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Questions Answered by Erik Špila
1 Answer | Asked in Patents (Intellectual Property) on
Q: Hello Are your patent filings international/global?
Erik Špila
Erik Špila
answered on Oct 3, 2022

None patent application can be considered as global (covering all the territories of the world). There is no patent which can cover all the countries. However there is international patent system called PCT governed by the WIPO. You can check it out here: https://www.wipo.int/pct/en/... View More

1 Answer | Asked in Trademark for Florida on
Q: can a trademark cancellation be requested by multiple different parties
Erik Špila
Erik Špila
answered on Oct 3, 2022

Yes, trademark cancellation proceedings can be initiated by multiple parties for the same trademark as there can be various reasons for trademark cancellation. This is valid for many jurisdictions and countries throughout the world.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for California on
Q: Can I get my handmade wire wrapped jewelry art protected by design by copyright or trademark
Erik Špila
Erik Špila
answered on Sep 29, 2022

In most cases, you can use all of them to get maximum protection. Each of these protect something different. At first you should perform trademark/design search to make sure there are no-conflicting prior rights and then decide what strategy suits you best.

If you need any further advice...
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1 Answer | Asked in Trademark for Colorado on
Q: Russel Wilson has made the phrase Let's Ride popular! Is there a infringement case if we've trademarked that already?

Denver Bronco branding has taken off with this phrase

Erik Špila
Erik Špila
answered on Sep 29, 2022

This is quite complicated question and an answer to it depends on various circumstances you have not mentioned such as date of priority, lenght of usage of trademark, goods and services in question, territory in which trademarks are in use and so on.

I definitely advice you to seek local...
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1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) on
Q: Hey,if a pattent in worldwide applications has only "US" and its not mine- could I sell the product in EU?

The product has been patented in US few years ago, but it doesnt have in "Worldwide applications" nothing more than US. Could I then sell this product on my own brand in Europe?

Erik Špila
Erik Špila
answered on Sep 28, 2022

You should first check if there is not such patent registered on regional/national level in the EU or in the EU member states. For this I highly recommend performing patent search with patent attorney.

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Does a US method patent protect the domestic sale of foreign-made-goods constructed via the US-patented method?

I think I have a novel method of manufacturing a category of widgets. The method will make manufacture cheaper and faster for a subset of these widgets (but not all). My target audience for these widgets is within the US. Each individual widget could receive its own utility patent, but it... View More

Erik Špila
Erik Špila
answered on Sep 28, 2022

Dear Mrs or Mr,

in your described case, I would say that as the patent is the territorial right that you would be protected in the territory of the U.S. However I am an IP lawyer in EU, so I am taking into account the principles of IP law and my legal knowledge. So in order to be sure about...
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2 Answers | Asked in Trademark for California on
Q: If my name is a trademarked company's name am I in trouble for making an application with my name as the author on it?

Let's say my legal name is Amazon. If I make an online store that says by Amazon, am I legally screwed?

Erik Špila
Erik Špila
answered on Sep 28, 2022

Trademark rights are different than rights arising from your business name. It also depends on priority, simply speaking, who was the first user of the name and who first used it in commerce and so on. You should seek professional IP lawyer to discuss further.

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1 Answer | Asked in Trademark for Kentucky on
Q: Please Help, Trademarking My Companies Logo With Fees and Cost For Start up I Don’t Have at the moment.

Record Label logo needing to be Trademarked.

Erik Špila
Erik Špila
answered on Sep 27, 2022

Dear Mrs or Mr,

there are many initiatives, such as one in EU for instance, which offer co-financing for SMEs (startups including) and this one can covers you up to 75% of your office fees. You can check out more details by clicking on the link bellow, and if you need trademark attorney in...
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1 Answer | Asked in Intellectual Property for North Carolina on
Q: I am interested in writing a screenplay on F. Scott Fitzgerald's short story, The Offshore Pirate. Is it public domain?
Erik Špila
Erik Špila
answered on Sep 22, 2022

Yes, this work should already be considered as in public domain as it was published in 1920.

1 Answer | Asked in Trademark for Texas on
Q: Can i use the word MyNirvana as my company name? The word Nirvana is trademarked
Erik Špila
Erik Špila
answered on Sep 22, 2022

This depends on other circumstances such as similarity of goods or services you would like to offer under MyNirvana. It also depends on the territory in which you would like to use your company name and in which the word Nirvana is registered as trademark.

I would highly recommend you to...
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1 Answer | Asked in Trademark for Nevada on
Q: can i use the words sofi consortium with\out permission from the SoFi stadium
Erik Špila
Erik Špila
answered on Sep 21, 2022

The purpose of trademark is to distinguish the goods or services of trademark owner from goods or services of other subjects. With this in mind you will need to establish if the using of your words in business does not infringe the rights of other IP owners. I recommend contacting... View More

1 Answer | Asked in Trademark for Maryland on
Q: I would like to register a trademark in the USA for a brand.

How much would that cost & what could be the time span...?

Erik Špila
Erik Špila
answered on Sep 18, 2022

Dear Mrs or Mr,

cost can be from 500$ per application filing for one class of goods or services (with an attorney) and a time of registration can be around 1 year if no objections from office or third parties are raised.

2 Answers | Asked in Trademark for Georgia on
Q: is registration # 87390926 tired of dreaming active or dead? if active how to maneuver through likelihood of confusion

In the process of TM and see parts of application name trademarked but I don’t understand action refusal for this trademark and if it would impact my application as well

Erik Špila
Erik Špila
answered on Sep 16, 2022

Dear Mrs or Mr,

this US application was abandoned, so it should not be a problematic when you file a similar trademark application.

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1 Answer | Asked in Intellectual Property and Internet Law for Arizona on
Q: GoDaddy Domain Issue

Our company owns a domain called <name disclosed> which serves as an online shop and has generates several hundreds of thousands of USD in sales.

Our domain was registered with GoDaddy.com years ago.

On Thursday, 15th September 2022, I called Godaddy explaining to them that I... View More

Erik Špila
Erik Špila
answered on Sep 16, 2022

Dear Mrs or Mr,

yes, filing a lawsuit against the company would probably be possible, but I strongly advice you to consult it with an attorney at law so he can check all the details and analyse the situation. By doing this, you will have better understanding of your chances in this case.

2 Answers | Asked in Trademark on
Q: Can i use a trademark that has been abandoned? What do i have to do in order to register it in my name?

I would like to open a company and use a trademark that has been abandoned since 2014. Just cause i think its perfect for the products i want to sell.

Erik Špila
Erik Špila
answered on Sep 15, 2022

Dear Mr or Mrs,

yes it is possible to file a new trademark even though the previous one, which was similar/identical, was abandoned.

However you will need to go through the whole process of trademark registration from start.

You can seek the advice from a trademark attorney...
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2 Answers | Asked in Copyright, Gaming and Intellectual Property for Michigan on
Q: Is it illegal to make content using video game footage/pictures?

I want to make video game content like YouTube videos or screenshot pictures. Like game playthroughs or something. I also want to be able to monetize somehow, like with ads, affiliate marketing, or linking to Patreon.

But I'm worried about getting in trouble with copyright or getting... View More

Erik Špila
Erik Špila
answered on Sep 13, 2022

Dear Creator,

thats a very interesting question and I will gladly try to answer it.

At first, in general, it is legal to create a gameplay videos from video games and post them on youtube and then monetize your channel. There are some circumstances when this does not apply such as...
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2 Answers | Asked in Trademark for Louisiana on
Q: if a quote is trademarked, for ex, "rumble, youngman, rumble", can similar but diff quotes be used and trademarked?

If a quote is trademarked, for ex, "rumble, youngman, rumble", can similar but diff quotes be used and trademarked? I would like to implement a slogan for my company but I am worried about using it because it is an alteration to this quote. "jngl, youngman, jngl" - jngl pronounced jungle

Erik Špila
Erik Špila
answered on Sep 10, 2022

Dear Mrs or Mr,

yes, it is possible, but it depends on a few more variables. Trademark is always registered for a certain territory and certain goods or services. If the older quote trademark is registered for software for instance and your business is going to be about providing restaurant...
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2 Answers | Asked in Patents (Intellectual Property) for Texas on
Q: I’d like to find out how to get permission to use a patent
Erik Špila
Erik Špila
answered on Sep 8, 2022

Hi,

the main option to obtain permission to use a patent is by contacting its owner. But first I would recommend you to find a patent in patent database to check if its stil valid in your territory. If it is valid check the owner or representative of the patent and contact them to negotiate...
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1 Answer | Asked in Copyright and Trademark for New York on
Q: I’m an artist and custom paint on designer goods and resell them with my art work, is that trademark infringement?

Hello, I’m an independent artist and recently had my business page on Facebook shut down by Cartier for trademark infringement. I purchased a leather card holder from them, painted a design on it and sold it with my artwork. My sales post stated it was custom painted as well as on my website. My... View More

Erik Špila
Erik Špila
answered on Sep 8, 2022

Dear Mrs or Mr,

in my opinion you have assessed your case good and from information you have provided it seems like the exhaustion of trademark rights should apply in this case and therefore no trademark infringement shall be involved. However to answer you with more certainty, I would need...
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2 Answers | Asked in Patents (Intellectual Property) on
Q: I'm supporting a patient who claims to have several patents related to electric grids. How can we prove this?
Erik Špila
Erik Špila
answered on Sep 7, 2022

Following the answer from Mr. Kevin E. Flynn I would like to add that you can do a patent search through official international patent search engine (administered by the World Intellectual Property Organisation) here:

https://patentscope.wipo.int/search/en/search.jsf

Or you can also...
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