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3 Answers | Asked in Copyright, Trademark and Intellectual Property for New Jersey on
Q: can I use Apollo for my brand
David Aldrich
David Aldrich
answered on Apr 10, 2023

This will depend, in part, on how close your goods/services are to the goods/services of other companies using this term. You really should details of your case with a trademark attorney.

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4 Answers | Asked in Trademark for Washington on
Q: I would like to file for a trademark

how much would it be ?

David Aldrich
David Aldrich
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

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2 Answers | Asked in Trademark and Intellectual Property for Massachusetts on
Q: How do I contact someone regarding the usage of a trademark they own?

I know you should email them but how do you get their contact?

David Aldrich
David Aldrich
answered on Feb 24, 2023

If their trademark is registered, you can go to the USPTO’s search page here:

https://tmsearch.uspto.gov/bin/gate.exe?f=searchss&state=4805:woa3i2.1.1

After you run a search for the mark, click on the trademark, then click the TSDR button on the upper left. Then scroll down...
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3 Answers | Asked in Copyright and Intellectual Property for Michigan on
Q: Does someone have the right to use a picture that features my work?

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?

David Aldrich
David Aldrich
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

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3 Answers | Asked in Intellectual Property for California on
Q: Is an email response sufficient for waiving intellectual property rights over an idea presented in a company hackathon?

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)"

David Aldrich
David Aldrich
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

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2 Answers | Asked in Patents (Intellectual Property) on
Q: I know the name of the company and who the patent was licensed to.Is it possible to vet a patent through this info.
David Aldrich
David Aldrich
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...
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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: find patent lawyer who plays golf

I have patent idea re an improvement to manual golf carts Cl 280/1.5, need patent attorney who is a golfer to understand the subject

David Aldrich
David Aldrich
answered on Feb 20, 2023

Now, when you say “plays golf,” do you mean someone that has played golf, or someone that plays the game respectably?

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2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Missouri on
Q: This patent cites my grandfathers patent. But his last name has been misspelled can we get it corrected?
David Aldrich
David Aldrich
answered on Feb 19, 2023

There is not really a mechanism for you to do this. You ask the patent owner to do it, but it is highly unlikely that they’ll be interested in doing so.

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1 Answer | Asked in Trademark for Oklahoma on
Q: Who owns a business name if a Fed trademark is applied for at the same time that someone else applies for a State TM?

Party A applied for Fed TM in January. Current processing time is 14-16 months. Party B applies and receives a State TM in January bc a State TM is much easier to obtain. Party A & B both jointly were in the business, however Party A came up with business name, created all artwork, acted as... View More

David Aldrich
David Aldrich
answered on Feb 18, 2023

The assessment of trademarks rights is primarily (but not solely) governed by actual commercial use. The answer to a question like yours is highly fact-specific, and there is not enough detail provided in your description. You should really discuss the specifics of your case with a trademark... View More

1 Answer | Asked in Intellectual Property on
Q: Can I registered Monti Child as a trade mark when there is a Monti kids brand already registered? Thank you.
David Aldrich
David Aldrich
answered on Feb 17, 2023

It depends. Each trademark is registered in a particular class (or classes) and for specific goods or services. If the goods/services are similar, you may have difficulty. If they are sufficiently different, you may be okay. Don’t hesitate to contact me if you’d like to discuss further specifics.

2 Answers | Asked in Copyright, Trademark and Intellectual Property for Pennsylvania on
Q: If Sony as a company owns the Sly Cooper Trademark, when does that enter the public domain?

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?

David Aldrich
David Aldrich
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.

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: One quick question please if I may. How do I protect my idea from being stolen while I go through the process 4 a patent

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.

David Aldrich
David Aldrich
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

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for New Jersey on
Q: I'm creating a Trading Card Game. What patents in terms of card layout and battle mechanics do I have to look out for?
David Aldrich
David Aldrich
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

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3 Answers | Asked in Trademark and Intellectual Property for California on
Q: Can I get a trademark on an item if it expires with the previous owner

If they forget to keep up on their retrademark can I slide in and own the design?

David Aldrich
David Aldrich
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

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1 Answer | Asked in Trademark for Indiana on
Q: Does a trademark cover every iteration of the symbol/character?.

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?

David Aldrich
David Aldrich
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

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