Archived
If software patent is difficult but why MSFT, GOOGLE, QCOM, and more file so many and their business are well protected?
Walter's answer
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Answered on June 17, 2018
For a graphical user interface, related to computer software, you may want to file for a design patent application that relates to the appearance...
Archived
Can we take a trademarked design and cover it up?
Walter's answer
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Answered on June 17, 2018
Generally, when you take a product and cover the trademark, with your own trademark, and sell the modified product, you may be sued for reverse...
Archived
Can someone trademark something but not use that trademark?
Walter's answer
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Answered on June 16, 2018
Trademark rights are based on use.
Theoretically, if someone never uses a trademark, then they would never have trademark rights.
A...
Am I able to resell clothing I bought at thrift stores if I completely redesign them?
Walter's answer
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Answered on June 16, 2018
If you use the prior clothing as merely raw material, and truly completely redesign them, and there is no indication of prior trademarks, then...
Archived
Should I trademark my book title?
Walter's answer
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Answered on June 16, 2018
Generally a title of a single work may be refused U.S. trademark registration by the USPTO.
However, you may obtain a U.S. trademark...
Can my company use training materials an employee brings from another job as a reference?
Walter's answer
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Answered on June 16, 2018
Copyright includes the exclusive right to prepare derivative works based on the copyrighted work, and there may be a concern here that you would be...
Archived
Affordable software patent lawyer for individual in San Diego?
Walter's answer
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Answered on June 16, 2018
Generally, it can be difficult to get a computer software related patent because the USPTO may reject it as being too "abstract", depending on the...
Archived
Can I use a TM that is part of a registered TM?
Walter's answer
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Answered on June 15, 2018
Generally, if you use in commerce a confusingly similar name for similar goods/services as an existing U.S. registered trademark you may be liable...
Archived
Can a Logo be Copyrighted? -- I'm the designer; so, I'm asking about a copyright, not a trademark.
Walter's answer
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Answered on June 15, 2018
Assuming, for example, that the logo is a pictorial work having a modicum of creativity, then a pictorial work can be copyrighted and can be the...
Archived
What is the difference between getting an image from the Internet and putting it on a shoe and getting it tattooed?
Walter's answer
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Answered on June 15, 2018
Copyright includes at least the exclusive right to reproduce the copyrighted work in copies.
If a photo is reproduced on a shoe, without...