It's a safety system for school buses
answered on Jul 6, 2020
When preparing a patent application, an important part is providing an accurate description. Consider working through your invention – fully thinking about all the parts and where another could invent around what you are doing. Your patent attorney will do the same thing, and develop a strategy... View More 
And then another person Wants to register his trademark namely "SEVEN" for the chocolates.. would he be able to get it's registration?
answered on Jul 6, 2020
Generally, the interchangeable meanings are equivalent (cause confusion) when related to trademarks. For instance, a word in another language would conflict with the English translation for that word. This also goes so sounds of letters – an “ee” at the end of a word might conflict with a... View More
answered on Jul 4, 2020
Any new and useful improvement can be patented – considering other issues such as the improvement is not obvious. When looking at patents, determine if the patent is active – this will change the analysis of how to go forward.
This answer includes generalizations and there are many... View More
Decisions that result in profit and loss without a license, and if so, how would that be prosecuted for damages. Such as short trade positions, and commodity trading, or purchasing of companies and or other patents.
answered on Jul 3, 2020
Generally, patents are published after issued and many times before that unless there is a request not to publish. Anyone can learn what is in the patent. Only the patent owner has the right to make, use, offer to sell, or sell the invention. If someone else does that, it’s infringement.... View More
It would be considered fraud or no?
answered on Jul 1, 2020
Consider contacting a local pro bono attorney group related to the issue. The specific facts would need to be reviewed to understand what happened and any possible wrongdoing.
This answer includes generalizations and there are many caveats. This answer does not form an attorney client... View More
Or only the proposal is enough?
answered on Jul 1, 2020
In a patent application, the invention must be disclosed. In the patent application the invention will be described – and whatever is required to understand the invention. Therefore, if the aspect of "the complete wheelchair" is necessary to understand the invention, then yes the... View More
I'm looking at starting a business called BioFone and a couple of Google searched landed me on this page, I saw it may have been trademarked but it didn't seem as though it went through.
answered on Jul 1, 2020
Trademarks can be considered similar to another based on looking alike or sounding alike – plus other issues. As above, consult with a trademark attorney so your full rights are protected.
This answer includes generalizations and there are many caveats. This answer does not form an... View More
The patent number is: USD732309S1.
I was wondering, if the same design was used by another company in Europe - if the company who patented the design in the US is able to sue?
answered on Jun 30, 2020
If you are searching for international patents start with Escapenet or Google Patents.
Patent rights are territorial. So, if a US patent covers rights to that invention in the US, not in Europe. A European patent would be needed, to assert patent rights in Europe.
This answer... View More
answered on Jul 1, 2020
Take into account, that certain disclosures of your invention to the public can limit your ability to obtain a patent in the US or in other countries. Consider consulting with a patent attorney so your full rights are protected.
This answer includes generalizations and there are many... View More
The patent number is: USD732309S1
answered on Jul 1, 2020
Consider searching with Escapenet or Google patents.
This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship.
I.E. If you pay a photographer to take a picture of a professional athlete, can you then sell that picture on clothing? Since you now technically own the image.
answered on Jun 28, 2020
There are two elements here – rights to the image under copyright law and rights to the use of the image related to rights to publicity/likeness/privacy related to the famous person (and maybe others). You are claiming rights to the image under copyright. You need to clear the rights related to... View More
begun using it in the same class? Is there a period of time after which a trademark is listed as abandoned or dead that it is ok to beging using it?
answered on Jun 28, 2020
Generally, trademark rights are based on use. Using a mark gives common law rights to the user of a trademark. Registering a trademark with the federal government will give extra rights in addition to the common law rights. Therefore, even if a trademark does not have an active registration,... View More
I am writing a book based on my interpretation of the Hotel California album by Eagles. Can I name my chapters after the songs on the album?
answered on Jun 26, 2020
Generally, short phrases – including titles of songs – are not protected by copyright law. A short phrase is not protectable because there is not sufficient authorship. That said, the more you take from someone else the more likely the other party will claim there was authorship -- maybe the... View More
I am a digital artist and want to create some portrait digital art from an Associated Press photo of president Trump.
I asked AP to see if it is ok to use their photo. Also, even if AP says it is ok to use it, will there still be legal issues to use a portrait of president Trump in my art?
answered on Jun 26, 2020
If you are making another piece of artwork from an existing photograph, be aware of the idea of derivative works. The owner of a work has the exclusive right to make derivative works of their work. A derivative work is an adaptation of the first work, or also considered “based on” the first... View More
I'm launching a membership and stand alone sales program covering copyrighted novels, The Hobbit, Harry Potter, Hunger Games, etc. where I develop and sell learning workbooks to complement learning using the novels.
I will sell membership plans for the resources I create.
Is... View More
answered on Jun 25, 2020
Under copyright law 17 USC 106, the owner of a copyrighted work has the exclusive right to copy, prepare derivative works, distribute copies, publicly perform, publicly display – of their copyrighted work.
A derivative work is a work made from another work – with other descriptions of... View More
I intend on editing (adding text and additional imagery) the original footage as well. I have seen other YouTube channels get away with using NBC Sports' footage by simply giving them credit.
answered on Jun 24, 2020
Copyright generally gives of the owner of the work the exclusive right to copy and display the work. This means the owner is the only one allowed to copy or display … plus other rights. There are exceptions – one being fair use. Review the fair use factors on the copyright.gov website at:... View More
I have written a screenplay based on a true story that includes a forgotten historical figure, the man who researched and wrote about him, and myself, who found the lost manuscript of the deceased author and decided to tell their stories. My work is more derivative than adaptation, but still uses... View More
answered on Jun 24, 2020
This situation has a lot of facts related to the situation.
You have spent such a significant amount of time working on the project so overall you will want to consult with a copyright/entertainment attorney. It would be an injustice for you to take anything from a message board as... View More
I want to register word mama
answered on Jun 24, 2020
There is a requirement under Section 8 of the Trademark Act to file an affidavit or declaration of use of the mark (or an excusable reason for non-use) in addition to a fee – at different time periods after the registration of a trademark.
Consider consulting with a trademark attorney to... View More
answered on Jun 23, 2020
Patent protection is territorial in nature -- meaning a US patent protects patent rights within the United States and not other countries.
The second part of the question (the letters and numbers) looks to be a categorization of the type of invention. Inventions are given specific... View More
answered on Jun 23, 2020
Trademark rights are gained by using a mark associated with a good or service. If you start using any mark (word, phrase, symbol) to indicate the source, the mark will have common law trademark rights. If the mark is registered with the federal government and approved then there are greater... View More
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