Though trademarks will depend on how you use the word or phrase, the answer is very likely no. There are numerous live marks which primarily rely on "Goat" and "G.O.A.T.", including marks which list only those words or acronyms respectively. Without doing a full search, it would be hard to know...Read more »
You can't trademark an idea. Trademarks are for distinguishing the source of goods or services. You can copyright an idea after you've reduced the idea to a "tangible form," such as writing a book or making a video. Copyrights won't protect the idea itself, however. You can patent an idea, unless...Read more »
I'm not aware of any such patent and a cursory search of the available databases don't turn up any such patents. (though there was an interesting one which incorporated video into a gravestone!) However, this doesn't tell us if one exists either in the US or in other jurisdictions. To answer this...Read more »
I would like to produce and sell a scratch-off world map poster and sell it on Amazon in the USA. I want to be sure that I won't get issues with this product because of trademarks and/or patents. I hope that you can give advice.
Are there patents for the scratch layer of a... Read more »
From a quick search of other Amazon offerings, my suspicion is no. Please see: https://www.amazon.com/dp/B075K3G8XF/ref=dp_cerb_2 and https://www.amazon.com/dp/B07G3DPJMF/ref=dp_cerb_3 Further, a quick search of various patent databases doesn't show any obvious hits. That's just a guess, of...Read more »
More likely than not, yes. There's likely no trademark issue if your accessory doesn't use design elements or marks that are unique or distinguishing of the trademarked product. For the patent side, the product is not patented. Instead, the product incorporates one or more patented components or...Read more »
You have a variety of options to enforce your patent rights, including further negotiation with the infringing party and suing for infringement. However, the contents of your warning letter may affect the best advice on how to best protect your rights. How you presented your warning could have...Read more »
The cost to have a professional draft an application can be as low as 4-5k and dramatically higher if you go through large firms. Filing the application will cost about 1720, unless discounts for small entity or micro entity apply. For filing, the main things you'll need are the complete...Read more »
If I understand you correctly, you believe that someone has infringed your or someone else's patent. The infringer has apparently produced infringing merchandise which you believe to be protected by a patent. Patents are protected under 35 U.S.C. § 271, which states that a person infringes a...Read more »
Plagiarism doesn't apply to patents, but you can infringe a patent. However, to infringe a patent, the patent must be valid and not expired. If Ms. Hettinger's patent expired, she has no right to the invention over Mr. David. As to why he did what he did, thats probably a better question for Mr....Read more »
So, there are a couple of questions here that are circumstance and location specific. Yes, you can ask them to sign an NDA. However, enforcing that NDA may be difficult depending on the the type of idea (e.g., is it a new product, a new method of making a product, or both?) and on the location?...Read more »
My account was terminated and my commission not paid out, they claim it's due to my account being terminated because of intellectual property infringement. Is that legal, for them to keep the money I earned?
Whether this is legal or not will depend on the terms of the contract that you signed when you used their services. The terms are on their website (https://www.teepublic.com/terms). I have not reviewed their terms, and the link is for your convenience. This is not a full legal analysis of their...Read more »
I want to sell a wooden box that is similar to a competitor. It will be pretty built pretty much the same as the competitors. (the box has a base connected to it I want to use in mine). I will use different card designs, stain color, wood, and metal label.
The appearance of a product can be a type of "mark" called a trade dress. Trade dress is concerned with the promotional aspects, or image, of a product or service that makes the presentation of the product or service distinctive. Trade dress does not apply to any aspect that is purely functional....Read more »
It sounds like you're asking for an intellectual property search for your grandfather. If you'd like to search this for yourself, you should search for his assignments in the databases at the USPTO (https://portal.uspto.gov/pair/PublicPair) and the Library of Congress...Read more »
You should start by looking up the assignment information in the USPTO patent assignment database. I went ahead and did the search for you. https://assignment.uspto.gov/patent/index.html#/patent/search/resultAbstract?id=D845004&type=patNum
However, that may not include the most up to date...Read more »
Telling you how many years the patents will last, assuming you're only referring to U.S. patents, is much easier than determining which patents might be related to their "Nanovating" process. As well, they still have the capability to get further patents, such as through continuations or...Read more »
I think you've answered your own question here. You sound like you see the likelihood of confusion between the name "EarPods" and "AirPods", as trademarked by Apple. Similar sounds, appearance, meaning and commercial impression can contribute to likelihood of confusion. If you're determined to...Read more »
Also, the design/logo includes words. So, if I change the words color and/or font does it still protect under the copyright/trademark law still? Even if I submit something to the copyright/trademark in black font and a specific font.
Based on the facts we have, it sounds like a trademark. Specificaly, it sounds like two trademarks, a word (standard character) mark containing just the characters and a design (special form) mark containing the logo. Remember that trademarks/service marks are for distinguishing goods and...Read more »
In Ohio, so long as you cannot reasonably find the owner of said property AND you did not find it on a private road, it sounds like you'll be ok. This sounds like lost property under Ohio law. You're going to be obligated to make a good faith effort to find the true owner. Easiest way for you to...Read more »
There are a number of ways to file a patent in Belgium as well as other countries. The first step is going to be determining if you're only interested in Belgium or if you'd like to file in other countries as well. From there, you will have to decide if you'd like to draft your own application or...Read more »
The short answer is yes. If the USPTO shows the mark as dead or cancelled, your dad would no longer have rights to that trademark. Further, a cursory review of the trademark database shows that numerous registrations have existed for that mark, with some registrations being still in effect. To...Read more »
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