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Is it possible to get attorney fees if a trademark is cancelled for the "public interest" under CCP 1021.5?
Alan's answer
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Answered on November 09, 2015
NO, not unless the court finds the case to be exceptional under the Trademark Act. I suggest that you contact an experienced Trademark litigation...
Archived
Do I need to file another trademark?
Alan's answer
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Answered on November 09, 2015
You will need to file another application for Clothing. The USPTO filing fee is the same as if you added another class to your existing...
Archived
Seeking trademark consultation
Alan's answer
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Answered on November 09, 2015
Yes, many do!
I suggest that you contact an experienced Trademark attorney here on Avvo or from other sources who can advise you in confidence....
Archived
Is it possible to secure a patent /idea for a software application app before it is coded and developed?
Alan's answer
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Answered on November 09, 2015
It takes too long to actually secure a patent. If you hire a software developer, you can use a Non Disclosure Agreement to protect yourself...
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I have a design for sports wear clothing. I am working with someone to create the prototype. Do I need a patent for my design?
Alan's answer
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Answered on November 09, 2015
Unless your design is functionally novel, it probably does not merit a utility patent. However, I have filed utility patents on novel clothing and...
Archived
If a trademark consists of a product name and a graphic and nothing is disclaimed can someone else use the same word portion?
Alan's answer
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Answered on November 09, 2015
Probably not, however, to provide a greater scope of protection, I always suggesting registering the Word mark separately. This would avoid the...
Archived
Am I allowed to use logos of other companies if I am using it in a non harmful, and non financial benefit way?
Alan's answer
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Answered on November 09, 2015
No you are not permitted to use the company's logos without a license. In fact, use of the names may also be prohibited, if there is a likelihood...
Archived
I want to write a vegan cook book. As from what I read its legal to put ingredients and directions only and maybe change i bit.
Alan's answer
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Answered on November 08, 2015
As long as you use your own pictures, your own recipes and your own videos, you will be fine. As soon as you start copying, is where you will get...
Archived
Developed an educational game which uses custom playing cards and rules based off the cards. Is it patentable?
Alan's answer
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Answered on November 08, 2015
Card games can be protected by patent, trademarks and copyright. The so call IP bundle of rights. The novel aspects of the game would be covered...
Archived
I have an idea for a new social network type of program or app and need help on how to get the idea mine and no one else's.
Alan's answer
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Answered on November 08, 2015
Same answer as to your previous post:
The idea, if it is being developed, needs to be protected by a bundle of rights. That means a combination...