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Questions Answered by Marcos Garciaacosta
5 Answers
| Asked
in
Patents (Intellectual Property) and Intellectual Property
for
District of Columbia
on
Q: How to register a patent for a wind turbine in the United States?
I'm looking to register a patent for my wind turbine invention in the United States. I'm unfamiliar with the patent filing process and types of patents available. Could you guide me on the general steps involved? Additionally, I'm interested in knowing if hiring a patent attorney... View More 
Marcos Garciaacosta
answered on Jun 30, 2025
answered on Jun 30, 2025
You can do prior art searches on your own to get a feeling if there are already patents, most likely, covering your idea.
Before you spend money in getting a patent you should have a solid understanding of the criteria and chances of success.
Having a number of consultations with a... View More
Q: Is naming a song "ATARIAN" trademark infringement against "ATARI"?
I intend to name a song "ATARIAN" for commercial use, and the "ATARI" trademark is registered with a different party, with whom I have no ownership or connection. "ATARI" is primarily a tech company selling video games. I am not using a similar logotype to the... View More
Marcos Garciaacosta
answered on Jun 30, 2025
answered on Jun 30, 2025
Depends on several factors. Consult with an attorney before moving forward.
Marcos law.
2 Answers
| Asked
in
Patents (Intellectual Property), Civil Litigation and Intellectual Property
for
Ohio
on
Q: Advice on patent ownership issues after grandfather's death, suspected deceit/theft involvement.
I am seeking advice on the patent ownership issue concerning my late grandfather's work. After his death, it's suspected that the patent might have been acquired through deceit or theft, as his work has been sold at auction by unknown individuals or entities. There is documentation... View More
Marcos Garciaacosta
answered on Jun 27, 2025
answered on Jun 27, 2025
Consult with an attorney who can search for the patent and determine what transactions have taken place.
Also Patents expire after a set period of time.
Q: Trademark availability of "Bad Boy" for sports clothing worldwide - registration assistance needed.
I want to know if the trademark "Bad Boy" is available worldwide for registration, specifically for sports clothing. If available, I would like to proceed with the registration immediately. Can you help me with this process?
Marcos Garciaacosta
answered on Jun 27, 2025
answered on Jun 27, 2025
You should consult with an attorney. And there are not worldwide registrations.
Best luck. Marcos law.
Q: Trademark status inquiry for "630 - New Application" at USPTO
I submitted a trademark application on February 2, 2023, for a word mark through the TEAS Plus Application, with the serial number 97772339. The current status is "630 - New Application - Record Initialized Not Assigned To Examiner." I received the official Filing Receipt from the USPTO... View More
Marcos Garciaacosta
answered on Jun 18, 2025
answered on Jun 18, 2025
Give it about four months for them to examine and give you feedback.
Marcos Garciaacosta.
Q: Author promotion: using follower-submitted character ideas without legal issues
I'm an author planning a promotion on Instagram where followers submit character ideas. The winner will receive a free copy of my book and have their character featured in my next series. How can I ensure I can use the submitted character without facing legal issues, and should I use an... View More
Marcos Garciaacosta
answered on Jun 6, 2025
answered on Jun 6, 2025
Tread with care. You will need an agreement with the participants where they release you of any obligations and assign you all their rights.
You definitely need to consult an attorney.
Q: How can I resolve my case with blocked Amazon funds?
I am a defendant in a case filed by Keith Vogt IP (Case 1:24-cv-02232), and my Amazon funds are currently blocked because of this case. I have not yet consulted a lawyer. I would like to know the best steps I can take to resolve this situation and have my funds released. What should I do next, and... View More
Marcos Garciaacosta
answered on Jun 6, 2025
answered on Jun 6, 2025
This is probably related to violation of IP, probably a patent.
You most likely need to settle or fight/win the litigation.
The reason your funds are frozen is because the Plaintiff will use them to recover their damages.
Consult with an attorney.
Q: Can we file our own trademark for "Humans vs Zombies"?
I am involved with a group that organizes events using the name "Humans vs Zombies," which is a class 041 trademark related to sports and entertainment. This trademark has recently become defunct because the owners did not respond to filing requests. We use the name and its abbreviation... View More
Marcos Garciaacosta
answered on Jun 6, 2025
answered on Jun 6, 2025
Very likely yes you can.
Make sure the original owners do not claim common law rights.
Work with an attorney.
Q: Is 'Yardster' trademarked for apparel in lawn care?
I want to use the name 'Yardster' for an apparel brand in the lawn care industry. I have not started using it in commerce yet, and I'm interested in knowing whether I can use the name 'Yardster' or if it is already trademarked in the United States.
Marcos Garciaacosta
answered on Jun 5, 2025
answered on Jun 5, 2025
You need to do a mark search in USPTO or hire an attorney to do that.
And you should do some google searches to see if somebody is using it even without registration, developing common law rights.
Marcos-law
Q: Seeking type of document to protect against lawsuit after repaying contributions.
After asking a family member to leave my home, they assaulted me, leading to both of us being arrested. The charges were dismissed, but now they are threatening a lawsuit for a large sum of money. I've agreed to repay them for their contributions during their stay, documented through Zelle... View More
Marcos Garciaacosta
answered on Jun 5, 2025
answered on Jun 5, 2025
You need to draft a settlement agreement. Where they accept your payment, and agree that it settles any claims they may have against you.
Contact an attorney.
Marcos Law.
Q: How to reapply for expired trademark registered in 2011 and used continuously?
I had a trademark filed on November 11, 2011, with registration number 4318073, which expired. We have been using this trademark every day since its registration date on April 9, 2013. There have been no changes in ownership or any details of the trademark since its last registration. We were... View More
Marcos Garciaacosta
answered on Mar 10, 2025
answered on Mar 10, 2025
As indicated already you need to file a new application. You may have earned common law rights by the continued use. But your trademark may not be approved if somebody else filed something similar before you in the same class.
Consult with an attorney.
Q: Can I be sued for a company loan?
In June 2017 I was president (in name only) of a company located in Phoenix Arizona. In April 2017 the company took out a $10,000 loan for business purposes, however, in June 2017 the company ceased doing business.
The loan was from a company in California. The loan was issued in April 2017... View More
Marcos Garciaacosta
answered on Jul 20, 2023
answered on Jul 20, 2023
You should consult with an attorney.
There are a lot of red flags. And you may be sued just because that is the only name they could contact or locate. You should also review the contract to see how you are implicated.
Also, if they sue and you do nothing you may lose by default.... View More
Q: I have an idea that I would like to check if it is already patented. How do I find out? Do I have to pay anyways?
This idea is an innovation in building automation systems and isn’t necessarily just a MA patent, but I am not sure how this process works.
Marcos Garciaacosta
answered on Apr 18, 2023
answered on Apr 18, 2023
You should have a paid consultation with an attorney who can explain to you the process. You can do searches yourself at USPTO or google, and USPTO also offers articles and videos that explain the process. Best luck.
Q: If I trademark my companies name, do I have to trademark the LLC portion as well?
Marcos Garciaacosta
answered on Apr 17, 2023
answered on Apr 17, 2023
Most likely if LLC is part of the brand you want to protect, like Ms. Suero said, you should register as you plan to use or promote.
You should book an appointment with an attorney.
Q: I'm an underage game developer on Roblox. I didn't get fully paid. Is the content I made still legally mine?
I was told I would be paid a commission fee and a percentage of revenue. I only received the commission and was told I would not get my percentage. The exact role I had was the lead animator. I took the animations from one program and edited them before importing them into the game engine. In... View More
2 Answers
| Asked
in
Copyright
on
Q: In my will I’ve requested that my book not to be made into a film. Can anyone overturn this request.
Marcos Garciaacosta
answered on Apr 14, 2023
answered on Apr 14, 2023
Maybe. You should consider paying for a consultation with an attorney.
You may need a trust, and have proper copyrights in place.
Q: I want to create my Gym Clothing line with the name GYMBARBIE is this a copyright infringement?
Marcos Garciaacosta
answered on Apr 17, 2023
answered on Apr 17, 2023
I agree with my colleague. Further almost any use of Barbie will be scrutinized and possibly opposed.
Q: Should I file a TEAS Plus or Standard if the class IC029 has a close description of my product but is not exact?
IC 029 states "prepared meals consisting primarily of meat substitutes".. my product is plant-based snack consist of plant-based deli, cheese, and crackers (AKA Vegan Lunchables). So should I file a TEAS Plus with class 029 or TEAS Standard?
Marcos Garciaacosta
answered on Apr 12, 2023
answered on Apr 12, 2023
The difference in price is not that much, so you should do whatever feels most flexible to you.
Q: I did a TESS search for a trademark filing. Found one live match but their word mark is longer than my name. Is that ok?
My business name is The Business Clinic and the only live trademark I could find is listed as "THE BUSINESS + CLINIC RX FOR SUCCESS". There have been other "The Business Clinic" filings but all are now shown as Dead. Before I do the filing, however, I'd appreciate knowing... View More
Marcos Garciaacosta
answered on Apr 10, 2023
answered on Apr 10, 2023
You should consult with an attorney to understand your risks.
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