if the trademarked mark is in the same class (goods/services) or related class, then you should stay clear from that mark. That being said, there are a few factors that the USPTO and courts consider when deciding whether there is likelihood of confusion with another mark.
it depends on the classes they're using the mark for and the ones you're planning on using the mark for. If it's for the same goods/services and they've been using the mark longer, then it would be an issue. You should consult a trademark attorney.
As far as patents are concerned, if the brush you're referring to has existed in the market for a while, then it's probably fallen in the public domain. If this is a new brush, you should hire a patent professional to help you with a clearance search and or freedom to operate.
It really depends on what your toy looks like and how new and unique it is. You may be able to cover the functionality of the toy by means of a utility patent and protect the look and feel of the toy by means of a design patent. You should definitely seek patent legal counsel for this.
My employer had filed a patent in 2017, where I was one of the two inventors. I understand the ownership of IP is with company, but I want to find out how do i even track the patent application status. The application was filed in 2017 and I believe it would have been through private... Read more »
It really depends on the improvement and changes you've made to the existing products. If your improvements or changes are novel and would not have been obvious to someone skilled in the art, then yes. As Mr. Mlynek suggests, if there are plenty of them out there, this might be an uphill battle....Read more »
When receiving a patent infringement letter, you should assess the claim and do what we call an infringement analysis analyzing the cited patents and your work. As Mr. Flynn says, this is not something that you should handle yourself and should hire a patent professional to help with this.
It really depends on your business, invention, and product or process. There is no one size fits all answer for this. Is your intellectual property even patentable? Would you want to license it or keep everything in house?
In the United States, for utility patents filed on or after June 8, 1995, the term of the patent is 20 years from the earliest filing date of the application on which the patent was granted and any prior U.S. or Patent Cooperation Treaty (PCT) applications from which the patent claims priority....Read more »
I also want to know if someone sold products with my design before my design patent certificate registered, can I accuse him as infringement after my patent registered? If not, what else can I do to stop him selling products with my design patent?
1) Can you protect your US Design Patent in the EU or Canada?
This will depend on when you filed your design patent. Typically for design patents, you have 6 months from the date of filing in order for you to file in other countries and claim priority to your US date.
It looks like your mark was cancelled because you failed to file a Declaration under section 8 in a timely manner. If you miss the filing dates and the mark is cancelled, the only way to reclaim federal trademark rights is to file a new application for registration....Read more »
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