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Nevada Intellectual Property Questions & Answers
1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Nevada on
Q: Hi, I have a new tableware design that is different in both utility & design. How much would it cost & which patent?

It seems long & expensive to apply for a patent & I have limited resources.

However I don't want to see someone else get the credit or financial recompense of my experimentation & hard work.

I especially don't want to get locked out of my own designs if... View More

James L. Arrasmith
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answered on Apr 26, 2024

Hi there! I'd be happy to provide some guidance on protecting your new tableware design. Given the information you've shared, a design patent may be the most appropriate type of intellectual property protection for your work. Here's an overview of the process, costs, and timeline:... View More

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

James L. Arrasmith
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answered on Jan 23, 2024

The cost to register a trademark depends on a few factors, but here is a breakdown:

Filing Fee:

- The basic filing fee for a trademark application is $350 per class of goods/services. Most trademarks register in one class.

Attorney Fees (recommended):

- Having an...
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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
James L. Arrasmith
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answered on Oct 23, 2023

If you're looking to preserve an original patent that went to the appeals court, you'll need to ensure that it's properly documented and stored in a safe location. If the appeals court issued a decision in November 2021, it would be prudent to maintain a certified copy of that... View More

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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
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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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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

James L. Arrasmith
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answered on Sep 21, 2023

I recommend taking immediate action to protect your business name. You should hire a reputable trademark attorney to help you file a legitimate trademark application with the USPTO in the correct classes. Be sure to maintain clear documentation of your dispute with Trademark Pioneer as evidence if... 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

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?

Fritz-Howard Raymond Clapp
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answered on Aug 30, 2023

An application for federal trademark registration is filed online and immediately assigned a serial number, and it is publicly accessible within a few days at most. It could not be rejected yet, as it takes over 8 months before an application is assigned to an examining attorney. Your attorney is... View More

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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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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?

James L. Arrasmith
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answered on Sep 7, 2023

Filing a patent can be a lengthy process and it generally takes about 1 to 3 years for a patent to be granted, while trademark registrations can typically be finalized within 6 months to a year if there are no oppositions or refusals. Regarding public availability, once a patent application is... View More

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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 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: 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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