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Should I patent both utility and design and by design does it mean each design I make or patent my entire brand?
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Answered on May 15, 2016
Clothing items are generally difficult to patent. In order to get a utility patent for clothing, you need to focus on how the clothing item...
Archived
What is the cost to file a patent application with the WIPO. When does it start protection for our invention in the USA?
Dariush's answer
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Answered on May 15, 2016
Patents are territorial, meaning to get protection in any one country, you need to ultimately register it in that country. Some regions (such as...
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What is the chronological order to file a provisional application in the US, and patent applications in Europe and Asia?
Dariush's answer
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Answered on May 15, 2016
You have one year after filing your provisional application to file regular patent applications in the U.S. and in other countries. At that stage,...
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Whats the cost and expense to register a copyright and what protections does it offer?
Dariush's answer
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Answered on February 23, 2016
You can register your copyright with the Copyright office yourself, although it is preferable to use an attorney to make sure it is done correctly...
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Will I get sued ?
Dariush's answer
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Answered on February 23, 2016
Yes, you may be sued. Whether the lawsuit will have any merit is another question. The standard for trademark infringement is “likelihood of...
Can I still get damages from trademark infringement if the infringer did not make profits and ceased using the mark?
Dariush's answer
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Answered on February 23, 2016
Yes, you can claim "statutory damages" which are damages the law provides that don't require proof of any actual damages suffered by the trademark...
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A compnay just Trademarked our product name (before us) and they sent us Cease and Desist letter. What can we do?
Dariush's answer
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Answered on February 19, 2016
You are in luck. Unlike Patent rights, Trademark rights are acquired by usage and not registration. Registration is merely evidence of the mark...
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What will it cost to handle the procedure of reinstating my utility patent?
Dariush's answer
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Answered on February 19, 2016
As you point out, utility patents are subject to maintenance fees which must be paid to keep an issued patent from going abandoned. These fees are...
If I trademark a word that is in past tense, do I also get protection for the present tense form of that word?
Dariush's answer
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Answered on February 14, 2016
It depends, but the most likely answer is yes. The standard for trademark infringement is “likelihood of confusion.” Therefore the focus of the...
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What is the next step to protecting my recipe?
Dariush's answer
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Answered on February 14, 2016
You are unlikely to be able to get a patent for your recipe. A patent can be obtained on a food or drink item if there is an unusual feature or...