Prosecution in the U.S. Patent Office is sometimes a lengthy process taking several years. If you want to take your product to market there may be additional ways to provide other protection depending on the type of product you intend to release. Please email me at...View More
My partner and I are starting a rally company, an exotic auto enthusiast adventure. We came up with the name Apex Rally, and come up with a great logo. We fell in love with it and could really see the company coming to life in our minds. We just discovered a company in a different state (New York),... View More
The answer to your question involves a bit more than name comparison. At least trade channels, zone of natural expansion, and use of the senior mark should also be considered. If you are starting a business, it is a good idea to engage an IP attorney to complete a clearance search for the name and...View More
If you'd like to use "Madhatter Custom PC Mods" for a PC modification business, this likely not an infringing use. Having an IP attorney complete a clearance search for the name being considered is best before you expend resources on commercial projects.
SN:88563312 SN:88559161 make no claim to color, so adding color would not matter in regards to using Tillie. SN:85965641 claims color, but has other design elements. Whether or not you can use a mark warrants an involved discussion. Call the office for a consultation.
I have a radio show that airs every Friday, I do not own the station or receive money for the production but I would like to advertise the show using posters. The radio station itself DOES play commercial advertisements but not during my hour segment. The poster that I have created uses some... View More
You should not use images that are not licensed for commercial purposes. Although you do not make money from your show, the radio station is a commercial entity. If you want to use photos for show advertisements, I'd highly recommend purchasing the correct license. You don't want to be...View More
I have actively been using my business name since 2007. I first registered my trademark in 2009 and then renewed it (via Justia) in December 2014. I thought that I did not have to renew again for 10 years (in 2024) but just learned that it had been cancelled in August 2019. Apparently they... View More
Unfortunately, the grace period to file the statement of use and renewal has passed. If you have continued to use the mark in commerce then you have not lost your common law trademark rights. Cancellation of a federal registration does not prohibit you from using the mark, it changes the remedies...View More
I believe they are out of business. I would like to buy the patent and the rights to produce their products. And maybe purchase and of the manufacturing equipment and or materials they may still posses.
You have the option to license the patent/application or purchase the patent/application and have an assignment executed. I'd recommend a review of the entire IP portfolio if they are in fact out of business. My firm frequently handles licensing and assignment transactions.
My company is developing new software - I am NOT a part of the development team. But I have designed a far superior product that could potentially be worth millions to the company. If I present it to management, they could take it, hand it over to the development team, and potentially leave me out... View More
I agree with the above answer as the terms of the employment agreement are critical. If you are not bound by the employment agreement and required to assign all rights to your inventions made while employed to your current employer, you should (1) make sure not to disclose the invention to anyone...View More
I perform cabaret, but record my own songs outside. The engineer and DJ hired to work for me in my cabaret performance are the same persons I used to produce the beat. I would like to release my music but my music is being held by my DJ. He does not want to give me my vocals nor sign over the... View More
The answer to your question may lie in any agreement between the parties before working on the song. The engineer and DJ were "hired to work" for you in your cabaret performances. If a similar agreement was in place for the production of the song - also known as a work for hire agreement...View More
My company is considering making an IP Holding company and is interested in moving all the Intellectual Property rights over to the IP Holding company. We know that we can do individual Intellectual Property Assignments of our IPs, but were wondering if it would be possible to create a general... View More
The answer to your question depends on the type of IP rights you are seeking to transfer. If you are talking about patents, you can do an assignment agreement for a group of patents/applications that will have to be recorded in the patent office for each patent/application. This agreement will...View More
You may be able to use the name Golden Ticket for a transportation company or "golden ticket" in your business name. The complete answer to your question depends on use of that name, or names that would be confusingly similar, in the same trade channels.
The use of Spock Media for an advertising agency is not per se impermissible due to preexisting trademark rights. However, there are 42 marks (live and dead) listed in the Trademark Office containing the word "spock" and in various Classes. As such, the mark may not be available for use....View More
If you'd like to use THE ONLY ONE as a trademark on your products you do not need a DBA. If you'd like to use THE ONLY ONE in word format then you'd file a trademark application for the word mark. If you'd like to use THE ONLY ONE in a stylized format or with stylized (or...View More
The answer to your question depends on the circumstances surrounding your non-use including the length of time. Your non-use may be excusable under 37 C.F.R. §7.37. If a petitioner has challenged your mark before the Trademark Trial and Appeal Board, a response to the challenge should demonstrate...View More
Hi, I have a Facebook page where I upload modified videos from a certain Youtuber. The original videos are very long, and I edit them extensively. The kind of edits I do are taking only certain interesting clips from them then adding music, sound effects, images, and texts. The result is usually a... View More
I have a blog. I'd like to compile a resource with the jists of popular books in my niche, their main points, my experience with applying what they teach, and highlight practical ways to apply it (more or less). I'd like to sell these as downloadable pdfs. I'd imagine I may run into... View More
If you intend to do synopses (of sorts) accompanied by your opinions based on your experiences, it is not likely that you will face copyright issues. Your papers should not contain materials such as charts, graphs, graphics, etc. found in the works on which you are opining....View More
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