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For USPTO Trademark Cancellation Petition procedure, how and in what phase should I submit the evidence?
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Answered on December 21, 2012
Trademark Cancellation proceedings are akin to mini-litigation trials. As a result, there is a significant amount of strategy and complexity in...
Archived
To register a trademark for a phrase, do I need a subject/noun in the phrase?
Clark's answer
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Answered on December 20, 2012
Trademark rights (registered and unregistered) are based on how they are used in commerce. So, your answer is determined based on how you will use...
Archived
Can a patent attorney/agent give you advice about an idea you trying to patent?
Clark's answer
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Answered on December 20, 2012
Not sure I am clear what you are asking. If by "realistic" you mean if/how the idea is physically possible, then, yes, a patent attorney can...
Archived
How to Enforce a State Trademark & Write A Trademark Cease And Desist Letter?
Clark's answer
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Answered on December 10, 2012
You should have a lawyer investigate your rights before sending demand letters. You might get dragged into a declaratory judgment lawsuit or find...
Can I get trademark protection for a famous surname of a dead inventor? Newtonian Technologies or Einsteinian Technologies?
Clark's answer
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Answered on December 06, 2012
Maybe.
Typically, surnames are not registrable. However, a term with surname significance may not be primarily merely a surname if that term also...
Archived
If I register a Trademark with a name for a game and another, smaller company used the name for their game, can I be sued?
Clark's answer
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Answered on December 03, 2012
Yes.
Even if you are able to be somehow granted a registration for such trademark, this "smaller pre-existing company" would arguably have...
Archived
I want a standard character TM for a new business name. Can 1 app cover 2 similar spellings? (-y and -ie) - or are 2 apps req'd
Clark's answer
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Answered on December 03, 2012
Consistent use of a trademark is a common strategy for increasing brand awareness and strength. As a result, you will typically only use one...
Archived
I am designing a teeshirt. I would like to use the phrase Dr.Pepper and Mr. Hyde in the design. The Dr. Pepper is not the logo
Clark's answer
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Answered on November 30, 2012
You would be wise to not start production before consulting with a trademark attorney. Trademark infringement can arguably occur even if you don't...
Archived
Boolean and/or, or or or and, or not, and .. but not, etc., etc.
Clark's answer
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Answered on November 30, 2012
There is no one silver bullet answer for this. It will really depend upon what your invention is, what your product is and what the USPTO let's...
Archived
Can I sell a product legally that has patent pending?
Clark's answer
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Answered on November 26, 2012
If they simply are patent pending, they cannot yet assert any rights against you. But, since you can see their patent application, I assume it is...
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