Archived
Can an attorney write a blog article about a company & use the company's name in the article or is this trademark infringement?
Mario's answer
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Answered on May 08, 2013
A trademark must be used in commerce. Commentary about the trademarked product/service is fair use, just it cannot be used to...
TRADEMARKS
CAN YOU USE A PHRASE IN A DIFFERENT FONT AND BE GUILTY OF TRADEMARK INFRINGEMENT?
Mario's answer
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Answered on May 07, 2013
Yes, it would be infringement. Also if the proposed mark sounds alike or looks alike the existing mark, it would be infringement.
The reason...
Archived
How do I get an idea about an invention patented without a lawyer taking my idea?
Mario's answer
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Answered on May 06, 2013
A USPTO registered Patent Attorney, or any admitted attorney for that matter, will be committing professional suicide if violates the very strict...
Archived
I have an idea for an Application & I'd look for an App Builder in oDesk,Elanzer or...
How do I protect my idea?
Mario's answer
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Answered on May 06, 2013
Ideas are not protectable per se, you must reduce the idea to the level of an invention. How do you do that? You draw a flowchart to implement...
Archived
My parents sold their business to another company and that company continues to use the family surname.
Mario's answer
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Answered on May 03, 2013
You may not like to read this, but it really depends. You can sell a business' appurtenances without a trademark, but you cannot sell the...
Archived
Can I register a slogan and/or logo for myself (not for a business)? Example: I would register a slogan and use on biz cards.
Mario's answer
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Answered on May 02, 2013
No, you cannot. A slogan or logo to be registered must be used in interstate commerce, it is not personal in nature. Business cards, or better...
Can i trademark or copyright the name of a sauce i have developed and plan on bringing onto the market?
Mario's answer
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Answered on May 01, 2013
The available IP protection consist of Trademarks and Trade Secrets. The first you register and the second you establish a set of documents and...
Archived
Can a person offer a software product that has been patented by another for free?
Mario's answer
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Answered on April 30, 2013
A patent is a negative right. It gives the patent owner the right to exclude others from the market in any way (making, selling, importing, even...
Can i register an expired trademark?
Mario's answer
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Answered on April 29, 2013
In general yes. For the particulars, contact a TM attorney.
A TM registration may have expired but common law trademark is not limited to...
Archived
Should I patent my dress design before selling?
Mario's answer
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Answered on April 29, 2013
Depends. It depends on whether you intend to start a business with it, or it is just a hobby. IP protection is not cheap, and enforcing it is...
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