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I would like to start a fashion line and there is a phrase I would like to use, do I have to trademark this?
Dariush's answer
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Answered on June 22, 2014
Short Answer: No
Trademark rights in the U.S. are created by use, NOT by registration. Having said that, registration does provide certain...
Archived
What can I do to prevent anyone from going around my patent on my idea; and create their own versions.
Dariush's answer
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Answered on June 22, 2014
Short Answer: You need broad patent claims
The claims of a patent are the patent owner's legal property rights. When a patent owner seeks to...
Archived
Do I need a new use patent for a process I already own the patent on?
Dariush's answer
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Answered on June 21, 2014
Short Answer: Probably yes.
I have addressed this question before. In general, a new use of an existing product or process is eligible for a...
Archived
Do I need patent/copyright/license to package existing products & market them as a new product?
Dariush's answer
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Answered on June 21, 2014
Short Answer: it depends.
The key to your question is identifying any intellectual property (patent, trademark, copyright) rights or related...
Archived
Provisional Patent App 1 year is over - what do I do now?
Dariush's answer
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Answered on June 19, 2014
Short Answered: Yes, you are screwed.
You had one year to file a regular patent application based off of your provisional patent application....
Archived
PCT - Software development - no inventive claim - description does not meet requirements.
Dariush's answer
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Answered on June 18, 2014
Short Answer: I agree with attorney Ballard.
I strongly advise you to consult with a patent attorney. I have NEVER seen an inventor...
How do I get around this overly broad Intellectual Property agreement I originally signed with my employer upon employment? (MD)
Dariush's answer
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Answered on June 17, 2014
Short Answer: You can try to renegotiate or try to avoid it.
This is typical of language included in many employment agreements that relate to...
Archived
Trademark infringement on geographical names
Dariush's answer
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Answered on June 15, 2014
Short Answer: Yes, it likely would.
You need to consult with a trademark attorney who will be to advise you of your rights and options under...
Archived
Is there an optimal time to file for a trademark so it can be processed faster by the USPTO?
Dariush's answer
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Answered on June 15, 2014
Short Answer: No
There is no "optimal" time for filing a trademark application. Also, it is very unlikely that you can get a trademark...
Archived
How should I reference my original PPA in a newer PPA?
Dariush's answer
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Answered on June 14, 2014
Short Answer: It can't be done, but...
A provisional patent application can't reference another provisional patent application. However, you...