What constitutes significant and novel change?
How do I apply for these things without thinking a lawyer will steal my idea? Haha!
answered on Apr 10, 2023
Whether something is novel and nonobvious depends on the specific "prior art" that already exists. It is often helpful to conduct a "patentability search" before applying for a patent. This typically will involve a search (by a professional searcher) of what publications (such... View More
My business name is The Business Clinic and the only live trademark I could find is listed as "THE BUSINESS + CLINIC RX FOR SUCCESS". There have been other "The Business Clinic" filings but all are now shown as Dead. Before I do the filing, however, I'd appreciate knowing... View More
answered on Apr 10, 2023
You are probably at some risk. You could receive a rejection based on the mark you found, but this will depend on how similar the services are (additionally, in this case, the nature of the particular mark you found has several complicating factors). You could also receive a rejection for... View More
how much would it be ?
answered on Feb 25, 2023
There are different costs involved, depending on the details. When filing a trademark application, you file in one or more “classes” (these are categories of goods/services), and the more classes, the greater the cost. There are also costs after filing of the application, which can vary... View More
I’m a florist. A photographer took pictures of my work at a wedding. Can the wedding planner use the images on her site (or in social media) without crediting me?
answered on Feb 22, 2023
This is a difficult one. It would be tough to establish you have copyright protection in the floral arrangement itself. Theoretically, you could, but temporary articles of nature like this are always tough. You’d face several hurdles: it needs to have a threshold level of creativity (i.e.,... View More
This is response from company VP : "Having consulted with legal, I am pleased to report that Company hereby waives to you any intellectual property rights it might otherwise have had in the idea (as developed by you during the 2022 Hackathon)"
answered on Feb 22, 2023
This question is really to broad to answer, and depends on a lot of details. But, if you are asking about a patentable innovation, and someone else contributed to this innovation during the hackathon, then that means you likely have at least on co-inventor. In that case, no, the email would... View More
answered on Feb 22, 2023
If you know the name of the company that you think owns the patent, you will usually be able to find a copy of it. The U.S. Patent and Trademark Office has a search tool for patents here:
https://ppubs.uspto.gov/pubwebapp/static/pages/landing.html
This tool allows you to easily... View More
How I understand it, a work is protected for the authors lifetime plus 70 years, since it was created in the early 2000’s. And since a company or corporation is the author and can’t “Die” when would it go into the public domain? Is it just protected for 95 years and then it’s free to use?
answered on Feb 15, 2023
The timeframes you’re discussing relate to copyrights, not trademarks. For a trademark, as long as the owner continues to use the name and continues to timely submit the proper renewal forms and fees, their protection does not expire.
I just want to make sure that if I go through with my idea, while it may take upwards of a year for the process to finish, that I can protect my idea somehow from being stolen by others and being patented by others.
answered on Feb 14, 2023
To obtain an issued, enforceable patent, you would file a “utility” patent application. When you say ”the process 4 a patent,” are you referring to the preparation of this patent application, or the process of ultimately obtaining an issued patent (i.e., the back-and-forth with the patent... View More
answered on Feb 14, 2023
This will depend on the details of your specific game, and it would require a professional search. When we do these, we hire a specialized searching company that performs a “clearance search” (in this case, they would search for those patents claiming a trading card game that are closest to... View More
If they forget to keep up on their retrademark can I slide in and own the design?
answered on Feb 14, 2023
If the owner of a federal trademark registration fails to submit the required paperwork/fees by a relevant deadline (including the sixth month grace period), it will go abandoned and will be considered a “dead” registration. If the registration is dead, you can file an application and obtain a... View More
My logo is the outline of a character I created, so can any artistic interpretation of the character I create, be covered under the same trademark?
answered on Feb 8, 2023
Generally, no. When you trademark a logo, the coverage is limited to that particular design and designs that are “confusingly similar” to that design. The devil is in the details. Your trademark registration will not provide protection again “every” iteration of the character. But it will... View More
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
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
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
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.
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
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.
answered on Sep 7, 2023
This is a little too vague to answer. This will depend on how similar the overall trademarks are, and how similar the goods/services that the marks are used with are. You should consult a qualified trademark attorney with the specifics of your case.
answered on Aug 24, 2023
Your question doesn't specify what patent you're referring to, but note that patents are geographically limited. For example, if you are looking at a U.S. patent, it would only cover products made, used, sold, offered for sale, or imported in/to the U.S. However, you would want to check... View More
answered on Aug 14, 2023
If you do not own the patents, there is not really a mechanism for you to do this. You can ask the patent owner(s) to file for a "correction" of the name on specific patents, but it is highly unlikely that they’ll be interested in doing so since there really is no business reason for... View More
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