I have opened an LLC in NJ and found out, there is a company in FL that has the same name. Am I in trouble ?
William's answer
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Answered on August 26, 2016
It depends.
Although the Supreme Court sets forth eight factors for determining whether a likelihood of confusion exists, the most important of...
Can I register a trademark to my comic book characters (Including their names.) & to the titles of my comic books?
William's answer
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Answered on August 26, 2016
As others have noted, you have both copyright and trademark issues. Copyright protects the expression of an idea. Trademark protects the name,...
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Filing a trademark application
William's answer
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Answered on August 23, 2016
No. College mentoring appears to be a generic name for a service. Allowing such a term to be registered would prevent others from describing the...
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How can I determine if my idea is patentable or not?
William's answer
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Answered on August 23, 2016
Unless an invention is particularly complicated, an idea of whether the invention is proper sobject matter for a patent can likely be provided very...
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Trademark domain name infringement
William's answer
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Answered on August 23, 2016
There is no liability for having a domain name that is similar to another domain name, unless the other domain name is also a trademark.
Use of...
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For a patent application, can Time extension be filed after 3 month reply period of final action from USPTO?
William's answer
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Answered on August 19, 2016
Yes, you remember correctly. Since this is a final rejection, the deadline continues in effect until you receive a notice of allowance, file a...
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Can you patent mobile app idea?
William's answer
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Answered on August 19, 2016
It depends.
The scope of patentable software has been scaled back in recent years, but software remains patentable, and some signs indicate that...
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Can I mention or refer to "Mario" or "Super Mario" in a promotion for my app?
William's answer
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Answered on August 18, 2016
I would proceed carefully, given the potential for both trademark and copyright issues.
You can use a trademark owned by someone else to...
Can I amend my intent to use trademark application to show a different owner before getting a notice of allowance?
William's answer
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Answered on August 18, 2016
Both applications can be assigned to the company you wish to own them, provided that this is the company that will actually use the trademarks. ...
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Can I name a band after a permanently closed business?
William's answer
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Answered on August 16, 2016
As a general rule, nonuse of a trademark for three years creates a presumption of abandonment. Depending on when the arcade closed, your biggest...