The approval time varies for multiple reasons. The peak time for approval for a mark already in use is 6-9 months and the peak time for approval for a mark not in use yet but intended to be used is 12-15 months. I have a LinkedIn article explaining a short case study I performed to determine... View More

Generally, almost all patent litigation is in federal court. Some patent litigation is in state court if it is related to a patent issue – which may apply to your situation of a patent/contract because the contract is in question and therefore the case will be decided in state court – but it... View More

Unauthorized use of a word with trademark rights can be viewed as trademark infringement or trademark dilution. Below is a more technical description of both.

One can commit trademark infringement if that person uses a mark, which is the same as -- or similar to another mark -- that will... View More

Consider calling different attorneys and getting some quotes – the previous answers seem to fall in the range of what different attorneys will quote.

This answer includes generalizations. There are many caveats. This answer does not form an attorney client relationship.

Consider a consultation with a trademark attorney. There are specific issues related to trademarks when the geographic origin is part of the trademark.

Generally, trademark infringement is found when there is likelihood of confusion related to: (1) the similarity of the marks; and (2)... View More

Consider a consultation with a patent attorney to determine your rights.

Generally, if the invention is made related to employment, then the employer owns the invention. Although, the specific facts related to the invention will determine who owns the invention. That is why a consultation... View More

Consider using the find a lawyer function in Justia to look for a patent attorney. Call around and get some quotes. The patent attorney will guide you through the process.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client... View More

Colors can have elements of trademark and trade dress rights associated with their use – in the general area of clothing/apparel/products/packaging.

In the past, rights have been secured for the use of color on different parts of a shoe. Although in general, fashion has its particular... View More

Search patent brokers – give them a call – some can be hit or miss if they will pick up their phones.

There are some non practicing entities (NPE) – which can have a bad reputation as abusing the system – although some aggregate electronic patents to be bought or sold. Also a NPE... View More

A patent search would be needed to determine if a patent possibly exists.

A do it yourself search can be started with learning about searching for patents on the USPTO website (https://www.uspto.gov/patents-application-process/search-patents)

Although, it is generally recommended... View More

Generally, using another’s trademark can be trademark infringement or trademark dilution.

Consider consulting with a trademark attorney. Many companies work vigilantly to protect their trademark because it is valuable. Therefore, it is prudent to assess your risk before using... View More

Consider a consultation with a trademark attorney to discuss how to obtain trademark rights – and the likelihood of obtaining the desired rights.

If you are doing research on your own the United States Patent and Trademark Office website (uspto.gov) has a lot of material/information.... View More

A full analysis should be made to determine if the proposed product infringes on the found patents. If non-infringing, it may also be prudent to do a full search to determine if the product infringes on a patent not yet discovered.

As a general disclaimer, this answer includes... View More

Consider a consultation with a trademark attorney to discuss how to obtain trademark rights – and the likelihood of obtaining the desired rights. Generally, trademark rights are obtained by use (common law rights) -- and then there can be a federal registration to gain additional rights. Or, a... View More

There will be multiple issues to project you are planning – consider an entertainment attorney, business attorney, or another attorney that does funding work or other contractual work. As a suggestion, use the Find a Lawyer function in Justia to find a lawyer. Make some calls. And try to find... View More

Use the Find a Lawyer function in Justia to find a lawyer in the practice area of the lawsuit. Make some calls. And try to find the best attorney who fits your needs. Best of luck.

This answer includes generalizations and there are many caveats. This answer does not form an attorney... View More

In general, if prior would invalidate the claim for reasons of novelty or obviousness then the claim will be invalid – if that comes to light during examination, another action before the patent office, or during litigation.

Many patent claims seem trivial, but the way most patent claim... View More

A trademark can have common law trademark rights – obtained by use. Therefore an inactive federal registration does not necessarily mean that a trademark is clear to use.

Also an abandoned application can be revived – depending on the underlying facts.

Consider a consultation... View More

Ask the lawyer who prepared the settlement if he/she can explain the situation.

If extra legal counsel is needed you can use a patent litigator. Patent litigators create settlement agreements as a regular part of their practice because many patent disputes are settled.

This... View More

Contact a patent litigator and go from there.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship.