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Questions Answered by Marcos Garciaacosta
1 Answer | Asked in Business Formation, Intellectual Property and Trademark for California on
Q: If I file trademark for a certain class am I allowed to do everything within that class or only that initially stated.

I want to file a trademark for an LLC I want to make

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 15, 2019

Depends.

In theory yes, but you need to stick close to what you listed.

If you plan to sell more than just your initial description, you should list it in your application.

www.legalbizglobal.com

1 Answer | Asked in Trademark on
Q: Hi I am looking to register a brand name for a company of dietary supplements How you can help,Hisham@totalcareae
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 15, 2019

sure we can

we do this all the time

contact us

www.legalbizglobal.com

1 Answer | Asked in Trademark for Texas on
Q: Is the trademark “bee happy” available for purchase?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 15, 2019

you need to work with an attorney to understand the availability of the trademark. you did not indicate where you want to use it or under what usage conditions.

www.legalbizglobal.com

2 Answers | Asked in Copyright and Intellectual Property for New Mexico on
Q: I sell rustic wood pallets. If someone tells me to carve the dallas cowboys logo on one is it copyright infringing?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 15, 2019

yes it is

stay away form replicating anybody's else designs or logos

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1 Answer | Asked in Trademark on
Q: We apply our trademarks for almost 20 months, it is still pending, the newest status: 661, what we could do to speed up

Status: 661 - Response After Non-Final Action - Entered

Party NameJi Dongfan

Serial Number87885874

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 8, 2019

Looks like you are being refused because your mark is very similar to another one already registered.

Your best and cheapest option is to choose another mark.

Contact me if you need anything.

www.legalbizglobal.com

1 Answer | Asked in Trademark for Georgia on
Q: How do I get the trademark TBO farms active again

My girlfriends uncle is the one who tried to set it up and he isn’t very good with technology and now I’m up at the farm working and need to get this figured out

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 6, 2019

you should work with an attorney to make sure you can get the mark.

if it has been while since it expired, most likely you need to file again, start from zero. and hope nobody took it from you.

are you in georgia?

www.legalbizglobal.com

1 Answer | Asked in Intellectual Property on
Q: Can properties that have been donated like laptop, bag cellphones can be recover by the donor once it.is donated?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 3, 2019

yes, you can buy them back.

once given, specially if you take a tax deduction, it is gone

there are specific rules about gifts and that is basically the same

www.legalbizglobal.com

1 Answer | Asked in Copyright, Entertainment / Sports and Intellectual Property for California on
Q: Can a fake digital copy of the celebrity's voice be used in movies without permission from this celebrity?

Using machine learning technologies, a developer can create a synthesized copy of the celebrity's voice (for instance, like here https://youtu.be/DWK_iYBl8cA).

Can this developer use this fake digital voice in movies, mobile games, for songs, or any other video and sound content without... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 3, 2019

Fake or real there needs to be authorization of the person whose voice or image is being used?

Permission is the key.

www.legalbizglobal.com

1 Answer | Asked in Consumer Law, Contracts, Copyright and Immigration Law for Indiana on
Q: Can i hire a lawyer and give power of attorney to the lawyer to help with the sale of my Car?

I am asking as I am out travelling outside USA for 3 weeks, to get my Visa stamped on my passport, I would need a lawyer to represent me with the Car sale, if I am unable to return to the USA for some reason

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 3, 2019

In general yes. it will always depend on the attorney.

Many attorneys do not want to get directly involved in transactions of this nature as many things could go wrong.

All you are doing is giving a power of attorney to somebody.

can be a lawyer or anybody else.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for New Jersey on
Q: I like to purchase this trademark!
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 3, 2019

which one?

you need an agreement and a filing with the trademark office if it is registered

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2 Answers | Asked in Trademark for California on
Q: Hi, Can I use the words 'Muck boots' in a business name? For example - Women Muck Boots
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 3, 2019

as indicated it will depend if somebody has it registered or using it.

it will depend on the type of use and that it complies with the rules for registering a trademark

best luck

www.legalbizglobal.com

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2 Answers | Asked in Intellectual Property for California on
Q: My patent was stolen by another employee. What legal actions can I take against him?

My patent was stolen by another employee who contributed nothing to its conception. I did not even know him when I conceived my idea. He inserted his name onto the application without my knowledge. I have paper trails of my invention including (1) the official company announcement acknowledging... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 3, 2019

contact an attorney and see if you can file with the patent office something.

the filing needs to be truthful so adding somebody who did nothing is a violation of practices.

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1 Answer | Asked in Copyright and Intellectual Property for Georgia on
Q: Can I "tease" a small portion of a melody from a movie soundtrack in a guitar solo to a rock song?

Specifically, my song is in part about Harry Potter, so in the blues solo I am writing I want to play the first 4-6 notes in a lick repeatedly with different rhythms, sometimes in the correct order and sometimes not, never in the same rhythm as the soundtrack. My goal is to get just close enough... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 13, 2019

don't. don't try.

there are tons of cases similar to yours in litigation.

what you just described is the core of their litigation, people confuses it with the original work.

www.legalbizglobal.com

best luck

2 Answers | Asked in Intellectual Property for California on
Q: My patent was stolen by a director at a previous employer. What legal actions can I take against him?

In 2013, I invented an aircraft concept. At the company's recommendation, I filed and received a patent for it (patent issued Aug 2018). In 2015, I modified this patent to include another design feature. During the internal application process, I learned that a director inserted his name onto... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 13, 2019

Check your employment contract and any other document you signed with your previous employer.

Most likely you gave up any rights to profit from the patent when you agreed to work with them.

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2 Answers | Asked in Copyright and Patents (Intellectual Property) on
Q: does this patent apply globally? are there any exceptions?
Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 13, 2019

Patents are very country specific.

You need to plan and budget appropriately.

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2 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Could I publish a book about vocal experts' opinions on a topic, taken from interviews/info online, without permission?

Could a couple of their names be featured in the book title? Could I write each chapter focusing on one public figure scientist, explaining their perspective on the topic as researched through free material found online? Would a disclaimer at the beginning of the book saying these scientists... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Nov 13, 2019

you are skating close to the edge.

consult with an attorney to understand all your risks.

you should also consult an insurance agency for copyright and IP infringement coverage

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2 Answers | Asked in Copyright for California on
Q: Licensee Exam Questions - Copyrights

Does a self-note wrote down after the exam violates the copyrights by reproducing the exam questions? Do they have the authority to invalidate my results because of that?

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 30, 2019

You may also be violating other clauses, such as confidentiality, agreement not to take information, etc. They may not do anything to you, but be aware of it.

Best luck.

www.legalbizglobal.com

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2 Answers | Asked in Trademark for Kansas on
Q: Can you sell something trademarked in a different good and service listed?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 25, 2019

It happens all the time

you need to do a serious analysis to make sure you are not stepping on anybody's rights

marcos.e.garciaacosta@gmail.com

www.legalbizglobal.com

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1 Answer | Asked in Copyright for California on
Q: Is "Buddy the Elf" trademarked? I'm a photographer and was planning on doing a Buddy the Elf Photoshoot for Christmas.

I saw that photographers were getting cease and desist letters for doing "The Grinch" Photoshoots because The Grinch is trademarked. I can't find any info on Google about Buddy the Elf being trademarked.

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 25, 2019

There may be a number of protections. Trademark is one of them.

There maybe patents, or copyrights. So be careful.

Check if they offer licenses for photographers like you.

marcos.e.garciaacosta@gmail.com

www.legalbizglobal.com

1 Answer | Asked in Trademark for South Carolina on
Q: If a person has a trademark on a phrase.. can nay part of the be used by another if things are added or omitted?
Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 25, 2019

depends on how much the message of the phrase changes.

keep exploring

www.legalbizglobal.com

marcos.e.garciaacosta@gmail.com

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