Archived
Is it legal to brand a fashion publication as "XXXXX Vogue", knowing that there is a famous publication for fashion named Vogue?
Norton's answer
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Answered on September 16, 2013
You really need to consult with a trademark attorney about this. I cannot really answer your question in this forum but I can give you some...
Archived
What are the real differences for the USPTO between unobvious and novel? Isn't the standard of measurement the same?
Norton's answer
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Answered on September 15, 2013
No. These criteria are nowhere near the same. To put it simply, novelty means that no one has ever described an invention exactly the same as...
Archived
Someone has a trademark on the word I want but they have it in the category of clothing. I want to register the same name
Norton's answer
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Answered on September 14, 2013
Probably not. This is because the USPTO adheres to a "zone of expansion" theory. They might refuse to register your mark because it is...
Archived
General reasons for a petition for an earlier filing date in regards to a non-provisional patent application would be approved?
Norton's answer
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Answered on September 13, 2013
The USPTO will never approve a petition to change a filing date! I had a client who tried to do this (actually he wanted a later filing date) and...
How can I find the patent examiner and a way to contact them for a pending US patent application? I have the application number.
Norton's answer
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Answered on September 12, 2013
If the patent application has been published you should be able to find the patent prosecution history file on line. I have provided a link...
How can I use a football team logo on a t-shirt?
Norton's answer
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Answered on September 11, 2013
You cannot put any part of a team logo on anything without getting a license.
If a company claims their product is patent protected, do they need to show the patent number?
Norton's answer
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Answered on September 10, 2013
If a product is patented and you produce something similar you could be sued for patent infringement. You will need to hire a patent attorney to...
Archived
If my formula for a hygiene product is similar to one that is already patented with a few ingredients being different....
Norton's answer
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Answered on September 09, 2013
Question 1 - Possibly. To answer this question requires a detailed analysis of many factors and comparison of the formula to the claims of the...
Archived
How do I get royalties from my idea submitted to ISC for a patent/ production?
Norton's answer
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Answered on September 09, 2013
1."Raw" ideas are not patentable at all. Apparatuses and methods for implementing an idea are patentable. Such apparatuses and methods not...
Archived
Am I entitled to financial compensation if my business marketing materials, concepts and ideas were plagiarized?
Norton's answer
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Answered on September 09, 2013
Sounds like you have a good case for a copyright infringement lawsuit. The first step could be a cease and desist letter with a demand for...
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