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Texas Copyright Questions & Answers
3 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... View More

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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 Patents (Intellectual Property) and Copyright for Texas on
Q: Does someone have a patent on dog whelping boxes or cages with uv lights to kill all germs, bacteria and viruses?

Lots of breeders and pet owners have puppies die every month from Parvovirus in my area.

Kevin E. Flynn
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Kevin E. Flynn
answered on Aug 25, 2020

Short answer is that I do not know if whelping cages/boxes with UV lights are covered by a patent. Using UV lights to kill bacteria etc. is fairly well known so I am not sure that I see the inventive twist that would be covered by a patent

You may want to do some preliminary searching...
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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
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Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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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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3 Answers | Asked in Contracts, Copyright, Criminal Law and Real Estate Law for Texas on
Q: texas penal code title 4 chapter 16 section 16.06 in "layman's
Grant St Julian III
Grant St Julian III
answered on Aug 13, 2020

I am not sure of your exact question.

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2 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Texas on
Q: My friend and I have come up with an idea that we want to market. It is extremely unique.

My friend and I have come up with an idea that we want to market. It is extremely unique. We have been researching for a few days now to make sure there is nothing like it on the market. We were trying to figure out if we need a patent to manufacture the product to sell or if we need a copyright.... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Jul 27, 2020

It is not clear what your invention is so my answer is going to be somewhat general.

You asked "can we file the paperwork with the U.S. ourselves"? The answer is yes you can. The USPTO allows inventors for file patent applications without the assistance of patent attorneys....
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1 Answer | Asked in Consumer Law, Copyright and Patents (Intellectual Property) for Texas on
Q: Would it be possible for an unrelated individual to use this process to design a consumer good after getting investors?

US Patent Application for LASER INDUCED GRAPHENE MATERIALS AND THEIR USE IN ELECTRONIC DEVICES Patent Application (Application #20200112026)

Do patent applications on new methods of producing material products make it impossible for others to use the methods in their own designs?

Thankyou

Kathryn Perales
Kathryn Perales
answered on Jun 29, 2020

If a granted patent describes the same method that you want to use, then the inventor can prevent you from using that process without their permission. If a patent application has not yet been granted, then the inventor does not yet have the right to stop you. However, if the patent is granted... View More

1 Answer | Asked in Copyright, Tax Law, Cannabis & Marijuana Law and Gov & Administrative Law for Texas on
Q: What is my entity type if I’m running an online smoke shop?

Any other legal advice about starting an online smoke shop

David Ostrove
David Ostrove
answered on Jun 28, 2020

Based on what you have stated, you are probably a sole proprietorship.

1 Answer | Asked in Business Law, Copyright and Products Liability for Texas on
Q: Is it legal to repackage alcohol into smaller bottles and sell those without any license? And ship across state lines?
Tim Akpinar
Tim Akpinar
answered on Jun 27, 2020

A Texas attorney could advise best, but your post remains open for five weeks. Until you are able to arrange a consult with an attorney who handles such matters, you might be able to research some of the free resources of the USPS, in terms of their conditions and limitations for various solid and... View More

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... View 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... View 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... View More

Tania Maria Williams
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Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Copyright and Business Law for Texas on
Q: Post formulas

Certain foods have its ingredients listed in a specific order. Based on that I created an algorithm that can calculate ingredients percentage in a formula (that may or may not be different from the manufacturer’s). Can I post my calculations on my website (of course I will mention that these are... View More

Barbara Berschler
Barbara Berschler
answered on Apr 29, 2020

The question you pose could cover several areas of intellectual property. For example, a trade secret is not violated if you figure it out without violating a legal obligation to keep the secret. I assume you have no contract of non-disclosure with the manufacturer. If you can figure out the... View More

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... View 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.... View More

1 Answer | Asked in Copyright for Texas on
Q: Can I use a diagram in a textbook and explain it in my own words for educational purpose and post it on YouTube?

Would I be able to describe and make a video about a topic and use a diagram or picture in a textbook under fair use laws, for posting on YouTube as nonprofit? Would I get copyright strikes?

Bill Hulsey
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Bill Hulsey
answered on Apr 22, 2020

Take a look at the requirements for fair use of copyrighted subject matter. Here is a link to a page by Stanford University on the issue: https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

If you comply with the fair use restrictions, you are probably fine.

2 Answers | Asked in Copyright for Texas on
Q: Can I use educational youtube videos as a resource for learning in my for-profit learning platform?

I have a for-profit learning platform but it is free for people to use. We only make money when someone is called for an interview through our platform. The videos are not the primary source for learning, they are only a resource for people to refer to when they get stuck while practicing on the... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 16, 2020

Links, probably,

Embed them, probably not

You are skating in thin ice

consult with an attorney

Marcos.

www.legalbizglobal.com

480 324 6378

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1 Answer | Asked in Copyright for Texas on
Q: Hello, If someone were to create an app and they dont want images on the app to be used what steps do I need to take?
Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 16, 2020

Need more details in order to provide a proper answer

Make an appointment to review your plans

Marcos.

www.legalbizglobal.com

480 324 6378

1 Answer | Asked in Copyright and Trademark for Texas on
Q: Since N.W.A is trademarked can I use N.W.A Investment group. As the term means something completely different?

Never Work Again investment group

Barbara Berschler
Barbara Berschler
answered on Apr 15, 2020

When you say N.W.A. is trademarked, do you mean it is a registered trademark with the USPTO? If that is the case, then you need to examine what classes has the person registered or applied for. For example, it sounds like you want to offer financial advice services. What are the good or services... View More

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