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answered on Jan 16, 2011
You are not required to hire an attorney, but if you decide to prepare and submit your own application, you must comply with all requirements of the trademark statutes and rules and may be required to respond to legal issues raised by the the Trademark Office. Because the application process can be... View More 
answered on Jan 16, 2011
No. You can establish rights in a mark based on use of the mark in commerce, without a registration. However, owning a federal trademark registration on the Principal Register provides several important benefits, including:
Public notice of your claim of ownership of the mark;
A legal... View More
answered on Jan 16, 2011
A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a... View More
answered on Jan 16, 2011
A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a... View More
answered on Jan 16, 2011
A copyright protects works of authorship, such as writings, music, and works of art that have been tangibly expressed. For more information, contact, see www.copyright.gov (U.S. Copyright Office)
Paul Overhauser
317 891-1500
www.overhauser.com
answered on Jan 15, 2011
Two good groups are the Venture Club of Indiana, www.ventureclub.org; and the Hackers and Founders, www.meetup.com/Hackers-and-Founders-Indianapolis/
Paul Overhauser
317-891-1500
www.overhauser.com
answered on Jan 15, 2011
This can't be answered in the abstract - some companies are legitimate and some do a very poor job. No. The Patent Office publishes complaints regarding invention promoters and replies from the invention promoters. Questions or complaints can be sent to Mail Stop 24; Director of the U.S.... View More
answered on Jan 15, 2011
No, the Patent Office will not make this choice for you. However, a general attorney may help you in making a selection from among those listed as registered practitioners on the Office roster. Also, some bar associations operate lawyer referral services that maintain lists of patent lawyers... View More
answered on Jan 14, 2011
No. The price is between you and your patent attorney, and the Patent Office takes no part. To avoid misunderstanding you may wish to ask for estimate charges for: (a) the search (b) preparation of the patent application, and (c) prosecution.
Paul Overhauser
317 891-1500
www.overhauser.com
A second person employs the first person or furnishes the money for building and testing the invention, should the patent application be filed by the first and second persons jointly?
answered on Jan 14, 2011
No. The application must be signed by the true inventor, and filed with the Patent Office, in the inventor's name. This is the person who furnishes the ideas (e.g. the first person in the above fact pattern), not the employer or the person who furnishes the money.
Paul... View More
answered on Jan 14, 2011
If both you and your friend had a share in the ideas forming the invention as defined in the claims – even if only as to one claim, you are joint inventors and a patent will be issued to them jointly on the basis of a proper patent application. If, on the other hand, one of these persons has... View More
answered on Jan 14, 2011
No. Most business with the Office is conducted by email and written correspondence. Interviews regarding pending applications can be arranged with examiners if necessary and are often helpful.
Paul Overhauser
317 891-1500
www.overhauser.com
answered on Jan 14, 2011
The Patent Office will answer an applicant's inquiries as to the status of the application, and inform you whether your application has been rejected, allowed, or is awaiting action. However, if you have a patent attorney or agent of record in the application file the Office will not... View More
answered on Jan 14, 2011
Most patent applications filed on or after November 29, 2000, will be published 18 months after the filing date of the application, or any earlier filing date relied upon under Title 35, United States Code. Otherwise, all patent applications are maintained in the strictest confidence until the... View More
answered on Jan 14, 2011
There are many factors to consider in determining a reasonable royalty. Under Supreme Court precedent, there are 15 factors (known as the Georgia-Pacific factors) to consider in a patent infringement lawsuit. These were first articulated in Georgia-Pacific Corp. v. U.S. Plywood Corp., 318 F.... View More
answered on Jan 11, 2011
If you have experience with patents, you may not need an attorney. For example, if you are an inventor at a large company that has patented may of your ideas, you may be very familiar with the process and how to write an application. Failing this, you really should use an attorney. I say this... View More
answered on Jan 11, 2011
You may be able to do both, if the logo contains sufficient creative content. Trademark protection would protect against someone else using a confusingly similar logo in thier business, even if they did not "copy" your logo (e.g., they coincidentally designed a logo that is similar).... View More
answered on Jan 11, 2011
The Fair Labor Standards Act (FLSA) sets minimum wage, overtime pay, equal pay, record keeping requirements and child labor standards.
A good analysis is here: http://resources.lawinfo.com/en/Legal-FAQs/Labor-Employment/Federal/what...
Paul Overhauser
317 891-1500
www.overhauser.com
answered on Jan 11, 2011
This would be risky, and could violate the copyrights of the broadcaster / producer of the football game. Copyright infringement can occur from publicly displaying a copyrighted broadcast without a license. Some broadcasters have contractors they hire to visit bars and restaruants to find... View More
answered on Jan 11, 2011
This would be risky if you did not have the permission of the car designer and/or driver. The care could be covered by a design patent. Also, there is a somewhat famous case in which someone who did exactly what you propose was found to have violated the "right of publicity" of the... View More
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