftmanship and suppose I cannot find a single term for representing such a service but, instead, I... Read more »

Benton R Patterson III
Benton R Patterson III answered on Jun 18, 2018

An attorney would need to know more about your business to answer this question. Generally speaking, you should make the description as accurate as possible of the services you provide. The harmonized database can be helpful, but if its not accurate, its better to use a custom description. If... Read more »

1 Answer | Asked in Business Formation, Business Law, Contracts and Securities Law on
Q: What type of agreement is required for investors who will have shares in one website within my publishing company?

I run a small publishing company which owns multiple websites. I am in the process of accepting money from investors who will own shares in one website of the many I own.

Can anyone point me in the right direction of the agreement required for this?

Benton R Patterson III
Benton R Patterson III answered on Jun 15, 2018

There is not a standard agreement for this. You will need a custom agreement. What you are describing may also qualify as a security and be regulated by the Securities and Exchange Commission.

1 Answer | Asked in Trademark for Pennsylvania on
Q: Asking about trademark information. Don't know how to read a TESS. Know the process is involved. Need help. Thank you.

I have what may be a ?product line? idea. It's a name to represent spiritually based slogans which can go on anything from refrigerator magnets to T-shirts, etc. I've looked on the government website and got lost in the process of a bunch of forms which may have well been written in Greek. It's too... Read more »

Benton R Patterson III
Benton R Patterson III answered on Jun 13, 2018

I agree that it is a good idea to make sure the application is completed correctly the first time.

Doing so can save money and years of time. Many attorneys provide free consultations and discounted or pro bono services. You can use Justia to locate a trademark attorney.

2 Answers | Asked in Intellectual Property and Trademark for Delaware on
Q: Would this situation be considered trademark infringement? Details provided. Thank you!

In 2016 A partner and I formed a product oriented company. We spent months of planning and research to choose our company name and product name. We also consulted with two attorneys in choosing the product name. We proceeded to purchase a domain, file a Delaware trademark registration, and a... Read more »

Benton R Patterson III
Benton R Patterson III answered on Jun 4, 2018

The USPTO may deny the application based on the conflict with your registration. I would continue to watch the application. If it is published for opposition, you may want to retain an attorney to oppose the registration. It is also possible that both trademarks can exist concurrently if the... Read more »

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1 Answer | Asked in Copyright and Trademark on
Q: I'm selling on amazon. But my registration status is 686 - Published For Opposition. How can I report other sellers?
Benton R Patterson III
Benton R Patterson III answered on Jun 4, 2018

A trademark that is published for opposition has not been registered yet. If no one opposes your mark during the opposition period, it will be issued.

1 Answer | Asked in Copyright and Trademark on
Q: We plan to create the Youtube Channel and register Trademark for the Name

We plan to create the Youtube Channel and register Trademark for it. The name is: " Dude Perfect JCR" Can I register that name. We also do Strick Shot and much more. All contain we build up ourselves. Tks

Benton R Patterson III
Benton R Patterson III answered on Jun 1, 2018

Unfortunately, this doesn't have an easy answer. Searching for and evaluating conflicting trademarks is a large part of any trademark attorney's practice. You will need to consult with a trademark attorney. I would also recommend using a lawyer to help select what aspects of your branding can be... Read more »

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: I was just trying to change my partnership into a llc or corp c. I'm looking to build Business credit.

I didn't want to use our personal ssn. Which is the best way to go about doing so?

Benton R Patterson III
Benton R Patterson III answered on May 31, 2018

If that is all you want to accomplish, you do not need to convert the partnership to another entity. A partnership can obtain an EIN, allowing the partnership to obtain credit and file taxes under the partnership's EIN, rather than a partner's SSN. You can apply for an EIN on the IRS website.

1 Answer | Asked in Copyright for Texas on
Q: Does the copyright of a TV show extend to the concept of the show — or just the actual recording?
Benton R Patterson III
Benton R Patterson III answered on May 31, 2018

Possibly, depending on the concept. Some original concepts from a show can be protected by copyright. However, copyright does not protect age old concepts that exist in many stories (for example, a group of people of different backgrounds share an apartment or contestants are evaluated by a panel... Read more »

1 Answer | Asked in Copyright on
Q: Hi, have a question regarding brand names. We are looking to start a brand with word MAAS.
Benton R Patterson III
Benton R Patterson III answered on May 31, 2018

This is a trademark issue. If you have an idea for a trademark, the first step is to speak with a trademark attorney about searching for conflicting marks to ensure you are clear to use it.

2 Answers | Asked in Intellectual Property and Trademark for Delaware on
Q: Incorporation in Delaware: trademark exists for company name but in different sector

Hi,

We are going to incorporate a software company in Delaware. There is a trademark for the same company name but in the oil in gas industry in Texas. Also doing a google search, we see that there are other business using the same name in the software sector, but they don't appear to have... Read more »

Benton R Patterson III
Benton R Patterson III answered on May 31, 2018

An attorney would need to review all the facts to answer this question. Here are some general observations that may be helpful.

The oil company trademark could be an issue if the products/services are similar. For example, if that trademark is for geo-location services and your software...
Read more »

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1 Answer | Asked in Business Law for New York on
Q: Hi, i want to present an idea to a company.....i want to know what documents i put in place before i present the idea?
Benton R Patterson III
Benton R Patterson III answered on May 29, 2018

The most common document used in this scenario is a nondisclosure agreement. You should speak with a business attorney about preparing a nondisclosure agreement for your specific needs.

1 Answer | Asked in Business Law and Business Formation for New York on
Q: I'm considering opening a small business in Albany. Am I required to appoint a board of directors or can I just manage

it myself?

Benton R Patterson III
Benton R Patterson III answered on May 29, 2018

It depends on how the business is structured when it is set up, but it is possible to set up a business entity where you are the sole manager without a board of directors.

1 Answer | Asked in Copyright for Texas on
Q: Is naming a character I Think I Can" an infringement of Copyright. Character never says this, is just his name.

Children's story about two pigs. One negative attitude (I Think Not) and one positive ( I Think I Can). Character never says the line, but is intended to relay his "See good in all" attitude. Wanted to make sure the name is not an infringement on the copyright of the old Children's story.

Benton R Patterson III
Benton R Patterson III answered on May 29, 2018

You should be fine with regards to copyright law. Names and short phrases generally are not covered by copyright.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: If a landlord fails to mention breed restrictions when the lease is signed do they have a right to evict me.

I got a pit bull after I moved in and they didn't tell me about any breed restictions

Benton R Patterson III
Benton R Patterson III answered on May 29, 2018

It depends on what the lease says. If its in the lease and you signed it, you are likely out of luck.

2 Answers | Asked in Copyright and Trademark for Texas on
Q: Status 606 abandoned , Does this mean it is outdated?
Benton R Patterson III
Benton R Patterson III answered on May 29, 2018

A trademark application can be marked abandoned if the applicant missed part of the application process. For example, they may have failed to respond to an office action or neglected to file evidence of use.

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1 Answer | Asked in Trademark for Ohio on
Q: Can I submit my trademark just as a name for now for use in the future?

I plan to use this trademark for my business. I plan to change the look of my mark soon but I just want to trademark it right now

Benton R Patterson III
Benton R Patterson III answered on May 29, 2018

It is possible, but generally not recommended. If you claim only the words, and not the look of the mark, the registration will not apply to the look. Also, in order to obtain and maintain a trademark, you have to use it. There may be limited circumstances where you would want to do this. You... Read more »

1 Answer | Asked in Trademark for Florida on
Q: Hi, I have a question regarding trademark violations.

Assuming I am selling bedding items such as sheets and pillow casings on Amazon under my trademarked brand "My sleeping comfort" and a competitor with a different brand sells similar items and uses the words "sleeping comfort" in his product title and descriptions, is he in violation of my... Read more »

Benton R Patterson III
Benton R Patterson III answered on May 29, 2018

An attorney would need to review all the facts involved. Based on what you have described, you probably cannot prevent a competitor from using "sleeping comfort" to describe of bedding. Generally speaking, it is not trademark infringement to accurately describe what a product is using common... Read more »

2 Answers | Asked in Copyright and Trademark for Florida on
Q: Is it just the words that are trademarked or the fonts and the words? Can it be used in a phrase?
Benton R Patterson III
Benton R Patterson III answered on May 29, 2018

You can trademark words in a particular font or a phrase. The amount of subject matter that can potentially qualify as a trademark is extremely broad. In rare instances colors and smells can qualify as trademarks. The key is that the person must use it as an indicator of source in commerce.

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1 Answer | Asked in Copyright for Pennsylvania on
Q: Me and my friends are trying to start a clothing line

The name we choose is I.U.W.T but the only problem that I see is that someone else has the name but without the punctuation marks. Can we still use the name?

Benton R Patterson III
Benton R Patterson III answered on May 22, 2018

It depends on several factors, such as the goods and services associated with the other mark, what is claimed in the application, how long the mark has been in use, among others. An attorney would need to review all the facts to answer this question.

1 Answer | Asked in Contracts, Employment Law, Business Formation and Education Law for Texas on
Q: Starting a after school program at a school district. Wanting to know how to get a contract developed between partners.

Wanted to know what type of business would be better: non-profit or a LLC. Should I have a lawyer look over contract between my company and the school district. Do I need another company to handle taxes and payroll.

Benton R Patterson III
Benton R Patterson III answered on May 14, 2018

An attorney would need to know more about the program to advise on what type of business structure to use. There are many factors to consider when forming a business. It would be best to have a lawyer review a contract with a school district.

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