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Nevada Intellectual Property Questions & Answers
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
Fritz-Howard Raymond Clapp
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?

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?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
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?

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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1 Answer | Asked in Intellectual Property for Nevada on
Q: Is this saying I have 35 days after the due date to pay the trustee?

I bought a house from person X and I need to Pay them May 1, then corona-world happened and all the lenders stopped lending. I have three lenders working on a loan, racing to get it done, but am contemplating on offering person x $$ to extend the due date by 30 days. Via 107.080, it seems I do not... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 7, 2020

This is about negotiating, and you should consider extending the deadline to make sure you do not lose the property.

Make sure you have a modification to the contract to make sure they do not try to pull the rug.

best luck

www.legalbizglobal.com

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Nevada on
Q: If im only going to operate within the U.S.A, do I need to have an International Classification on my trademark?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Feb 21, 2019

yes

that is the standard

the numbering system used by USPTO follows the international classification.

It wasn't completely clear what you were asking, so you may want to contact us off line

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2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Nevada on
Q: Regarding the porter case patent.. if I change the material or a little design just a little is it acceptable?
Peter D. Mlynek
Peter D. Mlynek
answered on Aug 22, 2018

I am not sure which Porter Case patent you are referring, so it is hard to answer this question. But here are some guidelines.

(1) There appears that are only about 6 Porter Case patents. Some of these are pretty old, and they have expired by now, but some are still in force. You need...
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1 Answer | Asked in Intellectual Property for Nevada on
Q: Can I use pictures of celebrities, musicians, album covers in a blog that compares/contrasts or has surveys?

I want to have a blog that compares and contrasts celebrities, sports teams, musicians etc. I also want to ask readers who is better than who. For example: who would you rather have lunch with, Michael Jordon or Labron James? I want to be able to include images but cannot afford to pay for rights... View More

Andrew Zulieve
Andrew Zulieve
answered on Jun 5, 2018

Your proposed unauthorized use is a risky one exposing you to a civil action in federal court for copyright infringement.

Q: Intellectual/Moral Rights Signed to Corporation FOREVER?

I'm a 20-year old male in the state of Nevada looking for work online. I've applied to an online AI-research company and have gotten a request for my first job. In the agreement attached, there is a few things I'm wary of before signing. It may just be paranoia, but I would like to... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Mar 16, 2018

I think that the assignment of all IP rights forever has to do with assigning all the rights that you produce for the company while you are engaged in an assignment for them. It does not extend to IP rights that you generate during your lifetime after the engagement ended.

You may want to...
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1 Answer | Asked in Copyright and Intellectual Property for Nevada on
Q: If we want to use a photograph we have a copy of for a wall mural, do we need to license usage?

I work at a non-profit museum and we have a physical copy of a photograph from 1967 originally done by United Press International in 1967. The copy we have is actually from UPI and has their stamp on the back. CORBIS bought the pre-1991 UPI images that were physically housed in UPI's archives... View More

Benton R Patterson III
Benton R Patterson III
answered on Oct 26, 2017

You are correct. To recreate the image, you need a license from the copyright owner.

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Nevada on
Q: Patent Question: How do I safeguard an idea for a new product?

I have come up with an idea. In four (4) years of research, I have found that this product/item does not exist. I do not want this idea stolen. Before I seek financing, how may I patent this idea inexpensively? I have made the 'poor man's patent' and sent the idea to myself via... View More

Peter D. Mlynek
Peter D. Mlynek
answered on Aug 30, 2017

Congratulations on coming up with a new product. I hope that it is a success.

You are also absolutely correct that you need to safeguard your idea. Among the documents that your investors will want to see prior to giving you money, is a patent application. If you do not have IP secured,...
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1 Answer | Asked in Copyright, Gaming, Intellectual Property and Patents (Intellectual Property) for Nevada on
Q: Hi, About Casino table game Patent number: D748736. How much would similar casino table game patent cost?

I´m planning to release new casino table game. So I´m interested about how much it costs. And which parts of patent process would be most expensive. THX

Peter D. Mlynek
Peter D. Mlynek
answered on Jun 20, 2017

Design patents applications preparation and filing run in the neighborhood of $1500 to $2000. Additionally, there is the cost of prosecution.

Good luck!

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