Is it illegal to buy clothes from the store, export them out of the country and resell them for profit?
Gerry's answer
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Answered on January 20, 2013
I was honored to be recommended in the answer to your question by my learned colleague Bruce Burdick.
Bruce correctly identifies the legal...
Archived
What are some common reasons (e.g. making a claim that the product does something within a trademark "slogan"?) for TM denial?
Gerry's answer
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Answered on January 17, 2013
First, the proposed trademark, as applied to the goods or services recited in the application, must not be similar enough to an already-registered...
Archived
Can I patent a product of mine which is a case packed with a variety products?
Gerry's answer
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Answered on January 13, 2013
Until the Supreme Court decided the Bilski case in June 2010, an inventive card game was patent-eligible subject matter. I had helped a client...
Archived
My husband has written poems for years, now we have one we are wanting to get trademark on the phase.
Gerry's answer
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Answered on January 13, 2013
I happen to be a proponent of registering as trademarks certain phrases. For example, our law firm, Elman Technology Law, PC, has registered...
Archived
Can you write a provisional patent application then later file two non provisional patent applications referencing it?
Gerry's answer
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Answered on January 12, 2013
Yes.
Archived
Trademark help
Gerry's answer
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Answered on January 12, 2013
Bruce Burdick is top drawer.
If this word "BARBER" is trademarked
And I want to use B.A.R.B.A will the examiner consider the names to close
Gerry's answer
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Answered on January 12, 2013
"TRADEMARK" is not a verb. I surmise you mean that a business has registered the trademark BARBER (in standard characters rather than stylized...
Archived
Can I sue somebody who infringed on my patent and marketing his product in the States, but living abroad?
Gerry's answer
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Answered on January 04, 2013
Yes. However your lawyer might have to jump through some hoops to get service of process abroad.
Archived
Do I infringe on patent rights if I develop a device that produces the same end product but has a different way of executing it.
Gerry's answer
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Answered on January 02, 2013
You are asking a question that goes to the heart of what a PATENT is. As Attorney Juo correctly responded, it depends on what the patent's claims...
Archived
I would like to register a trademark. Per the USPTO site, it has been adandoned and is "Dead." Can I register the trademark now?
Gerry's answer
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Answered on December 28, 2012
If a trademark has actually been "abandoned" by its former user, then the product isn't being shipped any more and the user doesn't intend to...
