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I have discovered a U.S. design patent that should be invalid under 35 U.S.C. § 102(b), as the exact product was publicly sold and marketed online more than one year before the patent filing date. I have collected extensive evidence to support this. I'm seeking an intellectual property lawyer... View More

answered on Apr 3, 2025
Reexaminations are generally limited to prior art patents and printed publications. So, your ability to proceed would depend on exactly what evidence you have. Your patent attorney should be able to advise you on this or other possible options. Please note that this is an anonymous question and... View More
I want to register the trademark "West Coast Records" for my record label. I conducted a trademark search and found that the previous registration attempt, under serial number 90236708, was abandoned. We have been using this name for years but only incorporated our business last December.... View More

answered on Apr 3, 2025
The previous applicant abandoned their application after receiving a 'primarily geographically descriptive' rejection. Depending on your situation, there is a likelihood you would receive the same rejection. However, this doesn't mean you should not apply. There are several... View More
I'm concerned about possible trademark infringement or brand confusion between my business, "DiTu Best Sandwiches," and another business named "D'TU Pizza." We are both operating in the same geographic area. Have there been any actions taken by the other business... View More

answered on Mar 28, 2025
There is a federal trademark registration for D'TU PIZZA:
https://tsdr.uspto.gov/#caseNumber=97750696&caseSearchType=US_APPLICATION&caseType=DEFAULT&searchType=statusSearch
What you should do will depend in part on the dates each of you began using the marks and... View More
I plan to name my mobile game "Spriteventure," which hints at a retro, pixel-art style. "Sprite" refers to pixelated characters in the game and does not relate to the soda brand. I've found no existing use of "Spriteventure" on the internet. I plan to monetize the... View More

answered on Feb 21, 2025
Generally, you look at the similarity of the marks and the similarity of the goods. In this case, due to the distinctions between names and the goods, there is unlikely to any issue between the two specific marks you've identified. However, it's never possible to predict with certainty... View More
We manufacture a towel for one of our customer in US and after manufacturing we both found out that it is patented under US patent no. 10,745,833. Now the patent states that fabric should be 50% cotton and 50% polyester. However, our product is 65% polyester and 35% cotton. However, other... View More

answered on Feb 12, 2025
U.S patents cover importation (if your product infringes the patent, you cannot import them into the U.S. without being liable for infringement). This patent covers both fabric products and methods of manufacture. The specific coverage is defined in the claims, and each claim has a different scope.... View More
Was looking to see if this phrase was trademarked for goods and apparel and saw that it was abandoned.

answered on Jan 16, 2025
The Applicant never completed the registration process. In order to obtain a Registration Certificate, the applicant needs to file a declaration with a specimen establishing that they are using the mark in commerce. The applicant did not do that. They may not have actually used in commerce, or... View More
We are manufacturer of towels, as per U.S. PATENT NO. 10,745,833, we need to know that we are producing same towels in different sizes and want to export it to US. Are we allowed to import towel in US. Is this patent for printing or blank towels also need a little clarification

answered on Dec 18, 2024
U.S patents cover importation (if your product infringes the patent, you cannot import them into the U.S. without being liable for infringement). This patent covers both fabric products and methods of manufacture. The specific coverage is defined in the claims, which are of varied scope. Whether... View More
A two bladed blender with blades operating in different directions.

answered on Dec 5, 2024
The question is a little too broad to answer. If you are considering pursuing a patent based on this idea, you should avoid disclosing the details of your invention on a public forum like this, as your own public disclosure could end up being prior art that will impede your ability to obtain a... View More
So the handle is a handle that is primarily used for jump ropes but I am using my handle simply for the motion effect and it will my product will not be a jump rope. Are there any legal problems with this to patent the new product that I am designing.

answered on Dec 4, 2024
This type of product is certainly patentable. However, whether you will be able to successfully obtain a patent will depend on whether it has already been disclosed by someone (this is called "prior art"). You should contact a qualified patent attorney directly (this is just public... View More
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

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

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
Do they have a case or is this worth fighting for?

answered on Jan 31, 2025
It will depend on a number of factors, including how close your goods are to the goods of the trademark registration owner, when you began using the mark in commerce. You should consult a qualified trademark attorney to discuss the specific details of your case.
I see the trademark exists but in other industries.

answered on Dec 4, 2024
GODMODE (as a single word) is currently registered for athletic apparel. In view of this, you're unlikely to be able to register GOD MODE for clothing.
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

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.

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

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.

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

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

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

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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