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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Does filing a provisional patent and publically disclosing my invention impede my ability to file in the EU?

Im planning on disclosing on social media. The invention is simple and may give away how I created it. I understand that EU doesnt have grace periods like USA

David Aldrich
David Aldrich
answered on Jun 20, 2024

The EU requires "absolute novelty," so you are correct that it does not have the one year grace period we have in the U.S. Therefore, publicly disclosing your invention will impede your ability to seek patent protection in the EU. However, if you file a US provisional patent application... View More

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Hi, Can an Inventor be added to a patent that is already approved?

because the person who filed the patent forgot to add an inventor.

David Aldrich
David Aldrich
answered on Dec 22, 2023

Yes. Once a patent is issued, a missing inventor can (and should) be added via a certificate of correction. Please note that inventorship is based on the particular claims in that patent (not what is described in the specification), so care should be taken to analyze whether the individual in... View More

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3 Answers | Asked in Copyright, Intellectual Property and Trademark for California on
Q: If an infringement claim is approved, do you need to pay a security deposit before the awarded amount get release?

I recently started a new business and have the company name and logo trademarked. The logo company and their legal team did a cast study and found four other businesses using our name so they went ahead and file an infringement claim on our behalf. Our claim was approved and the letter from USPTO... View More

David Aldrich
David Aldrich
answered on Mar 29, 2024

This is a scam. This entire scenario is fabricated. Unfortunately, trademarks have become a common target of scams in recent years.

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2 Answers | Asked in Intellectual Property for Ohio on
Q: Looking to contact these inventors about their patents and paying royalties but continue hitting brick walls
David Aldrich
David Aldrich
answered on Jan 5, 2024

It's not clear from your question which inventors/patents you are referring to, but it is possible you are not receiving a response because they may not have any rights. Rights need to be licensed from the owner, and often, the owner is different than the inventor(s). If you haven't... View More

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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My father died unexpectedly last December 9th and I am his only child. What type of attorney should I search for and

What steps should I begin taking to have the deeds transferred to my name

David Aldrich
David Aldrich
answered on Dec 22, 2023

I’m very sorry to hear about your father. I similarly lost my mother last December, as an only child, and I know it is not easy to go through by yourself. You will want a probate lawyer, who will be able to at least make that aspect of the process easier for you.

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4 Answers | Asked in Business Law, Trademark and Intellectual Property for Georgia on
Q: Should I register my business name before trademark
David Aldrich
David Aldrich
answered on Nov 3, 2023

Generally, it is a good idea to form the business before filing for any trademarks. When you apply for a trademark, the "owner" you identify should be the entity that is actually using the mark in commerce (or else you put your registration in jeopardy). This is typically the company,... View More

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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can I use the phrases..... Let there be light, or Here's your sign...... as a slogan for my company?
David Aldrich
David Aldrich
answered on Nov 3, 2023

There are several existing trademarks for each of these. It's possible you could use it, depending on what category of goods/services your company deals in. You should consult a qualified trademark attorney, who can help you determine whether you are able to use these and if you should seek... View More

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2 Answers | Asked in Trademark for Georgia on
Q: hello, i am looking to trademark a mobile app on this site. Can you tell me how to go about that
David Aldrich
David Aldrich
answered on Nov 3, 2023

You will first need to determine whether you want to trademark the name or the icon (or both). You can file the application(s) at the USPTO's website: https://www.uspto.gov/trademarks/apply/initial-application-forms

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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: We have INREST trademark filed, 97114560.Do I need to file a new one?
David Aldrich
David Aldrich
answered on Sep 28, 2023

At this point, you would need to file a new application. When an application goes abandoned, the deadline to revive it is two months from the Notice of Abandonment. In this case, that deadline has passed, so you would need to refile a new application. If you do, you should carefully limit the... View More

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New York on
Q: Does the Harlan kardon onxy studio 1 have any patents that is currently enforced or expired? If so what one are they?

I want to find out if I could use the device to expand on the design and technology in it more so to future proof it and lessen environmental effects on the planet from landfill pollution of electronics.

David Aldrich
David Aldrich
answered on Sep 25, 2023

Harman owns many patents. Typically, if someone has one or more patent(s) on a particular product, that product (or its packaging or labeling) will list the patent number somewhere (or else will identify a website that does), because the owner of the patent(s) cannot collect damages for... View More

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2 Answers | Asked in Trademark and Intellectual Property for Louisiana on
Q: Why could Activision Publishing Inc. register a trademark for "It's About Time" for video games?

There were two video games subtitled "It's About Time" in the 2010s decade, Electronic Arts' Plants vs. Zombies 2 upon its initial release in 2013, and Null Reference Games LLC's Cars with Guns: It's About Time in 2017, yet Activision was able to file a registration... View More

David Aldrich
David Aldrich
answered on Sep 25, 2023

Regardless of what marks were in use, Activision was able to register this because no one else registered this mark for video games. If another party used a similar mark for video games before them, and that other party is still using that mark for video games, they could file a cancellation... View More

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1 Answer | Asked in Trademark on
Q: Can I use phrase for line of handbags I'm designing even though the phrase is the name of a TV show that is trademarked?

Growing up Vietnamese, every Vietnamese person knows "Paris by Night" a series of music concerts and variety shows released a few times a year on VHS and now streamed. "Paris By Night" is trademarked for media, videos, TV shows, movies etc. in the US. But the trademark... View More

David Aldrich
David Aldrich
answered on Sep 25, 2023

Based on the current registration, you will probably be ok if you use just the phrase PARIS BY NIGHT on your handbags. However, you can further strengthen your rights in this regard by filing for your own trademark registration for this mark for handbags.

3 Answers | Asked in Trademark and Intellectual Property for Indiana on
Q: Research on this site shows the word mark HEAVEN ON EARTH trademark abandoned in 2018. How should go about verifying?
David Aldrich
David Aldrich
answered on Sep 25, 2023

There are numerous HEAVEN ON EARTH trademark registrations that have been abandoned. There are also numerous HEAVEN ON EARTH trademark registrations/applications that are live. Each trademark is registered in one or more "classes" (categories of good services). If you are looking to... View More

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2 Answers | Asked in Intellectual Property, Copyright and Trademark for Michigan on
Q: Can I use a patented saying on my own design or do I have to buy the use of the saying?
David Aldrich
David Aldrich
answered on Sep 25, 2023

You are likely referring to a trademark, as phrases can't be patented. If the phrase is trademarked, you would need the permission of the trademark owner to use it on similar goods/services. If you plan to use the phrase for something very different, then you may not need permission. You... View More

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2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: I am looking at trademark here for LUCKYEYE on JUSIA with "cancellation pending", what does that mean?
David Aldrich
David Aldrich
answered on Sep 22, 2023

It means another party filed a cancellation proceeding, which is a legal proceeding that attempts to cancel the mark on one or more grounds. In this particular case, it looks like that cancellation proceeding ended in December 2022. The cancellation request was denied, meaning that it is still a... View More

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2 Answers | Asked in Trademark and Intellectual Property for Montana on
Q: Trademarks Sheepdog Up and Shaka Gear Both shown as abandoned. What is the process for our Corp to take ownership
David Aldrich
David Aldrich
answered on Sep 21, 2023

If an application for a mark is abandoned, you are free to just file your own application for that mark. If you are already using the mark in commerce, you can file a use application. If not, but you plan to in the near future, you can file an intent-to-use application.

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3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Good morning, I would like to know if there is any chance to get contact information about a patent owner.

I have had an issue selling a product that it is supposed to be patented by "Mr. W.T."

Patent number: 7841848

Publication number: 20070034094

I would like to know if there is any chance to contact with the patent owner to negociate a possible solution for the issue... View More

David Aldrich
David Aldrich
answered on Sep 25, 2023

You can find the patent here:

https://patentimages.storage.googleapis.com/1a/fe/e7/c524f5af535b2f/US7841848.pdf

The face of the patent has the inventor's address, so you can correspond with them directly.

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2 Answers | Asked in Copyright and Intellectual Property for Tennessee on
Q: I submitted a PDF script to a comic publisher some time ago. I believe the publisher stole my script. Do I have a case?
David Aldrich
David Aldrich
answered on Sep 20, 2023

Once you produced the script in written form, you acquired copyright protection. Whether you have a case for copyright infringement will depend on a number of factors, including the similarity of the two works. You should consult a qualified copyright attorney with the details of your case.

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3 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: Can I trademark “don’t panic, it’s organic”
David Aldrich
David Aldrich
answered on Sep 20, 2023

If you are just using this as a slogan, you cannot trademark it. However, if you are adopting it as the brand under which your products will be sold, then yes, you can file for a trademark application.

If you do file, and assuming this is for food products, it could possibly receive a...
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2 Answers | Asked in Trademark and Intellectual Property for Arizona on
Q: Is this word still available for purchase

The word blood ?

David Aldrich
David Aldrich
answered on Sep 13, 2023

Assuming you are asking whether you can trademark this word, that depends on a few details. Are you using it with any other words? Do you want to trademark just the word or a stylized version of the word? And what goods or services do you want to trademark it for? (every trademark is filed in one... View More

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