Lawyers, Answer Questions  & Get Points Log In
Questions Answered by David Aldrich
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

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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

View More Answers

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.

View More Answers

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.

View More Answers

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...
View More

View More Answers

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

View More Answers

2 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: Is there any possible way for me to trademark the name "MOBTIES CLOTHING"?
David Aldrich
David Aldrich
answered on Sep 7, 2023

You will likely encounter some difficulty. There is a registered mark (and another pending application) for MOB TIES, for many types of clothing. It is likely MOBTIES CLOTHING would be considered as likely to cause confusion with MOB TIES when used with clothing products.

View More Answers

3 Answers | Asked in Trademark and Intellectual Property for Florida on
Q: My Trademark was abandoned I did not realize we needed to do anything else to keep it up. How can I reactivate it

I registered a Trademark Name for my figure flattering apron designs called Shaypron. I have been using that name for 10+ years on my aprons that I sell, I just saw that my trademark was marked abandoned.

David Aldrich
David Aldrich
answered on Sep 7, 2023

I assume you are talking about the mark "DEBRA MURRAY SHAYPRON". If so, this registration went abandoned a very long time ago, such that you will need to file a new trademark application (whether for DEBRA MURRAY SHAYPRON or for just SHAYPRON). If you do this right away, you should be... View More

View More Answers

2 Answers | Asked in Trademark and Intellectual Property on
Q: Hi! I notice WOW World of Wellness is live in TESS but I see cancellation terminated 780. I can't find their Website

Here is their registration # 5423900 (what is this used for) and their serial # 86851266 (what is this used for). The status date is 3/22/21.

2. How can you overcome a confusion of a mark? I am not sure I will get approved as mine is WOW Wisdom on Wellness.

David Aldrich
David Aldrich
answered on Aug 22, 2023

The "serial number" is the number that gets assigned to a trademark application. If that application gets allowed, it receives an official certification of registration, with a "registration number."

The particular registration you reference is still active. Someone...
View More

View More Answers

2 Answers | Asked in Intellectual Property, Patents (Intellectual Property) and Trademark for New York on
Q: Can I use the term "baseball" in the name of a new product i created?
David Aldrich
David Aldrich
answered on Aug 22, 2023

It certain instances, it would depend on what type of product it is. There is nothing inherently wrong with using the term "baseball" in a product name. And if the product relates to baseballs, this is a generic term, so no one can stop you from using this term. However, it is possible... View More

View More Answers

3 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Maryland on
Q: I have a idea for a fishing accessory idea that I'd like to make.

I've checked everywhere to see if someone else has come up with the same idea as myself and actually created the idea. And through my investigation looking to see if someone else has created my idea. No one else has

David Aldrich
David Aldrich
answered on Aug 24, 2023

You should contact a qualified patent attorney directly (this is just an anonymous question forum), and they can help you conduct a search and review of the relevant prior art. Even if you don't see the product in the marketplace, there is often relevant prior art in the form of earlier... View More

View More Answers

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Indiana on
Q: How do make the manufacturing industry pay royalties for using our intellectual property?

We are the real Inventors of Confidence Disposable Underwear.

David Aldrich
David Aldrich
answered on Aug 16, 2023

If you patented the invention and someone is infringing that patent, you would typically send what is called a "cease and desist letter" to that company and offer them a license to the patent in exchange for a reasonable royalty. You should contact a qualified patent attorney, who can... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property on
Q: Hello,Does it mean that no one can even make a device working in a simmilar manner with different configuration?

US Patent for Method and system for generating electricity from footsteps Patent (Patent # 11,309,769)

David Aldrich
David Aldrich
answered on Aug 10, 2023

The patent prevents others from making the specific system set forth in the claims (the numbered paragraphs at the end of the patent). The broadest coverage is claim 1, which has some very specific parameters. If a system does not include every element of claim 1 (or an "equivalent"... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.