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4 Answers | Asked in Trademark and Intellectual Property on
Q: Can I trademark a name that may be used by another company on a different industry?

I want to trademark a name and software similar to Facebook's REACT. But I see that the name is used in different industries and I was wondering If I could trademark it even if it is used elsewhere.

Bill Hulsey
PREMIUM
Bill Hulsey
answered on May 3, 2023

Yes, you can. Trademarks are registered according to the description of goods and services and respective classification for the mark.

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5 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Massachusetts on
Q: I have an idea that I would like to check if it is already patented. How do I find out? Do I have to pay anyways?

This idea is an innovation in building automation systems and isn’t necessarily just a MA patent, but I am not sure how this process works.

Bill Hulsey
PREMIUM
Bill Hulsey
answered on Apr 18, 2023

I would like to respond, but it is against JUSTIA policy for me to do so.

Sorry.

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4 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Good day! I would like to ask if my idea is something that needs to be patented. I have made a flashcard of the alphabet

Each letter in the alphabet corresponds to an animal and an emotion as well. The illustration on the flashcard shows the emotion on that animal. Example: A is for Ape. Then in the flashcard, it depicts of an ape what is Anxious. B for bear. Then the bear in the picture is brave. C for cat and the... View More

Bill Hulsey
PREMIUM
Bill Hulsey
answered on Aug 1, 2021

This may be a proper subject for a design patent.

Please watch the following YouTube:

https://www.youtube.com/watch?v=WZREm0_THVg

This may help.

Bill Hulsey

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5 Answers | Asked in Trademark for Texas on
Q: How can I trademark my podcast name?
Bill Hulsey
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Bill Hulsey
answered on Jul 7, 2021

Yes, just as with any service mark. As long as it is not confusingly similar to another's podcast or similar product/service name.

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2 Answers | Asked in Patents (Intellectual Property) for California on
Q: I own a patent that was issued in June of 2011. I did not keep up with maintenance fees. What is my status now in 2021?
Bill Hulsey
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Bill Hulsey
answered on Jun 22, 2021

You can pay the maintenance fee, but there will be gap in protection.

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3 Answers | Asked in Trademark for New York on
Q: Hi I'm the legal owner to the trademark. Could I renew it and lift the cancellation?
Bill Hulsey
PREMIUM
Bill Hulsey
answered on Jun 20, 2021

Probably not. But, you can refile. With continued use a new registration will be dated as of your first use in commerce date.

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3 Answers | Asked in Patents (Intellectual Property) on
Q: Hello. I need the complete patent No 6,616,673

I believe this is just a brief of the patent. I need it completly

Bill Hulsey
PREMIUM
Bill Hulsey
answered on Jun 9, 2021

go to www.pat2pdf.org

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2 Answers | Asked in Trademark for Georgia on
Q: Permission to use the Mark.

DARPA, CDMA, USCCA, USCIS, RealID, E-Sign

Bill Hulsey
PREMIUM
Bill Hulsey
answered on Jun 6, 2021

Some are functional. Some are brands. Knowing the difference is important and controls your rights.

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3 Answers | Asked in Real Estate Law, Identity Theft, Trademark and Wrongful Death for West Virginia on
Q: Echo Red was my Favorite shoes ever they was the best quality and clothing is timeless how would someone get the brand?

Trademark and holding information I’d like to really revive this brand. I heard they went bankrupt or the revenue didn’t compensate for the money spent. But no wonder everything I ever seen is top quality.

Bill Hulsey
PREMIUM
Bill Hulsey
answered on Jun 6, 2021

Check USPTO TESS data base. It includes dead trademarks. There are other sources, too.

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2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: Loophole to extend US provisional patient by 18-month by filing PCT and preserve original US priority date

I have filed a provisional US patent 11+ months ago (I have about a week remaining to file full patent). I know in the US there is no way to extend this without loosing my priority date of May 2020. However, can I refile this as a PCT, claiming the May2020 priority date, and then file the full... View More

Bill Hulsey
PREMIUM
Bill Hulsey
answered on May 6, 2021

This works, if international filing is important. However, there are better alternatives.

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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: What would the legal processes and costs be if we develop very similar tech to patent #20210022609?

Our tech uses similar electronics to patent #20210022609, with the addition of piezoelectric power supply. This is our first experience of IP law as a start-up so I would be grateful for a run-through of the legal processes required.

-Would be possible to develop similar tech for market... View More

Bill Hulsey
PREMIUM
Bill Hulsey
answered on Mar 31, 2021

The US Patent & Trademark Office website (www.uspto.gov)provides guidance along these lines. If you desire more specific guidance, please let us know. I wish you great success in this endeavor.

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2 Answers | Asked in Patents (Intellectual Property) on
Q: how to get patent number for our instrument?

we have made few modifications in NA fixator to make it easy and effective to use as distractor for closed IL nailing of femur and tibia and want to get its patent number but dont know the procedure, pl guide

Bill Hulsey
PREMIUM
Bill Hulsey
answered on Mar 31, 2021

The US Patent & Trademark Office website provides resources for this question. If you desire more specific guidance, please let us know. I wish you the best in achieving your desired protection.

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3 Answers | Asked in Trademark for New York on
Q: can I buy a trademark that was cancelled over 10 years ago?

I would like to use the Chubbles trademark in merchandise

Bill Hulsey
PREMIUM
Bill Hulsey
answered on Dec 2, 2020

No, but you can file for the same mark, if it is not in use.

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2 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) on
Q: Can one fight a patent for prior art which was NOT patented? And if yes, how to proceed, how much to invest?
Bill Hulsey
PREMIUM
Bill Hulsey
answered on Jun 1, 2020

Absolutely. Here are the guidelines for what qualifies a prior art:

Prior art constitutes those references or documents which may be used to determine novelty and/or non-obviousness of claimed subject matter in a patent application

Common Types of Prior Art...
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3 Answers | Asked in Trademark for Florida on
Q: Name I want to use is trademarked. But what if my business has more of a social presence than the trademarked name?

I can’t even find the trademarked business online.

Bill Hulsey
PREMIUM
Bill Hulsey
answered on May 26, 2020

Great question. There are numerous options to consider. If you'd like to discuss them, let us know:

Bill Hulsey

IP & Patent Lawyer

Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers

Regional Economic Developer (M.A.Econ | CEcD*)...
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3 Answers | Asked in Patents (Intellectual Property) for Georgia on
Q: How can I purchase this Patent?
Bill Hulsey
PREMIUM
Bill Hulsey
answered on May 26, 2020

Tell us more, please. Which patent?

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2 Answers | Asked in Patents (Intellectual Property) on
Q: How long is a patent good for? How long does a patent last and if it is a US patent does it apply to Canada?
Bill Hulsey
PREMIUM
Bill Hulsey
answered on May 26, 2020

20 yrs from filing date. The US Patent is not enforceable in Canada, but the application can be accepted in Canada for a national stage filing. To discuss further, contact our firm:

Bill Hulsey

IP & Patent Lawyer

Nuclear Engineer (USN-SS); Member, National Society of...
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3 Answers | Asked in Business Formation, Business Law, Entertainment / Sports and Trademark for Florida on
Q: Can I trademark an exhibition/docu-series name? I'm in FL & trying to register the name under Sunbiz & USPTO.

Also, if I can register it, would I need to register it as an LLC?

Bill Hulsey
PREMIUM
Bill Hulsey
answered on May 26, 2020

Yes. And, we can help:

Bill Hulsey

IP & Patent Lawyer

Nuclear Engineer (USN-SS); Member, National Society of Professional Engineers

Regional Economic Developer (M.A.Econ | CEcD*)

HULSEY, PC

A Gold Standard in IP for a Competitive Entrepreneurial...
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