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Timothy James Ziolkowski

Timothy Ziolkowski’s Answers

7 total

  • An attorney has said that he will represent me in a common law trademark infringement

    case. First of all he filed a trademark application to the USPTO for me which has been rejected twice. He says he can get it through the USPTO with the third try. Then he said he can represent me in a "common" law lawsuit against someone. He s...

    Timothy’s Answer

    Just as I wouldn't go to a podiatrist for heart surgery, I wouldn't use a family/divorce attorney for a trademark lawsuit, but maybe that's just me.

    It's not that hard to find a trademark attorney. Besides searching trademark attorney, try Searching intellectual property attorney.

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  • How do I get a patent

    Tell me

    Timothy’s Answer

    Go to Google patents and download one.

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  • Is it advised to submit my own provisional patent application?

    I have read - and had conversation with attorneys that doing a provisional application (vs. utility) is ok to do yourself. Also doing it personally could save costs with micro identity. Is it true that provisional is more like a "bookmark" and d...

    Timothy’s Answer

    Your obtaining some good advise from the others on this forum. However, you should be very leery of working with any of the attorneys that told you that its a good idea to do your own provisional. This is very basic patent 101. If you truly believe that you need the priority date of the provisional for your non-provisional, you need to realize that you cannot add new matter to the non-provisional. It needs to fully support your later claimed invention. Any new matter will NOT benefit from the earlier priority date and can jeopardize the value of any issued patent. Think of it as building a new house and you decide to dig the hole, pour the footings, and essentially construct the foundation yourself, then you go and hire a builder to build the house of your dreams, on top of your do-it-yourself foundation. If the house starts shifting, cracking, and falls down after the first winter, you'll have only one person to blame.

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  • The FTC announced 2 contests that would violate my pending patent, if it were granted. What are my legal options?

    Last year I filed a PPA for a "Method for Preemptively Blocking Unsolicited Calls". I am actively working on refining my method and raising capital to move into production. It is my intention to file for a utility patent based on my PPA and my pri...

    Timothy’s Answer

    In addition to all the other good advise given, your scenario is a good example for everyone who is thinking about filing a PPA and then "actively working on refining my method", as you state. Your PPA only provides a priority date for what is in the PPA. If you add new matter to a non-provisional, you will have a new priority date for that new matter -- ie the date you file the NP. So, you may have jeopardized your rights if you disclosed some of the new matter to the FTC in that ill-advised communication to them. So yeah, you probably should find a patent attorney if you want to protect any invention you have left.

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  • We came up with an invention, sold some, then someone filed a patent a few months before we did after seeing out invention.

    We came up with an invention. Got it manufactured and sold some in early 2012 (not sure of date, but can find out). We think, that during this time someone who is skilled/familiar with the patent process saw our invention and filed for a patent on...

    Timothy’s Answer

    There is one important caveat to the other answers you have received. In general, such an application will only be afforded pre-AIA first-to-invent status if you did not add any new matter to your provisional when you filed your non-provisional in the post AIA era. If new matter was added, the application will be deemed to be a post AIA filing and CANNOT be the subject of an interference proceeding in the USPTO. Your remedies would be in the court system (where you would have to prove that the other party misappropriated the invention from you). You should hire a patent attorney to review the facts of your specific situation.

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  • How I do get permission to use a Dr.Seuss quote in a Young Adult book about to be published?

    The quote is: "An elephant's faithful one hundred per cent." from Horton Hears a Who.

    Timothy’s Answer

    Such use may very well be excluded from copyright infringement under by what is called the fair use doctrine. This allows one to use small (diminimus) portions of copyrighted materials for limited purposes. It would be advisable to provide credit to the original author and when you do find a publisher, simply raise the issue with them to ensure your use is within the fair use doctrine. Also, do a trademark search to ensure there is no trademark registration for the phrase.

    This response should not be relied upon as legal advice. I am admitted in the State of Wisconsin and before the United States Patent and Trademark Office only. This response does not form an attorney-client relationship. Consult an attorney in your jurisdiction before you take any action on this issue.

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  • Similar names, assume 2 companies share only a few commmon goods and one does much more.

    one company starts doing business as Georgia Silver Exchange and is in business for a few years. Then a new company that only offers one similar service and it uses the name Georgia Silver. Is there an issue?

    Timothy’s Answer

    The first company may have common law trademark rights even if no registration is filed. If there are protectable rights, a single similar service is all it takes for there to be an issue with using the name. A threshold issue to resolve is whether there are any rights to begin with. If a name is simply descriptive of the services and geographic location, then there is likely no rights in the name as a trademark. For example, lets say that GSE exchanges silver in Georgia. The name then is merely descriptive of the service provided in Georgia and would likely have only a low level of protection, if any at all (as a trademark). Common law rights are very state specific so you should check the laws of your state.

    This response should not be relied upon as legal advice. I am admitted in the State of Wisconsin and before the United States Patent and Trademark Office only. This response does not form an attorney-client relationship. Consult an attorney in your jurisdiction before you take any action on this issue.

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