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Jill Gilbert Welytok

Jill Welytok’s Answers

8 total

  • For a trademark registration, is the effective date the date of registration, or the filing date?

    I want to know when the trademark registration is protected and recognised from so that I can compare this to a competitors use of a similar mark at a certain point last year. this is for a federal trademark at the USPTO. Filing Date was : 2009...

    Jill’s Answer

    You can find out the date of claimed first use on the USPTO website at by looking at the file history under tdr.

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  • Business payroll taxes dispute.

    A friend and myself took a consulting firm. It was in dire stage for money. I started to run from 3rd qtr of 2005 and ran it till dec 2007. The deal was, I never paid payroll taxes during that time. used that money to improve business. My friend t...

    Jill’s Answer

    Payroll tax is an obligation imposed on the owners of a business regardless of their personal salary; it is calculated based on total liablity for all employees.

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  • Proving abandonment of common-law trademark

    subject: defense of common law infringement claim. i am using a mark on metal part that has been alleged to infringe on another's mark. Their mark is a single letter within a simple enclosure. Mine is arguably similar... I understand that the qu...

    Jill’s Answer

    The relevant issue to abandonment is is intentional acts, not specific innaction as assessed by an outsider.

    If they are alleging infringment now, it indicates an intent to defend.

    Have you tried negotiating with the company? Do they make a product similar or identical to yours?

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  • Is an online forum about a game a form of copyright infringement?

    I have created an online forum for players to discuss a newly released game; the creators of the game are linking to my site, but is this copyright infringement? Is it infringement to make and sell tee-shirts with my forum's name on it, which incl...

    Jill’s Answer

    Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents aqre generally not protected by copyright.

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  • If I said a contract will putting a stop payment on the deposit check terminate the contract under IL state contract law

    I signed a contract with BuyOwner to sell my home on 10/23; the form states you the customer may cancel this trasnaction any time prior to midnite of the third business day after the date of the transaction. I wish to do this but I gave a $320.00 ...

    Jill’s Answer

    Case law and statutory law may vary, and you need to read the contract very carefully.

    A stop payment generally will not expose your to liability for breach of contract if you have no contractual obligation, and you otherwise have a right to cancel the contract.

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  • Procedure for protecting intellectual property of original board game design

    I am a game designer, and I want to make a board game based on the stock market. My game is new, but I found out that the concept is the same as another game, Stock Market Tycoon. If I keep my game COMPLETELY original, as in nothing similar to Sto...

    Jill’s Answer

    Provisional patents are useful and inexpensive, but keep it simple. It may be sufficient to simply file a detailed set of instructions. But you must file within one year of disclosing the game.

    It is a good idea to use the trademark in marketing your game, but bear in mind that if you license it to a company they may change the name to somethign their marketing departement likes.

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  • Where can I find sample completed trademark applications

    Where can I find sample completed trademark applications?

    Jill’s Answer

    There is one in a book I wrote. The book is $10.00 on

    It's called The Entrepreneur's Guide to Patents, Copyrights, Trademarks, Trade Secrets & Licensing (Paperback).

    The application form may be a little dated, but I did indeed think it would be useful to have a completed from when I wrote the book.

    Good luck.

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  • Regarding Patent for existing invention

    I have an idea to improve an existing invention, but have no idea how to go about getting a patent, can someone help me out? Thank you in advance.

    Jill’s Answer

    Indeed a patent may give you legal rights in your idea, but before spending money on a patent, do some research to determine if the patent will ultimately be of value to you. Many people spend money to obtain patents on things they cannot commercialize. Conversly, some inventors with active markets wish they had pursued patent protection.

    A patent may be appropriate if: a) you have the ability to manufacture and produce the product; or b) you can license it to someone who can for a royalty.

    Companies generally do no license raw ideas; they license patent rights. Without significant market research and manufacturing expertise to indicate that your patent rights are of value, companies may be reluctant.

    A provisional patent application is a less expensive application that allows you to explore your market rights, as another attorney explains on this site. I recommend you do your market research first however, before taking even this step.

    Additional caution: Do not disclose your invention to any third party (other than an attorney or co-inventor) without first having them sign a non-disclosure agreement. Disclosure can result in loss of rights to file a patent abroad, and in the U.S., if more than one year has elapsed.

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