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 »
I just received a very rude message on Facebook from someone who is selling a similar product than ours under the same name (it's an online learning video course). Our Facebook page has the same name as his product and we were told to immediately change the name or there will be legal... Read more »
As Mr. Gerity mentioned, there is a difference between trademark rights and trademark registration.
For your particular case, some time need to be spent analyzing the merits of the infringement, and to help you figure out whether your mark is actually conflicting with theirs or infringing...Read more »
I Dont Have Any TradeMark register, I'm interest to do it, and basically get my logo protect and my others logos for my respective names of projects (talking About Record Label, Graphics,And Music Productions)
Clothing namely, shorts,caps, hat, jerseys,blouses, shirts, T-shirts,
The proper way to go about this is to do a trademark search or a quick knockout search to make sure no one else has registered your mark or anything similar. If you are set on the designs, you can also just proceed with the registration without any professional searches. Most trademark attorneys...Read more »
Your case is complex enough that you should see a competent lawyer in your area to confirm technical points such as who owns the intellectual property, in the absence of written agreements whether an oral partnership exists, whether your partner would have a right to use your intellectual property...Read more »
U.S. Copyright laws state that only the work’s “author” has the right to reproduce, distribute or make “derivative works” of the work. However, there are certain exceptions. Some of these exceptions are known as “fair use" which include parody and news reporting.
I have created a tech news website named makewindowsgreatagain.net and I am wondering if it's legal because someone told me Microsoft will sue me and demanded I hand over the domain name when they find out and that I would be called a copyright pirate.
Trademark rights are used to prevent others from using a confusingly similar mark. By looking at your site, I would say that a reasonable person might be confused as to the the origin of the site, and because others might be confused and think that this is site from Microsoft, I would stay away...Read more »
I privately message them, so they could post it on their page, as so I could remain anonymous, but I did not give permission for them to give out my image to people other than their own page. Am I entitled to anything?
It depends on the agreement you had with them. Was there a standard agreement for anyone sending them images? did you specify when sending the image that only they could use it? More details on this are needed to better answer your question but I would start by looking at their standard agreement...Read more »
You can but only if the improvement would not have been obvious to someone else skilled in the art. It would be difficult to patent the same idea, the same function and same application with a different material unless you can show that making it with that material would have been impossible in...Read more »
A quick Trademark search for Beauty and the Beast on the USPTO website shows that a few companies have registered trademark rights for variations of the title. In addition to trademark issues, you would also be dealing with copyright issues in this case. Trademark laws prohibit engaging in unfair...Read more »
Original and remix sounds like generic worlds to me. Or it is not? Can someone register "Merry Christmas" and sue everyone for IP infringement if they print t-shirts with "Merry Christmas"? Can I start selling t-shirts with name "Original" and "Remix" in a... Read more »
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