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Nevada Intellectual Property Questions & Answers
1 Answer | Asked in Trademark and Intellectual Property for Nevada on
Q: I created a label for my candle company, but it looks similar to an already established company’s label. Is this legal?

I use a common font as my candle name font, for my website headers and for my logo. They appear to use the same font for their candle names and website headers. We both use is lowercase in our website headers and candle names. Our candle names are similar in that we use phrases or places to name... View More

James L. Arrasmith
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answered on Feb 5, 2024

The legality of your label's design in relation to another company's label hinges on whether it creates confusion among consumers about the source of the products due to the similarities. Trademark law protects brand names, logos, and other identifiers from being used in a way that could... View More

2 Answers | Asked in Trademark and Intellectual Property for Nevada on
Q: How much does it cost to register a trademark?

website is www.suncabo.com and I'd like to trademark my logo

Felicia Altman
Felicia Altman
answered on Jan 23, 2024

A trademark application can cost $250-$350 depending on the type of application you are submitted. When submitting a trademark application there can be additional fees if you file an "intent-to-use" verses "In-use" application. A trademark attorney is recommend to assist you... View More

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1 Answer | Asked in Copyright and Intellectual Property for Nevada on
Q: Can I use snippets of lyrics from songs with full attribution in a journal, where the quotes/lyrics are incidental?

I am looking to creating a Trading Journal that includes suggestions, reminders, and best practices for traders to follow. For example: In a section where I mention that you need to take a loss if the market moves against you, I could use a quote/lyrics from Led Zeppelin such as "Cryin'... View More

James L. Arrasmith
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answered on Jan 3, 2024

Incorporating song lyrics into your trading journal requires careful consideration of copyright law. Copyright protects original works of authorship, including lyrics, and using them without permission can lead to infringement issues.

Fair use is a complex legal doctrine that allows...
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1 Answer | Asked in Trademark, Copyright and Intellectual Property for Nevada on
Q: Can I use royalty free car photos in my game if I blure out the logos and other trademarks of the brand?
James L. Arrasmith
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answered on Dec 15, 2023

Using royalty-free car photos in your game, even with blurred logos and trademarks, requires careful consideration of copyright and trademark laws. While blurring the logos and trademarks might reduce the risk of direct trademark infringement, it does not automatically clear legal hurdles,... View More

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Nevada on
Q: Can I save the original patent that went to the appeals court and I got the answer November 2021? And I also have 3
Adam W. Bell
Adam W. Bell
answered on Oct 19, 2023

Abandoned patent applications can usually be revived, but only if abandonment was "unintentional".

Once your application has been rejected by the PTAB, you can do one of a number of things:

1) Request a Rehearing within 2 months of the decision

2) file an RCE...
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2 Answers | Asked in Trademark and Intellectual Property for Nevada on
Q: How do I protect my business name/trademark if I was involved with a trademark scam?

I recently contracted Trademark Pioneer to file a trademark for my business name. They claimed I need 5 different classes and I stupidly agreed and paid them for the 5 classes. After I paid them and filled out the paperwork I didn't hear back from them for over a week. I did some research on... View More

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Sep 15, 2023

You definitely should terminate the pending application and re-file with a reputable trademark attorney. Trademark Pioneer is/was a notorious scam, you were an unfortunate victim. But they cannot "steal" your trademark, as ownership depends on usage and you have priority of use if challenged.

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3 Answers | Asked in Patents (Intellectual Property), Trademark and Intellectual Property for Nevada on
Q: What is the total time required to file a patent and trademark, how soon is my info be publically available on the USPTO

I hired an attorney 3 months ago, he was trying to file a patent and trademark, but still, the information didn't show up publically nor did he provide any application number, Also, he keeps saying the application keeps being rejected, can hire another attorney?

T. Augustus Claus
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answered on Aug 30, 2023

In Nevada, the time required to file a patent and trademark can vary depending on factors such as the type of patent or trademark and the complexity of the invention or design. Generally, the process for both can take several months to several years, involving steps such as examination, review, and... View More

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1 Answer | Asked in Copyright and Intellectual Property for Nevada on
Q: I reproduce album cover art using paper as a medium. Is it copyright violation to create and/or sell the reproductions?
James L. Arrasmith
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answered on Sep 11, 2023

Creating and selling reproductions of album cover art could potentially infringe on the copyrights held by the original creators, as album cover art is generally protected by copyright law. If you are reproducing the art precisely or creating works that are substantially similar to the originals,... View More

1 Answer | Asked in Intellectual Property and Small Claims for Nevada on
Q: Had Walmart do oil change car didn't start after they changed

Had to have car towed they unhooked battery took my key apart so fari have had to get new key change ring antenna are they responsible

James L. Arrasmith
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answered on Aug 6, 2023

It would be best to collect evidence of the incident, such as receipts, photographs, and any communication with Walmart, and consult with a personal injury attorney to assess your specific case and determine the appropriate legal recourse.

James L. Arrasmith

Founder and Chief Legal...
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1 Answer | Asked in Copyright and Intellectual Property for Nevada on
Q: i was writing a story about Bluto and other Popeye characters would this be something i can do or is this infringement

so i iv seen that popeye him self ist 100% public domain but i was trying to write a story evolving the characters from that "universe" but i dont want to get the ball rolling and end up infringing (this project isn't necessarily for profit but on the off chance it takes off )

Eric Estadt
Eric Estadt
answered on Jun 9, 2023

Generally speaking, if there is doubt about whether you have permission, it is best to seek permission.

As I understand, because the original comic strips involving the Popeye character were created as a "work for hire" in the United States, they will not enter the public domain...
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1 Answer | Asked in Copyright and Intellectual Property for Nevada on
Q: Can someone Trademark the name if it's already Copyrighten?

I have Animation Characters Copyrighten. I've Copyrighten the name as well. We haven't been picked up by a studio yet nor or we published. We plan on selling merchandise and kid's clothing moving forward once we have sold the brand.

Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 20, 2021

It depends.

You need to consult with an attorney, there are different criteria used to determine whether a trademark can be granted or not.

2 Answers | Asked in Products Liability, Identity Theft, Intellectual Property and Small Claims for Nevada on
Q: Social Security Administration lost my passports when sending us back through USPS without insurance. Possible to claim?

I applied for my 3-yr old daughter's social security number for her health insurance. Because of Covid, SSA required us to submit the original copies of her and my passports at their office. Once my daughter was approved of the SSN, the SSA office sent us back the passports through uninsured... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 11, 2021

You should make a report to the post office. Take your copy of that report and make a claim to Social Security. They may want to you reapply for your daughter's passport so they have the copy of the bills. They say no, talk to your congressperson & Senators--each has a staff member to... View More

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1 Answer | Asked in Copyright, Estate Planning, Business Law and Intellectual Property for Nevada on
Q: My late husband had semiconductor patents. I haven't probated yet and not sure what needs to be done. US4,697,332
Marcos Garciaacosta
Marcos Garciaacosta
answered on Jun 7, 2021

Talk to an attorney

Patents are property, but they expire, so depending on when he got them you may or may not have any valuable assets

3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Nevada on
Q: Who owns the intellectual property (photo), if a friend used my cell phone to take the photo of my property?

My friend used my cell phone to take a picture of my sound bowl and it came out beautiful. She he says the picture is his intellectual property. Although the cellphone used to take the picture and the sound bowl is mine. Who owns the photo?

Kevin E. Flynn
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Kevin E. Flynn
answered on May 27, 2020

This is not a patent question so I will defer to an attorney in your state to give you a formal answer.

To get some background on copyright from a reliable source. Here is a link to the Frequently Asked Questions Page by the US Copyright Office....
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1 Answer | Asked in Intellectual Property for Nevada on
Q: Is this saying I have 35 days after the due date to pay the trustee?

I bought a house from person X and I need to Pay them May 1, then corona-world happened and all the lenders stopped lending. I have three lenders working on a loan, racing to get it done, but am contemplating on offering person x $$ to extend the due date by 30 days. Via 107.080, it seems I do not... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 7, 2020

This is about negotiating, and you should consider extending the deadline to make sure you do not lose the property.

Make sure you have a modification to the contract to make sure they do not try to pull the rug.

best luck

www.legalbizglobal.com

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Nevada on
Q: If im only going to operate within the U.S.A, do I need to have an International Classification on my trademark?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 21, 2019

yes

that is the standard

the numbering system used by USPTO follows the international classification.

It wasn't completely clear what you were asking, so you may want to contact us off line

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Nevada on
Q: Regarding the porter case patent.. if I change the material or a little design just a little is it acceptable?
Peter D. Mlynek
Peter D. Mlynek
answered on Aug 22, 2018

I am not sure which Porter Case patent you are referring, so it is hard to answer this question. But here are some guidelines.

(1) There appears that are only about 6 Porter Case patents. Some of these are pretty old, and they have expired by now, but some are still in force. You need...
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1 Answer | Asked in Intellectual Property for Nevada on
Q: Can I use pictures of celebrities, musicians, album covers in a blog that compares/contrasts or has surveys?

I want to have a blog that compares and contrasts celebrities, sports teams, musicians etc. I also want to ask readers who is better than who. For example: who would you rather have lunch with, Michael Jordon or Labron James? I want to be able to include images but cannot afford to pay for rights... View More

Andrew Zulieve
Andrew Zulieve
answered on Jun 5, 2018

Your proposed unauthorized use is a risky one exposing you to a civil action in federal court for copyright infringement.

Q: Intellectual/Moral Rights Signed to Corporation FOREVER?

I'm a 20-year old male in the state of Nevada looking for work online. I've applied to an online AI-research company and have gotten a request for my first job. In the agreement attached, there is a few things I'm wary of before signing. It may just be paranoia, but I would like to... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 16, 2018

I think that the assignment of all IP rights forever has to do with assigning all the rights that you produce for the company while you are engaged in an assignment for them. It does not extend to IP rights that you generate during your lifetime after the engagement ended.

You may want to...
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1 Answer | Asked in Copyright and Intellectual Property for Nevada on
Q: If we want to use a photograph we have a copy of for a wall mural, do we need to license usage?

I work at a non-profit museum and we have a physical copy of a photograph from 1967 originally done by United Press International in 1967. The copy we have is actually from UPI and has their stamp on the back. CORBIS bought the pre-1991 UPI images that were physically housed in UPI's archives... View More

Benton R Patterson III
Benton R Patterson III
answered on Oct 26, 2017

You are correct. To recreate the image, you need a license from the copyright owner.

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