I read that about 1/2 of all trademark applications get denied. That’s an awful lot. What is the most common reasons for denial?
Walter's answer
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Answered on February 19, 2021
Generally, U.S. trademark applications may be refused, at least, based on an applied for trademark being confusingly similar with a prior existing...
What is the likelihood of trademark infringement in two similar names but not quite similar?
Walter's answer
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Answered on February 19, 2021
Generally, there are various factors which are used to determine likelihood of confusion, which may vary depending on jurisdiction, below is a link...
Can I use an acronym for a copyright trademark without copyrighting that acronym?
Walter's answer
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Answered on February 11, 2021
Generally, if one wants to indicate that an acronym is a registered trademark, one would have to, at least, apply for the acronym (not the full...
Archived
If I don't copyright a novel and someone else registers the copyright and writes the same story afterward, who has its rights?
Walter's answer
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Answered on February 11, 2021
Generally, copyright occurs when a work having a modicum of creativity is fixed in a tangible medium of expression.
So if you wrote a novel,...
Can I trademark the word Dynasty?
Walter's answer
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Answered on February 11, 2021
Generally, if you want to file a U.S. trademark application to obtain a U.S. trademark registration, you would typically need to specify the...
Archived
Patent infringement?
Walter's answer
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Answered on February 11, 2021
Generally, one would need to review in detail, at least, the patent and prosecution history, and the alleged infringing product.
You should...
Archived
Trademark vs domain issue
Walter's answer
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Answered on January 15, 2021
Generally, it is possible for someone to have common law trademark rights, in for example a particular geographic area, without a trademark...
Is the process for cancellation of a mark on the supplementary register the same as for a the Principal register?
Walter's answer
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Answered on January 14, 2021
See:
https://tmep.uspto.gov/RDMS/TBMP/print?version=current&href=sec-47dfb30b-ea3d-4da9-a003-40b0d288872f.html
,regarding petition to cancel...
Provisional Rights for a PCT patent application?
Walter's answer
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Answered on January 13, 2021
Generally, it may be possible to have a claim published in a published patent application under 35 U.S.C. 154(d)(2), which may later be canceled in...
My patent application was rejected due to a generic abstract. What can I do?
Walter's answer
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Answered on January 13, 2021
Generally, how to respond to a rejection under 35 U.S.C. 103 (obviousness) depends on the specific case.
It is important, at least, to review...