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Delaware Intellectual Property Questions & Answers

3 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Delaware on

Q: What is the cost to protect an invention and what documents do i need to provide?

Sean Erin Serraguard answered on May 1, 2019

The cost to have a professional draft an application can be as low as 4-5k and dramatically higher if you go through large firms. Filing the application will cost about 1720, unless discounts for small entity or micro entity apply. For filing, the main things you'll need are the complete... Read more »

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1 Answer | Asked in Business Law, Trademark and Intellectual Property for Delaware on

Q: Do I need to change my business name?

I registered my business in DE named “Goddess Financial”, after a trademark search I realized there is a company in Australia named “Financial Goddess”. (Registered their trademark in USA). We offer different services but both obviously in the financial industry. Do I have to change my... Read more »

Ahaji Kirk Amos answered on Apr 12, 2019

I would recommend that you change your name to avoid future disputes. The standard for trademark infringement is a likelihood of confusion. Sounds like that is a possibility. Now, if you were using the trademark before the date of first use of the registered mark, you may want to seek... Read more »

1 Answer | Asked in Intellectual Property for Delaware on

Q: Any updates? The application has been granted but not shown here

Griffin Klema answered on Mar 18, 2019

You don't identify what you are talking about, so we can't help you.

2 Answers | Asked in Intellectual Property and Trademark for Delaware on

Q: Would this situation be considered trademark infringement? Details provided. Thank you!

In 2016 A partner and I formed a product oriented company. We spent months of planning and research to choose our company name and product name. We also consulted with two attorneys in choosing the product name. We proceeded to purchase a domain, file a Delaware trademark registration, and a... Read more »

Benton R Patterson III answered on Jun 4, 2018

The USPTO may deny the application based on the conflict with your registration. I would continue to watch the application. If it is published for opposition, you may want to retain an attorney to oppose the registration. It is also possible that both trademarks can exist concurrently if the... Read more »

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2 Answers | Asked in Intellectual Property and Trademark for Delaware on

Q: Incorporation in Delaware: trademark exists for company name but in different sector

Hi,

We are going to incorporate a software company in Delaware. There is a trademark for the same company name but in the oil in gas industry in Texas. Also doing a google search, we see that there are other business using the same name in the software sector, but they don't appear to have... Read more »

Benton R Patterson III answered on May 31, 2018

An attorney would need to review all the facts to answer this question. Here are some general observations that may be helpful.

The oil company trademark could be an issue if the products/services are similar. For example, if that trademark is for geo-location services and your software...
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1 Answer | Asked in Intellectual Property for Delaware on

Q: I was told these patents were reassigned to new Millenium gaming. Would I be able to see that?

Patents 20160051891; 20150339042; 9098969; 20140378199; 20060202671

Griffin Klema answered on Sep 17, 2017

You can search for assignments of U.S. patents and patent applications here: https://epas.uspto.gov

Griffin Klema

https://klemalaw.com

1 Answer | Asked in Intellectual Property for Delaware on

Q: How do I dispute a Trademark?

Charles Snyderman answered on Apr 25, 2014

Trademark disputes are best handled by an attorney. Trademark disputes are usually started with a cease and desist letter.

1 Answer | Asked in Intellectual Property for Delaware on

Q: What was the reasoning in the svs vs card activation technology decision today?

Charles Snyderman answered on Feb 12, 2013

Did you read the decision? If so, what part don't you understand? The opinion is much too long for such a broad question.

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