Get free answers to your Intellectual Property legal questions from lawyers in your area.
My sister had a minor car accident when she hit an old lady's car while changing lanes, but it wasnt a major accident as it only scratched the lady's car. The cop gave my sister just a warning as it was her first accident and the damage was really low, even the lady said she wasn't... View More
answered on May 3, 2019
I would be pleased to discuss how you can defend the case: 202-713-5292 (cell).
My company and it's name were created a few years before the name was trademarked by an individual/person. The individual used sloppy specimens showing use by his corporate entity with no similarity in word mark even shown, and again; filed as an "individual/person" but still got the... View More
answered on Apr 29, 2019
Yes.
You may use your entity status as a defense. However, a plaintiff can choose to sue whomever they'd like.
answered on Apr 26, 2019
In the US, you need to pay for it 3 times after it issues: at 3.5 years, at 7.5 years, and 11.5 years.
For most patents outside of the US, the maintenance fees need to be paid on annual basis.
Should we ask China factory if they have a patent for the waterproof technology on the fabric, that they offer for our waterproof sheets? Or not?
Please, advise!
Thank you! Regards!
answered on Apr 9, 2019
That depends. Patent rights are country-specific, and therefore your question involves whether that company has a Chinese patent as well as a US patent. (Patent rights generally protect making using or selling the patented technology.) If the Chinese entity has any patent protection domestically or... View More
answered on Mar 23, 2019
Well, you can't patent an idea, but you can patent your invention in the field of robotics.
My wife has been deceased. i received a letter from Human Insurance staining that fifty eight dollars and ninety seven cents is in the State Spectator position. How can I retrieve the above property? I can provide copies of marriage and death certificate.
Thanks for your kind attention.
answered on Mar 22, 2019
This is not an intellectual property question (or insurance defense), but rather a personal property issue. It's unclear from your question what you're referring to. State Spectator? I've never heard of such a thing. Maybe ask the insurance company that sent you the letter what to do?
for Example . Plant grow tent. If I took the basics of the tent , such as the building part of it and how it’s put together . However I changed the material used and actually used it for something totally different would I be able to patent that or stop other companies from selling the same thing ?
answered on Feb 28, 2019
Your short question includes many key questions of patent law.
1) You do not infringe a patent. You infringe one or more specific independent claims (ones that start with no reference to another claim) and possibly some dependent claims (a claim that adds additional limitations to at least... View More
answered on Jan 25, 2019
You should discuss with a trademark attorney. A trademark attorney will, as the first step of the service provided, conduct a thorough search of the Federal trademark register, state registers, domain names in use, and other common law usages of the term to find out if anyone is already using that... View More
Does is fall under satire or parody?
answered on Jan 24, 2019
It depends on just how much of your skit would be considered parody. Parody may be considered fair use under U.S. law (17 USC 107), but whether a particular performance/video/etc. actually provides a fair use defense depends on the specific facts, and then how those facts compare to the factors... View More
June 2003
answered on Jan 8, 2019
I see that you filed a patent application and the PTO processed the application with an Office Action rejecting the claim as too vague to even examine. After a period of six months, the application was deemed abandoned. There is an indication in the file that the final notice was returned as... View More
I'd like to use the word "fearless" for a company name in clothing, decals, stickers, etc.
answered on Dec 26, 2018
This is a common question, and I have written a lengthy blog post that attempts to answer it fully: https://klemalaw.com/blog/2017/09/09/registering-abandoned-trademarks/
answered on Dec 26, 2018
Are you selling the product? Mere possession of an item with a trademark is not necessarily infringement. Selling (i.e. generating revenues and profits) is entirely different. Unfortunately, there is not enough information in your question to provide any further insight. Good luck!
answered on Dec 7, 2018
You can try to search for similar names yourself. The state trademark database (for Florida, that's http://search.sunbiz.org/Inquiry/CorporationSearch/ByTrademark), or the federal principal register (USPTO TESS). But without someone trained in legal analysis of trademark issues, you're... View More
answered on Nov 30, 2018
Yes, possibly. It depends on a few additional facts, including the context of the original tweet, the context of your re-tweet, the economic benefit you're deriving from the use (if any), and others. It's a novel question that might be a good hypothetical for a law school exam. If you... View More
answered on Oct 27, 2018
Sure. Attorneys licensed to practice law in Florida (or in any other state for that matter) are not limited to any particular area of law, such as criminal, civil, etc. Many however emphasize such a particular area of the law, but they are not prohibited from practicing in other areas.
My father was seeking investors over 20 years ago in California for his windmill patent. A 70-year-old gentleman that dad contacted all those years ago just contacted me and is interested in the patent now that it has expired. He says he kept the paperwork because It was so intriguing. How can I... View More
answered on Oct 13, 2018
If the patent has expired, you can't "protect" the patent; it is no longer valid and enforceable.
answered on Oct 18, 2018
If you are inquiring simply for general knowledge, the U.S. Patent and Trademark Office outlines the differences in a basic manner here:
https://www.uspto.gov/trademarks-getting-started/trademark-basics/trademark-patent-or-copyright
Tim Akpinar
My ex husband owes $60,000 in arrears. Property is worth about $130,000. He’s offered to relinquish his right to the property if I let him off the hook for the child support. I’d like to take the deal. Any suggestions?
answered on Aug 1, 2018
See to it that the property is sold and you have received the proceeds before you release the child support obligation. He may be saying that the property is worth more than it is, or there may be a problem with the title.
need to know how to ask for the use of words - specifically made up words that are trademarked.
answered on May 3, 2018
You need to negotiate a license from the trademark owner. Start by contacting the owner’s registered agent listed in the USPTO’s website. I would advise seeking the help of an attorney so you can ensure the terms of the license confirm to everything you need. If you need assistance feel free to... View More
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