You can file a provisional patent application and say patent pending for a year but that may not be a long-term fix. In order for the patent process to be valuable to you, you need to get claims in a non-provisional application through the examination process. You will need to show that what you...Read more »
There is really not a clear answer here. It is possible the other trademark owner may oppose your trademark registration or sue you for trademark infringement. The fact that the two marks are in different classes does not necessarily mean consumers are unlikely to be confused by the two marks....Read more »
If a patent is expired, then whatever is in the patent is generally considered in public domain, meaning, that anyone should be able to use it. There may be some weird exception to this, but that is the whole idea behind patents: the inventor discloses the invention to the society, and return the...Read more »
Copyright protection is governed by federal law. The Supremacy Clause declares that federal law supersedes inconsistent state law. So yes, if there are state laws in the picture (although it is hard to imagine that being), they would probably be superseded by federal law.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.