Get free answers to your legal questions from lawyers in your area.
Company A has been using a mark in commerce for a year, but has yet to file for registration. Company B files for the mark (same name and class) with intent to use. It is pending, but has not been assigned an examiner yet. How should Company A protect their mark, and prove they have rightful... View More 
answered on Feb 20, 2024
Great question, and one that we advise businesses on regularly. Case specific. Please reach out to an experienced trademark attorney that can give practical advice.
I want to apply for a design patent for a spoon, a fork, and a knife. In my understanding, one patent application is for a single item. However, my design is the same for all 3 utensils. In this case, should I apply for the design of a handle instead? Can I say, "ornamental design of the... View More
answered on Sep 18, 2023
You should discuss with an IP attorney that has experience with design applications. That said, with proper usage of solid and dashed lines, it sounds like a single embodiment can cover all three designs, since ornamental feature is directed towards the handle. I'd recommend a different title,... View More
answered on Apr 10, 2023
D600791 - Anticipated expiration 2023-09-22
D792576 - Anticipated expiration 2032-07-18
Worlds Inc. (OTC QB:WDDD) is a leading intellectual property developer related to 3D online virtual worlds. The Company has a portfolio of 9 US patents (6,219,045; 7,181,690; 7,493,558; 7,945,856; 8,082,501; 8,145,998; 8,161,385 8,407,592& 8,640,028) for multi-server technology for 3D applications
answered on Jan 27, 2023
Search the USPTO assignment database for recorded assignments. Go to PAIR and review the file wrapper, e.g., Applicant listed on ADS and Filling Receipt. These are a couple of good starting points.
answered on Jul 25, 2022
Yes - If you took the photo, then you own the image under US Copyright law.
Popsockets LLC keeps making claims that my trademark FAB POPS is in violation of there mark POP. This has happened over 150 times since June 27, 2022. My first use of FAB POPS is 6 months before there claimed first use. How can I combat the damage this is causing my business?
answered on Jul 11, 2022
One time is frustrating, but 150 times in a matter of weeks? Wow. It looks like you have an earlier first use in commerce date between the trademarks identified in your post. However, Popsockets LLC owns a fairly large portfolio of marks comprising the word "POPS." You should speak to a... View More
How can I go after them to reverse the Trademark?
answered on Sep 7, 2020
One option is to file a petitions for cancellation of their trademark - priority. Consult a trademark attorney to discuss your situation so that you take appropriate action to protect your brand. Good luck!
Patent search help
answered on May 13, 2020
You should start by reaching out to an IP attorney for an initial discussion. Good luck!
My collars have been copied & sold on Amazon & Ebay & bought from Midali Pet Supplies
answered on May 6, 2020
Sorry to hear. Lots to discuss. You'll need to consult with an intellectual property litigation attorney.
answered on Apr 27, 2020
You definitely came to the right place. Lots of IP attorneys here. Best to pick an IP attorney with experience handling technology related to the patent you are interested in getting.
answered on Feb 24, 2020
Check the Current Owner(s) Info and Attorney/Correspondence Info tabs on USPTO's TSDR link for the subject trademark. You can either reach out directly or through counsel. Both approaches have advantages.
We are about to product some very special exhaust components for V8 BiTurbo engines, that from the shape of the design are not available on the market. We would like to patent or trademark this design in USA if possible.
answered on Feb 24, 2020
Both might be possible, depending on the design.
You should contact an experienced U.S. intellectual property attorney.
Good luck!
They deleted my admin privileges from the Facebook page that I started. I have asked them to Change the name but they will not because it is now a successful business. What should I do legally?
answered on Dec 3, 2019
You should contact an intellectual property attorney with trademark experience. You might have rights in the band name. Depends on the facts.
I'm interested in a US FTO opinion only.
answered on Nov 7, 2018
Contact a U.S. patent attorney with relevant technical and legal experience.
I sell puck holders and someone has alerted me they have a patent. Their design is different from the one I sell. Plus, I don't physically make the holders, I purchase them from a different company and add paint/glitter to it.
The patent holder sent a DMCA takedown notice to my web... View More
answered on Sep 19, 2018
I recommend contacting a patent attorney with litigation experience.
FYI - Sect. 271. Infringement of patent … "whoever without authority makes, uses OR SELLS any patented invention, within the United States during the term of the patent therefor, infringes the patent."
answered on Sep 13, 2018
Contact an experienced patent attorney that is familiar with your technology.
My colleague and I were responsible for 100% of the technical data and research for patent application and were inexplicably excluded by other colleague when he refiled secretly. We never assigned our rights and wish to contest right of ownership.
Can you advise me who we should contact at... View More
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.
