Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Bill Hulsey
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... Read more »

Bill Hulsey
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

View More Answers

5 Answers | Asked in Trademark for Texas on
Q: How can I trademark my podcast name?
Bill Hulsey
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.

View More Answers

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
Bill Hulsey answered on Jun 22, 2021

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

View More Answers

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
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.

View More Answers

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
Bill Hulsey answered on Jun 9, 2021

go to www.pat2pdf.org

View More Answers

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

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

Bill Hulsey
Bill Hulsey answered on Jun 6, 2021

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

View More Answers

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
Bill Hulsey answered on Jun 6, 2021

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

View More Answers

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... Read more »

Bill Hulsey
Bill Hulsey answered on May 6, 2021

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

View More Answers

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... Read more »

Bill Hulsey
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.

View More Answers

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
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.

View More Answers

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
Bill Hulsey answered on Dec 2, 2020

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

View More Answers

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
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...
Read more »

View More Answers

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
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*)...
Read more »

View More Answers

3 Answers | Asked in Patents (Intellectual Property) for Georgia on
Q: How can I purchase this Patent?
Bill Hulsey
Bill Hulsey answered on May 26, 2020

Tell us more, please. Which patent?

View More Answers

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
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...
Read more »

View More Answers

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
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...
Read more »

View More Answers

2 Answers | Asked in Patents (Intellectual Property) for New York on
Q: what is the value of a patent of a drug? Is it a % of sales? especially like the patents that dr.fauci holds?
Bill Hulsey
Bill Hulsey answered on May 21, 2020

There are many options, including the % model.

View More Answers

2 Answers | Asked in Copyright for Maryland on
Q: Can an artist rescind permission after giving it?

I'm working with a team of volunteers on an unpaid passion project. One of those volunteers did a lot of artwork for us and gave us permission to use it. Now, about 9 months later, he is telling us that he wants all his artwork taken out of the project and completely redone. This puts a... Read more »

Bill Hulsey
Bill Hulsey answered on May 20, 2020

You may have a problem. However consider the rights of co-authors as addressed here:

https://corporate.findlaw.com/intellectual-property/copyright-ownership-the-joint-authorship-doctrine.html

View More Answers

2 Answers | Asked in Copyright for California on
Q: I am currently working on a website that uses words richie rich in the domain name. Would that create a copyright issue?

It's a website to build a community and I'm not sure whether it'll generate a copyright issue or not.

Bill Hulsey
Bill Hulsey answered on May 20, 2020

Probably not, HOWEVER, it would be necessary to know more about the site.

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...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.