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Questions Answered by Marcos Garciaacosta
1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: How do I retrieve my late fathers patent?

My father signed over his patent to the corporation that bought him out 20 years ago. That company is now defunct ,anyway I can salvage it?

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 3, 2021

Consult with an attorney for legal advice

Most likely the patent has expired and now is public domain

Best luck

Marcos

3 Answers | Asked in Contracts, Copyright and Patents (Intellectual Property) for Illinois on
Q: Is there a type of disclosure document that I can use to protect an IP idea that i am working on, before it's designed?

I have an idea that I'm working on that will have to be patented, but i am reluctant about asking people with the knowledge to build the idea for assistance as they may steal it and create it themselves. Is there a type of disclosure document that I can use to protect my idea?

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 23, 2021

Non Disclosure Agreement

That language should also be included in any contract with people that would do work for you

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2 Answers | Asked in Copyright and Patents (Intellectual Property) for California on
Q: Do I use/buy a trademark,copyright,or a patent to claim a username/name
Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 16, 2021

You should consider a trademark and consult with an attorney

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1 Answer | Asked in Trademark for Hawaii on
Q: This is my company logo that has been stolen from me. Does this show that J & S own this trademark?

I temporarily closed my company down in 2013 due to my son's death. I want to restart my company and when I researched this I found J & S claiming Heaven 's Cookie as theirs. The details are incorrect but the general idea of a cloud with the name inside is the same. The font used... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 13, 2021

you should consult with an attorney

did you ever register the mark?

how long did you stop using it?

what products do you make and they make?

4 Answers | Asked in Copyright and Trademark for West Virginia on
Q: Received a refusal of Trademark due to 'likelihood of confusion with other mark". Can we fight this response?

We requested a trademark last year and received a refusal because our name has a similar acronym "BRI" with a company in Texas. There were other issues with class but seem to be minor at best. Trying to find out if we should attempt to respond to this issue or abandon the request.

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 12, 2021

Answering will cost you over $1,000 and can get bigger

IF you have not done much with the brand, maybe a new one is best

Make sure you have an attorney do the checks for availability for you

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1 Answer | Asked in Copyright for California on
Q: Can I use this?:

I am wondering if I can use this message. “This work is based upon real events. Certain events, dialogue and characters were created for the purposes of fictionalization.”

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 11, 2021

you should be able

don't see any issue

always consult with an attorney

1 Answer | Asked in Trademark for New York on
Q: I would like to know if i am using the correct international class codes on the teas plus application.

I can email a screenshot and also my application to view. Can you look it over and tell me if the application looks good to go? I intend to sell herbal powders, essential oils, bars of soap, and herbal teas. Thanks for your time.

Class codes I used:

Class: 003- for soap and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Mar 1, 2021

Looks like you are ok.

You should consult with an attorney to make sure your mark has a chance.

cheers

1 Answer | Asked in Copyright for North Carolina on
Q: Copyright and Public Domain

Hello,

I would like to use personal letters, purchased by me at an auction, in a book. People who wrote these letters passed away and 70 years have lapsed after their death. Many of the letters were written in the late 1800s. Are these letters in Public Domain? Am I allowed to use them in... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 26, 2021

You should always consult an attorney and this is not legal advice nor forms any attorney client relationship

IF you own the original manuscripts of a work, and the copyright period has expired and nobody else can make a claim to it, most likely you are the owner of it and can do what you...
Read more »

1 Answer | Asked in Trademark on
Q: Trademark number 5910706 issue

5910706

I need help with my trademark number above. I am trying to register the brand on amazon but was told that my brand was not on a principal us registry

When asked justia representative a question Ive got this

“this mark has been registered on the Supplemental... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 24, 2021

You should make a consultation with an attorney to review this.

If you have a registration then that is one thing. If it is just an application still to be decided, then that calls for a different strategy.

Best luck.

2 Answers | Asked in Trademark for Delaware on
Q: Hi there , Basically we have a deficiency letter in need of a response it was incomplete plus to file amendment.

Do I file a ALLEGATION OF USE (STATEMENT OF USE/AMENDMENT TO ALLEGE USE) first and then answer this deficiency letter or both can be done together?

Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 20, 2021

You should consult an attorney.

Most likely you need to respond to the office action and then wait for the notice of allowance to be issued

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2 Answers | Asked in Consumer Law, Copyright and Trademark for Georgia on
Q: Does "Ew, David!" infringe on the trademark "EW DAVID" ?
Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 13, 2021

Yes it does

do not use it

consult with an attorney

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2 Answers | Asked in Intellectual Property for California on
Q: What sort of IP protection is the best for biologic based surgical devices?
Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 8, 2021

For a device most likely a patent, consult with an attorney!

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2 Answers | Asked in Contracts and Copyright for New York on
Q: I own a company in this same exact spelling and everything. Any advice ?

My company in the same name and same tax class, created prior to the date of this trademark filing. What do I do ?

Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 7, 2021

Consult an attorney

Depending on the facts of your case, you may have some established rights.

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Q: Can I file for a patent to improve a product on the market?
Marcos Garciaacosta
Marcos Garciaacosta answered on Feb 6, 2021

Yes you can.

It is done all the time.

Consult with an attorney.

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1 Answer | Asked in Copyright for Texas on
Q: My husband wrote a book and had it self published about 8 years ago. Because of conflicts with the publisher, he pulled

It. He has been working on the next book and when he finishes it, he was going to format it as an ebook and sell it. We have recently discovered that his book is being sold online. I actually purchased one off Google to see if it is the entire book. It is. On another site, it shows almost 600... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 31, 2021

Check the contract he signed with the publisher.

Also check the book if it is the same copyright he registered, if he registered anything.

Contact the publisher of the books you are finding.

They may be left overs, and in many cases royalties do not start until expenses are...
Read more »

1 Answer | Asked in Copyright and Trademark on
Q: Trademark & copyright: I'm starting a new clothing brand called Blvcki and there's a registered brand called BLVCK in EU

Hello, I'm starting a new clothing brand called BLVCKI and I own the website blvcki.com & instagram user name @blvckiofficial, however I found out there's a brand called BLVCK paris which own the website blvck.com and instagram username @black and sells only black clothing and... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 31, 2021

depends

if the mark is registered in the USA and in use here, they can come after you

if they do not have local registrations, but have a presence and sell products here, they can still come after you

consult with an attorney

1 Answer | Asked in Copyright and Trademark for Idaho on
Q: Can I print t-shirts with the phrase “Just Do It”?
Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 31, 2021

No

Please consult with an attorney

2 Answers | Asked in Copyright, Intellectual Property and Trademark on
Q: I'm a streamer who has been going by the name "JollyGreen0502" Am I at risk of getting sued for copyright?

I use the name JollyGreen0502 and I use that on merch that I sell as well. I am worried about possible copyright infringement against B&E who has a trademark on the name "Jolly Green Giant"

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 28, 2021

depends on the context of the brand

you should consult with an attorney

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1 Answer | Asked in Copyright and Trademark for New York on
Q: Can I register this brand for clothing .?

I want to register this brand for clothing and accessories and I would like to know if it's possible and what is the cost

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 26, 2021

You need to consult an attorney so he can do a thorough search for you

1 Answer | Asked in Intellectual Property on
Q: Can I use a name that is no longer being used?

The name is no longer in use and hasn't been for decades, we want to reactivate it and apply it to our business model and concept

Marcos Garciaacosta
Marcos Garciaacosta answered on Jan 25, 2021

Yes BUT

you need to do deep research and demonstrate that there is nobody claiming it

even if it is not registered or the registration lapsed

consult an attorney

best luck

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