Tawnya Ray Wojciechowski's Answers

Tawnya Ray Wojciechowski
Irvine Intellectual Property Law Attorney.
Contributor Level 6

3

Attorney answers:

  1. Tawnya Ray Wojciechowski
  2. Oscar Michelen
  3. Mario Sergio Golab

If I found designs for chinese characters on a website, do I need to get permission from the website to use them

Asked by a user in Dublin, CA - over 3 years ago.

If the Chinese characters actually transliterate into the word 'OLYMPICS" then the super-trademark protection given to the International Olympics Committee will kick in to preclude your use of the mark on any commercial products sold in the United States. If you changed the Chinese characters so they no longer formed the recognizable word "OLYMPICS" then you would not have this problem. However, you would want to make sure what you change does not create a new translated word that some other...

3

Attorney answers:

  1. Tawnya Ray Wojciechowski
  2. Tomas Michael Flores
  3. Mario Sergio Golab

Adobe Illustrator, photoshop software, and anyother software for desingers

Asked by a user in Dublin, CA - over 3 years ago.

Just because you purchased the software for use on your computer to create illustrations or graphics, it does not give you the right to use the brand name as a brand for your clothing line. Under our trademark laws, the standard is whether a member of the public would likely be confused by your use of the mark on your clothing line as being related to, endorsed by, or affiliated with Adobe software. Often this determination will turn on whether the mark would be deemed famous, as unrelated...

3

Attorney answers:

  1. Tawnya Ray Wojciechowski
  2. Oscar Michelen
  3. Daniel Nathan Ballard

Copyright

Asked by a user in Wellesley, MA - over 3 years ago.

A slogan is not registerable as a trademark. If you are only using the slogan as an ornamental design on the front of a T-shirt, you cannot register the slogan as a copyright. A trademark registration is the appropriate way to obtain protection for the slogan, but you would have to use the slogan on items other than on the front of a t-shirt to avoid a rejection by the United States Patent and Trademark Office. You have to show that you are using the slogan to identify your business as a...

1

Attorney answers:

  1. Tawnya Ray Wojciechowski

Part 3/ Please help me what are they saying ? are they saying that have right to my patent pending idea

Asked by a user in New York, NY - over 3 years ago.

While it is somewhat confusing, it appears that you have been given an unsolicited idea submission agreement for a proposed disclosure by you of some new idea or product. There were several cases in the past that held companies liable for using ideas submitted to them by third parties. So the lawyers responded by having anyone that makes an unsolicited submission sign an agreement that recognizes that the company has no legal obligation to the submitter, and only if the company uses the...

4

Attorney answers:

  1. Rebecca S. Ashbaugh
  2. Daniel Du-Ning Woo
  3. Phillip Gustavo Day
  4. Tawnya Ray Wojciechowski

How does TM help me

Asked by a user in Washington - over 4 years ago.

Rebecca is very correct in her answer, but there are additional guidelines, for example, a service mark is different from a trademark and the informal notice for service marks is a superscript "sm" as opposed to a TM.

4

Attorney answers:

  1. Mark Phillip Walters
  2. Andrew Armour Magwood
  3. Gerry J. Elman
  4. Tawnya Ray Wojciechowski

Patent attorney requirements

Asked by a user in Washington - over 4 years ago.

I highly recommend speaking with a patent lawyer, as patents are very technical in nature, and you may need to have a search conducted as insurance against spending a lot of money to find out that the idea you have is actually not new and will not meet the novelty requirements for obtaining a patent. DO NOT USE the online products that are deceptive and make people believe they will get a patent when you are only receiving what is called a provisional patent, which is not an actual patent....