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Texas Intellectual Property Questions & Answers
3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Am I required to do attestations in all 50 states for federal trademark? Company filed with asking $73 x 50 = $3650

I used an online company to submit filing for trademark of my Hercules Dock Bumpers name. Serial Number 97643107. I've paid the initial USPTO filing fee and have been waiting months for it to be assigned. I just got notice that the application was accepted and will be assigned to an... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on May 25, 2023

Your application SN 97643107 for federal registration of the mark HERCULES DOCK BUMPERS was filed 10/21/2022 by attorney Sandy Lipkin and is awaiting assignment to an examining attorney, which currently takes 8.5 months. If the registration is granted, it will be effective throughout the US and all... Read more »

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3 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Am I required to do attestations in all 50 states for federal trademark? Company filed with asking $73 x 50 = $3650

I used an online company to submit filing for trademark of my Hercules Dock Bumpers name. Serial Number 97643107. I've paid the initial USPTO filing fee and have been waiting months for it to be assigned. I just got notice that the application was accepted and will be assigned to an... Read more »

Felicia Altman
Felicia Altman
answered on May 26, 2023

There is no requirement to do an attestations in any state and it is not part of the USPTO process. The mark once filed with the USPTO will be assigned an examining attorney. Generally, at this time it takes about 8-12 months for an attorney to actually review the application. If your attorney is... Read more »

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2 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

Kevin E. Flynn
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Kevin E. Flynn
answered on May 19, 2023

This is a very common question as these topics are not taught in school. The United States Patent and Trademark Office has a web page that addresses this issue. https://www.uspto.gov/trademarks/basics/trademark-patent-copyright

I hope that this helps. Note--just as you may have a dead...
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2 Answers | Asked in Patents (Intellectual Property), Copyright, Intellectual Property and Trademark for Texas on
Q: I am trying to figure out if I need a trademark, copyright or patent. I don't know the difference.

The difference in trademark, copyright, or patent and what I need for my project

James L. Arrasmith
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answered on May 22, 2023

Trademarks, copyrights, and patents are different forms of intellectual property protection, each serving a distinct purpose. Here's a brief explanation:

Trademark: A trademark protects logos, brand names, slogans, or other indicators that distinguish goods or services in the...
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4 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Cease and Desist letter about trademark rights violation

I received a cease and desist letter from a law firm claiming that my business name is confusingly similar to their client's business name. They claim that it is in violation of trademark rights and that their client has incontestability over the usage of the name.

My question is that... Read more »

John Michael Frick
John Michael Frick
answered on May 16, 2023

In order to successfully pursue a claim for trademark infringement, it is not necessary that the infringing mark be identical; it is sufficient that the marks are so similar and the goods or services for which they are used are so related that it is likely to confuse or deceive the average consumer.

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4 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Cease and Desist letter about trademark rights violation

I received a cease and desist letter from a law firm claiming that my business name is confusingly similar to their client's business name. They claim that it is in violation of trademark rights and that their client has incontestability over the usage of the name.

My question is that... Read more »

Alec Allen Ross
Alec Allen Ross
answered on May 16, 2023

Trademark protection often extends beyond exact trademark matches. For example, when the United States Patent and Trademark Office (USPTO) reviews trademark applications for a likelihood of confusion, what they generally look for is what is referred to as an overall commercial impression. This... Read more »

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4 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Cease and Desist letter about trademark rights violation

I received a cease and desist letter from a law firm claiming that my business name is confusingly similar to their client's business name. They claim that it is in violation of trademark rights and that their client has incontestability over the usage of the name.

My question is that... Read more »

James L. Arrasmith
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answered on May 22, 2023

Trademark infringement is based on the likelihood of confusion between two marks, rather than the exact match. Even if the names are not identical, if they are sufficiently similar and used in the same or related industry, it could still be considered trademark infringement. It would be advisable... Read more »

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1 Answer | Asked in Copyright, Entertainment / Sports, Trademark and Intellectual Property for Texas on
Q: Can I cosplay as a fairy similar to Melanie Martinez’s new look at her concert Can I get in trouble for this?
James L. Arrasmith
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answered on May 7, 2023

No, you cannot get in trouble for cosplaying as a fairy similar to Melanie Martinez's new look at her concert. Cosplay is generally considered a form of fan art and is protected under fair use laws. However, if you were to sell or profit from the cosplay, you may run into legal issues as you... Read more »

1 Answer | Asked in Contracts, Intellectual Property, Internet Law and Patents (Intellectual Property) for Texas on
Q: How do i obtain personal data being denied? When I'm in compliance with procedures but instead infringement is the act

Intellectual property being withheld and my attempts have been ignored from several organizations. I've reached out to our states bar association more than several times for a fact and got little to no assistance and unfortunately finances have been affected by the covid pandemic and personal... Read more »

James L. Arrasmith
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answered on May 2, 2023

If you believe that your personal data is being withheld without justification, you may have legal options to obtain that information.

First, you can try to reach out directly to the organizations that are denying you access to your data and ask for an explanation for the denial. It may be...
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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: Can you use a business name thats trademarked and use it as a tagline?

I am starting a t-shirt business in Texas and I want to use the tagline Worn and Raised and also put it on shirts to sell. I see it is trademarked twice for business names, can I use it legally or do i have to change its lightly to maybe Worn N Raised?

N'kia (NLN)
N'kia (NLN)
answered on Apr 8, 2023

You should avoid using someone else's trademark in a way that is confusingly similar. The US Patent and Trademark Office ("USPTO") maintains a website with a lot of general trademark information and offers a webinar on trademark basics. Also, a knowledgeable trademark attorney can... Read more »

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3 Answers | Asked in Copyright, Criminal Law and Intellectual Property for Texas on
Q: Someone is posting stolen pictures of my minor child that were taken by me on the internet without my consent.

What can I legally do about that to prevent it from happening in the future ?

James L. Arrasmith
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answered on Mar 29, 2023

If someone is posting stolen pictures of your minor child on the internet without your consent, you may have legal recourse. The first step would be to ask the individual to remove the pictures. If they refuse, you may consider taking legal action. Depending on the circumstances, you may have a... Read more »

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3 Answers | Asked in Copyright, Criminal Law and Intellectual Property for Texas on
Q: Someone is posting stolen pictures of my minor child that were taken by me on the internet without my consent.

What can I legally do about that to prevent it from happening in the future ?

John Michael Frick
John Michael Frick
answered on Mar 18, 2023

You need to determine how they are stealing photographs you take.

If you are using your phone, have they managed to hack it?

If you are using a camera, do they work at the store where you take your camera when you want to print out a hard copy?

Or are you posting them on...
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1 Answer | Asked in Trademark and Intellectual Property for Texas on
Q: My trademark has been maliciously tampered with by competitors on Amazon. Can I win in a legal case?

Products bearing my trademark have been maliciously tampered with by a competitor using a high-level Amazon Vendor Central (VC) account,and there are many victims of this type of attack.

The group using this account to launch attacks is mostly from China, and as far as I know, these... Read more »

John Michael Frick
John Michael Frick
answered on Mar 16, 2023

It sounds like you could win if you can clearly identify the perpetrators in China, serve them with process, and acquire jurisdiction over them. You should do your research first to make sure the perpetrators have assets in the United States you can seize to collect any favorable judgment. While... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I painted a painting with my coworkers at an event paid for by my manager. I quit and they won't return it. Is thisLegal

I painted a painting with my coworkers at an event paid for by my manager. It is a painting of my cat with my name on it. I quit working there and wanted the painting back and my manager said if I come to get it back it's theft. Is there anything I can do or do they legally own it because they... Read more »

James L. Arrasmith
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answered on Mar 10, 2023

The ownership of the painting may depend on the specific circumstances of the event and any agreements made between you, your coworkers, and your manager. If there was no explicit agreement made about ownership of the painting, it may be considered jointly owned by all of the individuals who... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: photo club website is posting member's images without watermarks and without permission

photo club website is posting member's images without watermarks and without permission, as well as no basic level of image protection (i.e. right click disable). Members want watermarks/permissions but club is refusing. How to respond to their refusal? Which laws are they violating?

James L. Arrasmith
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answered on Feb 25, 2023

If a photo club website is posting member's images without permission or without proper attribution, they may be in violation of copyright law. Copyright law protects the rights of creators to control the use and distribution of their original works, including photographs. The members of the... Read more »

2 Answers | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: Does apple have a patent on the shape of their chargers and cables.

We want to import chargers and cables that resemble apple charges and cables in shape without their logo

James L. Arrasmith
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answered on Mar 2, 2023

Yes, Apple has multiple design patents on the shape and appearance of their chargers and cables. These patents protect the visual appearance and design of their products, including the shape, color, and texture. Importing chargers and cables that resemble Apple's patented designs without their... Read more »

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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Can I put a copyrighted sticker on a cup to sell if I bought the sticker from the copyright holder?

For example- If I buy a sticker from Disney and I put the sticker I purchased on a cup and I sell the cup would that be legal since I did not make the sticker. I would also be purchasing the sticker legally from them.

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 21, 2023

Yes, thanks to the "first sale doctrine" codified at 17 U.S.C. § 109, which provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Will it work if I register my work with the US Copyright Office as unpublished, then later decide to publish it?

If I register my work with the US Copyright Office as unpublished, then later I decide to publish my work, will I still be protected, and will I still be able to use my copyright paperwork if needed?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Jan 2, 2023

You can apply to register the unpublished work and submit a copy. But when you publish it, you should then apply to register the published work and submit what the copyright office calls the "best edition".

2 Answers | Asked in Employment Law, Copyright and Intellectual Property for Texas on
Q: can i get in trouble for using pictures i took for work, for personal matters?

for personal matters, not to sell the pictures

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

If the pictures were creative works, you could be violating your former employer's copyright interests in such works. Typically, under the work for hire doctrine, the copyright for creative works made by an employee belongs to the employer, not to the individual employee that created them.... Read more »

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3 Answers | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Texas on
Q: Can the formula for a specific type of concrete be patented?

I have developed a type of concrete specifically for my use making Anaerobic Digesters, which exhibits specific properties beneficial to the structure and operation of Mesophilic Anaerobic Digesters intended to be installed and operated as generational (extended time-frame) projects.

Kevin E. Flynn
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Kevin E. Flynn
answered on Nov 9, 2022

Yes. For an example see https://answers.justia.com/question/2022/11/09/can-the-formula-for-a-specific-type-of-c-932358 . The '358 patent was for a form of concrete used to make faux villages for use in military training exercises. The concrete was tuned to receive the bullets so that the... Read more »

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