Clark AD Wilson’s Answers

Clark AD Wilson

Atlanta Patent Application Attorney.

Contributor Level 13
  1. What kind of attorney do I need for a logo to be trademarked globally?

    Answered about 1 year ago.

    1. Clark AD Wilson
    2. Glen Nuttall
    3. Michael Charles Doland
    4. Alexander H Butterman
    5. Jeffrey Oliver Williams
    6. ···
    9 lawyer answers

    There is no such thing as a "Global Trademark." You can seek an international registration, but in order to enforce rights in any country, that international registration needs to be extended into selected countries. Alternatively, you can just file trademark registration applications in selected countries one-by-one. This is a very complicated process and you are strongly advised to go through a trademark attorney.

    12 lawyers agreed with this answer

  2. Can I trademark a name and a logo on the same application?

    Answered 10 months ago.

    1. Clark AD Wilson
    2. Michael Charles Doland
    3. Russell William Kinsey
    4. Gabriel Dante Mazzitelli
    5. Jon Kenneth Perala
    6. ···
    11 lawyer answers

    You can file a logo application that has the company name written in the logo. But, this will not provide you with separate protection for the company name words apart from the combined composite logo. It may help you with arguing likelihood of confusion for purposes of infringement analysis, but you might not be able to argue federal rights. Since most of the application information will be the same, maybe you can ask a trademark attorney if he/she will cut you a brake on the fees for the...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Can I get sued for changing a company's logo and using it for my website?

    Answered about 1 year ago.

    1. Clark AD Wilson
    2. Michael Charles Doland
    3. Maurice N Ross
    4. Peter Anthony Jabaly
    5. Bruce E. Burdick
    6. ···
    6 lawyer answers

    Trademark infringement is based on a consumer's likelihood of confusion. Likelihood of confusion is subjectively determined by one or more of 8 typical factors (DuPont Factors). Its case-by-case, so there is no way to tell based on your hypothetical. Contact a trademark attorney.

    9 lawyers agreed with this answer

  4. Trademark cancellation proceeding before Trademark Trial and Appeal Board

    Answered about 2 years ago.

    1. Daniel Nathan Ballard
    2. Clark AD Wilson
    3. Maxwell Seaton Felsheim
    4. Bruce E. Burdick
    4 lawyer answers

    According to TTAB Manual of Procedure Section 528(f)(1) "After giving notice and a reasonable time to respond, the court may: (1) grant summary judgment for a nonmovant." I think you would be wise to consult an attorney further on this issue.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Large Corporation Using my Site's Name in the Same Market

    Answered about 2 years ago.

    1. Clark AD Wilson
    2. Michael Charles Doland
    3. Philip Leon Marcus
    4. Konrad V. Sherinian
    4 lawyer answers

    Initially, I would need more information in order to advise you. Specifically, were you using the domain name as a "trademark?" Many people get this confused. Simply having a corporate name or a domain name does not mean you have acquired enforceable trademark rights. So, you would be wise to speak with a trademark attorney to help you evaluate your position.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. I have started a Gaming Club and i don't have the money to register for a trademark for the group name. how do i protect myself

    Answered 10 months ago.

    1. Russell William Kinsey
    2. Clark AD Wilson
    3. Bruce E. Burdick
    4. Michael Charles Doland
    5. Maurice N Ross
    6. ···
    7 lawyer answers

    Well, you "can" simply rely on common law trademark rights, but they will be very limited. Your rights will extend only to your scope of use, for example the geographic scope. So, if your club is in Eugene, your rights will be in Eugene only. If your budget is that tight, you might at least (I stress "least") try to get a state trademark registration. But, if you are already going to spend the money to build up a website (or 4 websites) I think you can afford a federal trademark...

    9 lawyers agreed with this answer

  7. When I look at patent pdfs they are displayed with two columns of text for the abstract, descriptions, claims and so forth...

    Answered about 1 year ago.

    1. Clark AD Wilson
    2. Mark Raafat Malek
    3. Bruce E. Burdick
    4. Edward D. Robinson
    5. Dariush G. Adli
    6. ···
    7 lawyer answers

    A patent attorney will be able to format the application properly for you. Hire one.

    9 lawyers agreed with this answer

  8. How much does it cost for the process and legal fees to file a trademark

    Answered over 1 year ago.

    1. Frank A. Natoli
    2. Michael Charles Doland
    3. Clark AD Wilson
    4. Alexander H Butterman
    5. Daniel Nathan Ballard
    6. ···
    8 lawyer answers

    $275 or $325 per class of goods/services for government fees. The rest will depend on your attorney. You can contact me for my fee.

    9 lawyers agreed with this answer

  9. Patent Law Application filing questions.

    Answered over 1 year ago.

    1. Edward D. Robinson
    2. Clark AD Wilson
    3. Maurice N Ross
    4. Igor Shoiket
    5. Michael Alan Shimokaji
    6. ···
    11 lawyer answers

    Unless you have some improvement that is not already known or on sale, your attorney is wrong. The limit for any grace period is a maximum of 12 months from a first publication or sale.

    9 lawyers agreed with this answer

  10. What does trademark status "RECORD INITIALIZED NOT ASSIGNED TO EXAMINER" mean?

    Answered almost 2 years ago.

    1. Clark AD Wilson
    2. James Juo
    3. Maurice N Ross
    4. Philip Leon Marcus
    5. Neal Jonathan Blaher
    6. ···
    6 lawyer answers

    This can mean that the trademark registration application has been filed, but not yet granted or even examined. As a result, this application is likely still pending. So, the letter writer cannot enforce its trademark rights as a federal registration holder, but might be able to enforce common law rights if they are using the mark in commerce. Further, even if they were using it in commerce, you would need to determine the scope (i.e., geographic) of their use to see if your use was...

    7 lawyers agreed with this answer