A company has an application on "630" status for my wordmark? It was submitted June 20th 2018. Can I still file an application?
David's answer
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Answered on July 05, 2018
If you used your mark, as a mark, before they used or filed, you might win a trademark opposition. Retain a trademark lawyer. You can subscribe...
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Are restaurant names automatically trademarked/copyrighted?
David's answer
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Answered on July 05, 2018
The above answers are good ones. The strength of trademarks varies along a spectrum from coined, arbitrary and suggestive words (diminishing...
Archived
THE NAME ON MY PATENT APPLICATION SHOULD IT?
David's answer
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Answered on July 04, 2018
It's pretty much up to you. The title of a patent application should be clearly indicative of the invention to which the claims are ...
Do I contact the photographer for permission to use a particular image or the estate of the dead celebrity?
David's answer
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Answered on July 04, 2018
It could be both, but chances are that the estate has authority to grant permission, and may have acquired rights to the photo. The photo would be...
Archived
I would like to start a holding company in the state of Oregon; what should I do?
David's answer
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Answered on July 04, 2018
Reading justhe Wikipedia definition of holding company itsud like an unduly Cole model for a start up. A accountant or lawyer could advise on the...
Can can I trademark two different names for the same product??
David's answer
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Answered on July 03, 2018
There could be two trademarks on a product, like Chevrolet Corvette. It doesn't have much to do with patents and you should be sure you know about...
Archived
If if I trademark the name of a product, can a different company trademark a different name to the same product?
David's answer
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Answered on July 03, 2018
The answer is "yes, as long as the different name is not so similar that there is a likelihood of confusion. " But your use of "trademark the name"...
Archived
My trademark is being used in a very similar way. What can I do?
David's answer
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Answered on July 03, 2018
Your next action should be to retain a lawyer.
Archived
What are the chances of the infringer filling a lawsuit against me, after i send a DMCA notice, has it happened before?
David's answer
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Answered on July 03, 2018
The above answers are good ones. Get the registration and it will enhance your ability to enforce your rights. No one can quantify the "chances."...
Archived
Ownership of digital edits?
David's answer
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Answered on July 03, 2018
If your editing has sufficient originality to be copyrightable, then in the absence of an agreement, you own the edits. It might be better to have...
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