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Daltile is owned by Mohawk, who owns several key flooring patents related to the way PVC tiles and planks click together. They have recently launched a new product which is a combination of an SPC (PVC) base with a porcelain layer on top. The tiles click together, then you can grout them. We have... View More 
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answered on Feb 11, 2020
Hello, in order to make this determination you will need to obtain a freedom to operate analysis from an Intellectual Property attorney. In completing this analysis, an evaluation of the patent(s) about which you are concerned will be completed and compared to your product. If it is found that the... View More
The trademark is marked as abandoned, I don't know the previous owner and do not see the term in use.
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answered on Feb 11, 2020
If you'd like to file an application for federal registration of a trademark that was previously registered by another, you should first have a comprehensive search conducted. If there are no problematic references located during the search, you will be able to file an application for... View More
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answered on Feb 11, 2020
You didn't ask, but that's a great idea. The art of short storytelling seems to be slipping away.
You will need at least a license agreement from each author. The terms of the agreements will, of course, be negotiable and may be different for each author. I would suggest getting... View More
Will you please Google this to see what I'm seeing?
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answered on Feb 11, 2020
You cannot "take" a trademark from the mark owner if it is still being used in commerce as a source identifier, regardless of the federal registration status. Applying for and being allowed a federal registration does not automatically prohibit a mark owner from opposing registration,... View More
Thank you for your answer. This advertisement is for a university and recruiting purposes.
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answered on Feb 11, 2020
Such phraseology falls under trademarks. Whether your use of "there is no place like home" for an advertisement will be problematic, depends on the products for which you are advertising. There are 15 live registrations in the USPTO with the phrase, or some variation thereof, in use. If... View More
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answered on Feb 10, 2020
Before you make a shirt and website using any name you should have an IP attorney conduct a clearance search to inform you of the availability of the trademark. The clearance search will locate trademarks that may be problematic for you. It is best to have a clearance search conducted before you... View More
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answered on Feb 10, 2020
Whether you infringe a pre-existing patent(s) with your product/method can likely be greater informed by completing a prior art search.
If you do not have a product and want to file a patent application based on your invention, a prior art search should still be completed.
If you... View More
We have a DBA under our LLC called Big Smoke Dallas. This TM "Big Smoke" already exist and they have asked us to change our name. We are thinking of change it to Big Dallas Smoke but want to make sure it does not infringe.
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answered on Feb 10, 2020
If the BIG SMOKE trademark is registered for use in the same Class (or a Class within the zone of natural expansion) in which your use of "Big Dallas Smoke" falls, then the BIG SMOKE registrant may assert that you are infringing its trademark rights. The answer to whether you actually... View More
Hello, I recently started a business in apparel. Initially, I had done a trademark search to see if it already existed so I could register it at a later date. When I did my research I saw that it was already registered under a series of books I didn't think this would be an issue. Later I read... View More
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answered on Feb 9, 2020
In the current climate of branding and merchandising, it is not uncommon for a popular book series to venture into the merchandise space. This merchandise will usually include at least t-shirts like those sold on harrypottershop.com. If you have found that the mark for the series of books is being... View More
I'm Nada Miele his wife. Please let me know if is anything that I need to do.
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answered on Feb 9, 2020
Hi Nada,
The answer to this question relies on many different factors. If your late husband licensed the patent and is receiving royalty payments you may be entitled to those royalty payments. In order to fully assess your situation I would suggest setting up a phone call to discuss.
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