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Texas Intellectual Property Questions & Answers
1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Texas on
Q: I am looking for a patent lawyer that specializes in weapons, specifically Guns - All Types - can you help

New type of configurable weapon that can be quickly modified for rapidly changing tactical situations - also new weapons for personal defense and law enforcement

Timothy John Billick
Timothy John Billick answered on Sep 28, 2020

Yes I can certainly help with this matter. I have experience with mechanical and electrical inventions so feel free to check out my background and drop me a line at www.tbillicklaw.com

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I need to continue with my trademark registrations because it shows like this Status: 602 - Abandoned-Failure To Respond

i have a musical band, but it shows Status: 602 - Abandoned-Failure To Respond Or Late Response what do i need to do to get my trademark active?

Timothy John Billick
Timothy John Billick answered on Sep 22, 2020

It depends on how long it has been abandoned. It is possible to revive if it has not been too long. I have revived several abandoned applications in the past, so if you would like some help, feel free to reach out!

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: I need to continue with my trademark registrations because it shows like this Status: 602 - Abandoned-Failure To Respond

i have a musical band, but it shows Status: 602 - Abandoned-Failure To Respond Or Late Response what do i need to do to get my trademark active?

Evelyn Suero
Evelyn Suero answered on Sep 11, 2020

A trademark application may show a status of abandoned for failure to respond to an office action correspondence from the USPTO. Depending on how long it has been since the notice of abandonment was sent, you may be able to file a Petition to Revive the application along with the required... Read more »

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1 Answer | Asked in Patents (Intellectual Property) and Intellectual Property for Texas on
Q: Can I patent a similar product that’s on the market that has a different feature that makes it unique??
Kevin E. Flynn
Kevin E. Flynn answered on Sep 9, 2020

Yes you can. The telephone was first patented more than 100 years ago and people are still patenting improvements.

It is important to distinguish between patentability (the ability to get a new patent) and freedom-to-operate (the ability to make and sell your product in light of earlier...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: How can I register or claim trademark
Evelyn Suero
Evelyn Suero answered on Aug 26, 2020

Trademarks may be registered with a state or federally with the USPTO. Consult with a trademark attorney to assist you with clearance search and application process.

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: What if your name is Email Bios? Could you copyright or trademark the name or names?
Tania Maria Williams
Tania Maria Williams answered on Aug 18, 2020

It depends on what goods and services you're using the name for. If the name is descriptive, it will likely get rejected.

3 Answers | Asked in Copyright, Intellectual Property, Patents (Intellectual Property) and Trademark for Texas on
Q: Can someone patent, trademark, or copywrite their first, middle, and/or last name?
Kevin E. Flynn
Kevin E. Flynn answered on Aug 18, 2020

Not a candidate for a patent.

35 USC 101 Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title....
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1 Answer | Asked in Intellectual Property for Texas on
Q: Am I protected against copyright infringement for using work of an unpublished, unregistered book manuscript?

I have written a screenplay based on a true story that includes a forgotten historical figure, the man who researched and wrote about him, and myself, who found the lost manuscript of the deceased author and decided to tell their stories. My work is more derivative than adaptation, but still uses... Read more »

John B. Hudak
John B. Hudak answered on Jun 24, 2020

This situation has a lot of facts related to the situation.

You have spent such a significant amount of time working on the project so overall you will want to consult with a copyright/entertainment attorney. It would be an injustice for you to take anything from a message board as...
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1 Answer | Asked in Intellectual Property for Texas on
Q: Is there anyway I can send the picture for trade mark register? Thank you.

Is there anyway I can send the picture for trade mark register?

Thank you.

John B. Hudak
John B. Hudak answered on Jun 19, 2020

In many instances, pictures are acceptable specimens to prove the use of a trademark associated with a good/service. A full application is required for federal registration of a trademark, though.

This answer includes generalizations and there are many caveats. This answer does not form...
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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: Is the word trademarked “GirlDad” the same as using Girl Dad with a space in between?

I made a shirt with the word “GirlDad”

Would I be able to make same shirt by adding a space in between?

Example: “Girl Dad”

Evelyn Suero
Evelyn Suero answered on Jun 17, 2020

Adding a space between the trademarked phrase may not be sufficient to overcome a likelihood of confusion and may result in a claim of trademark infringement if this mark is used in the same or related class of goods or services. Consult with a trademark attorney for more information.

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Using outlines of artists' characters for digital role playing game portraits to be put on YouTube for commercial use.

I take character art from online, take out the background in Photoshop, make the character solid white; leaving only the outline and define the edges with a black stroke and then import the final product into a virtual table to resemble characters in our Dungeons and Dragons role-playing sessions... Read more »

Barbara Berschler
Barbara Berschler answered on May 10, 2020

If you are copying in any way from someone else's art work, you will be making a derivative work which would be an infringement unless you received permission from the owner of the copyright protected work.

2 Answers | Asked in Copyright, Intellectual Property, Contracts and Internet Law for Texas on
Q: I want to pay a freelancer directly to write texts for my website. What do I do to own copyright?

Do I need to create a contract or we can agree on terms in e-mail or a freelancer can sign a paper in free form saying that whenever they get paid for their work they transfer copyright ownership to me? My website is just .com, it’s not registered as a company.

Evelyn Suero
Evelyn Suero answered on May 7, 2020

When working with an independent contractor it is good practice to have a signed written agreement where the contractor agrees that any intellectual property created while providing the services to you will be deemed "work for hire" and, if a court determines that the intellectual... Read more »

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1 Answer | Asked in Copyright, Business Law, Intellectual Property and Internet Law for Texas on
Q: Post recipe

I can figure out recipes (may be or may not be true) of manufactured food products by using publicly available ingredients lists and my algorithms. I want to post them on my website and then rate products and review them - whether I find them healthy, safe, etc based on their ingredients amounts... Read more »

Tania Maria Williams
Tania Maria Williams answered on May 1, 2020

Reviews of a product have particular protections, but understand that some manufacturers are more litigious than others. If your algorithm is incorrect, and results in a misrepresentation of their product, they may try to pursue legal action.

1 Answer | Asked in Intellectual Property and Copyright for Texas on
Q: What is the legality involved in representing a copyrighted piece of visual art in a literary work?

Say I was writing a fiction novel and wanted to overtly reference a distinct piece of visual art created by a real, living artist. Could describing it in detail in a literary work infringe on copyright? Specifically if I changed the context of the art, in this instance had the piece created by a... Read more »

Barbara Berschler
Barbara Berschler answered on Apr 26, 2020

You pose an interesting question, not easily answered based on what you have described. However, there is a concept in copyright law called "moral rights." Some countries, like France, take a broad view of the concept. In the US, moral rights are addressed in Section 17 U.S.C. 106A.... Read more »

1 Answer | Asked in Civil Litigation, Intellectual Property, Real Estate Law and Probate for Texas on
Q: Need to transfer ownership of home from mother in law to my husband. We need to start paying arrears in property taxes

My mother in law passed away last summer, and my husband is her only child and living family. We need to figure out how to transfer ownership of her home and vehicle quickly because she hadn't paid property taxes for many years so we need to get on a payment plan of some kind as well as need... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Apr 10, 2020

You do not need to complete transfer of title to either the home or the car to pay the property taxes, though paying them gives no ownership rights.

The DMV has an Affidavit of Heirship form.

While a court will not enforce it until it has been in the county clerk's deed records...
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2 Answers | Asked in Intellectual Property and Trademark for Texas on
Q: If a company filed bankruptcy and abandon their trademark and you went ahead and started the same business and filled

For the trademark that was once abandon, can that old company come after you with a cease and desist letter or I would need to pay them for using their name , And if so then what’s my right?

Tania Maria Williams
Tania Maria Williams answered on Mar 25, 2020

Just because a company filed bankruptcy doesn't mean they're not still using the mark in commerce. There are different types of bankruptcy and not all result in the company no longer doing business. Also, there are common law rights a trademark owner has once they continue to use the... Read more »

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1 Answer | Asked in Copyright, Intellectual Property and Trademark for Texas on
Q: Can I create a trademark called "Stay Classy Girl" if "Stay Classy" is already taken?
Tania Maria Williams
Tania Maria Williams answered on Mar 23, 2020

It depends on the class of goods and services and potential related goods or services that the marks protect. Just because a term is registered in one class doesn't mean a person cannot use it for different goods and services. The test is whether there is a likelihood of confusion among... Read more »

1 Answer | Asked in Intellectual Property for Texas on
Q: How are written works (not copyrighted) distributed to partners when a company dissolves?
Tania Maria Williams
Tania Maria Williams answered on Mar 3, 2020

Just because the works aren't registered doesn't mean they are not protected by copyright. You would need to put a plan for dividing the assets upon dissolution in the operating agreement (if you're in the planning stages) or come to an agreement on dividing the assets if there is... Read more »

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: can I copyright a work for hire?

If I commissioned a freelance artist to created my a graphic character and we sighed a work for hire contracted before work started. does it fall in the nine categories of work for hire?

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 30, 2019

Indeed that is the purpose of the contract and work for hire clauses

make sure your contract is firm and the other person understands what she signed off to avoid future complaints

1 Answer | Asked in Copyright, Intellectual Property, Family Law and Child Custody for Texas on
Q: married mother under investigation process and my caseworker has yet to summit an application for my assesment. This ok?

What are my rights? I need advice! I know I've made mistakes, but im a great mom and my babies need me! How can i help this nightmare end? Im going to do better for my babies, no doubt. Im trying to work with the investigator, but when will my case become important enough? Im no one in this... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 30, 2019

Based on your details it sounds like you’re a good mother who has made some mistakes. Sounds like you have taken responsibility of those mistakes and ready to forge ahead. In order to fight the way you need to you’re going to have to hire your own attorney and be ready to spend thousands of... Read more »

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