SHOULD I DO A PATENT SEARCH?

Posted by Shimokaji IP | Sep 26, 2019 | 0 Comments

QUESTION: I am in the process of developing a product. There are a couple similar products out there but mine will have a few minor changes to the design. Wondering if I need to do a patent search if there are already competitors in the space. Can I do it on my own? If not, what would an attorney...

IS TRADEMARK REGISTRATION NEEDED TO PROTECT A NAME?

Posted by Shimokaji IP | Sep 19, 2019 | 0 Comments

QUESTION: Are you required to file a trademark to protect a name? If I start using a name for a product in commerce, does that give me any protection? Or is the only way to protect the name to file a formal trademark application? ANSWER: No. You have trademark rights upon using the name, such as...

HOW TO REGISTER TRADEMARK

Posted by Michael Shimokaji | Aug 30, 2019 | 0 Comments

QUESTION: How do I go about trademarking my logo on a federal level?I am looking to trademark my husband and I's our logo for our start up company. I don't want to promote our work with out doing that first. I'm just not to sure how I should start this process. ANSWER: A starting point may be to...

WORLDWIDE PATENT?

Posted by Michael Shimokaji | Aug 15, 2019 | 0 Comments

QUESTION: How to be covered by patent worldwide How can I protect my product by patent worldwide? ANSWER: Unfortunately, there is no single patent application that can be filed and provide worldwide protection. There is a filing mechanism, called the PCT, which allows you to file a single appli...

WHAT PATENT DAMAGES CAN I COLLECT

Posted by Michael Shimokaji | Aug 15, 2019 | 0 Comments

QUESTION: Can I sue patent infringement for past damage? I have my own design product and I just found out someone is stealing my idea and sell my idea online. Now my Patent is pending status. I understand that I cant sue them right now , but can I sue patent infringement for past damage them ca...

DOES NARROW PATENT BLOCK BROAD PATENT?

Posted by Michael Shimokaji | Aug 09, 2019 | 0 Comments

QUESTION: Does a patented limited invention prevent a broader invention from being patented? If I have an IP that is much broader than an IP already patented by someone else, can I patent mine? I'll give you a rough, but clear example. If Newton patented his energy formula E=mv^2 /2, and Einstei...

FILE PATENT APPLICATION AFTER PUBLIC MARKETING

Posted by Michael Shimokaji | Aug 01, 2019 | 0 Comments

QUESTION: Can I file for the patent after I made the product/invention public on the market? I have a patentable invention but I would like to test/validate it on the market first if there is any demand for my product. It's a physical product for men who shave and have sensitive skin. Can I file ...

WHAT IS TRADEMARK “USE IN COMMERCE”

Posted by Michael Shimokaji | Jul 29, 2019 | 0 Comments

QUESTION: Does use in commerce mean that I actually have to have sales? I have a trademark registration that is nearly 5 years old. My product has been available for sale online the entire time. Unfortunately the product is expensive and I have not made any actual sales. Does this mean that my m...

TRADEMARK INFRINGEMENT IN DIFFERENT CLASS OF GOODS

Posted by Michael Shimokaji | Jul 23, 2019 | 0 Comments

QUESTION: Can I file trademark infringement for a competitor in a different class? My trademark attorney messed up, and filed our trademark as ‘Business services featuring ethical clothing' instead of simply ‘ethical clothing' (trademark class 35 instead of 25). A new brand just formed with the ...

REFILE PATENT APPLICATION

Posted by Michael Shimokaji | Jul 19, 2019 | 0 Comments

QUESTION: Is it possible to tweak utility patent and refile a new patent around the concept after the original patent expires? My patent is expiring in two years. I'm still trying to build a business and/or license it. Is it possible to tweak utility patent and refile a new patent around the con...

WHEN TO REGISTER YOUR BRAND

Posted by Michael Shimokaji | Jul 12, 2019 | 0 Comments

QUESTION: When is the best time to register your Brand name and trademark? Our company is going to launch a mobile app very soon. When is the best time to register a brand name for the app to protect it and is there some kind of intermediate stage like register “Doing Business As”? ANSWER: Soon...

MULTIPLE PATENTS FOR “SAME” INVENTION

Posted by Michael Shimokaji | Jul 12, 2019 | 0 Comments

QUESTION: What good is a patent, when apple has several patents on a phone, yet there are several phone's just like theirs? I'm trying to write provisional patent application. Looking through several patents, don't find anything exactly like what I'm doing, but in some patents I see mention of w...

QUICK PATENT FILING TO PREVENT COPYING

Posted by Michael Shimokaji | Jul 07, 2019 | 0 Comments

QUESTION: Can I rush and file this patent in US to prevent the US company from copying it? I recently shared an idea and developed a machine with an oversea factory, but already delivered the machine to a US company per their request (they paid for the machine but not the design). Can I still fi...

MANUFACTURING IN FOREIGN COUNTRY

Posted by Michael Shimokaji | Jun 26, 2019 | 0 Comments

QUESTION: Product that I have patented in USA can I manufacture in other country that is not signatory of international patent treaty? I Have a patent and it is assigned to may company I work for now. I want to resign and open company in another country that my patent was not patented nor the co...

PATENT PRIOR ART

Posted by Michael Shimokaji | Jun 03, 2019 | 0 Comments

QUESTION: Patent Prior Art Question? If I have an invention for which the examiner has cited examples of prior art that could be combined to form my invention, but such prior art has all been around for 20 years and yet no one has combined them to form my invention, can a successful argument be ...

PREVENT STEALING OF PROVISIONAL IDEA

Posted by Michael Shimokaji | May 28, 2019 | 0 Comments

QUESTION: How can we prevent manufacturer from making/selling our product behind our back while we have Provisional patent? I am about to reach out to a couple of manufacturers to make my product to sell, but I am unsure about their ethical conduct. And if I reach out to them before I have a Pro...

SEARCH FOR COMMON LAW TRADEMARKS

Posted by Michael Shimokaji | May 22, 2019 | 0 Comments

QUESTION: How do you conduct a common law (not USPTO) search for tagline that want to trademark? Hi there – I work at a Financial Services company and have been asked by to research what's involved with trademarking a tagline. I already know that in order to qualify for trademark status, the tag...

SAME IDEA, DIFFERENT WAY

Posted by Michael Shimokaji | May 19, 2019 | 0 Comments

QUESTION: Idea for which a patent already exist? I thought of an idea and worked to make it happen. When I was thinking about patenting it, I found out that it already exist. I have put a lot of hard work and money in to this idea. The technology behind it is different though. Is there anyway I ...

FILING PATENT OVERSEAS

Posted by Michael Shimokaji | May 19, 2019 | 0 Comments

QUESTION: Filing patent overseas? How does a company file patents after they have invested into a company and product that the current inventor only filed for in the usa. For instance i patent a product and place that product within a company.and then choose to leave that company and sell my equ...

LIMIT OF DESIGN PATENT PROTECTION

Posted by Michael Shimokaji | May 15, 2019 | 0 Comments

QUESTION: What is the limit of protection from a design patent? For example, if you design an office waste basket in the shape of a bird, and have this design patented, what can your competitors do legally. Can they still make a similar waste basket if they slightly modify the design of the bird...

SHAPE OF BROWNIE FOR DESIGN PATENT

Posted by Michael Shimokaji | May 13, 2019 | 0 Comments

QUESTION: Hi, is it possible to get a design patent on something like ???a multivitamin in the form of a brownie???? Is it possible, to get a design patent for something described as ???a multivitamin in the form of a brownie???? Or would you have to be much more specific? Also I assume you coul...

ASSIGNMENT OF INVENTION TO EMPLOYER

Posted by Michael Shimokaji | May 09, 2019 | 0 Comments

QUESTION: How can I clear up an Assignment of Invention contract with a future employer? I am currently reviewing a Non-Disclosure & Developments agreement that says: ” . . . [any Developments made during the Employment Period] that (i) relates to the business of the Company or any of the produc...

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