PATENT A DESIGN

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

QUESTION: Can you patent a design of a truck? We are a aftermarket automotive design company that offer flared fenders and truck bedsides, we want to patent a design so our competition doesn't copy our parts, which they have done in the past. My main question cal we do it? ANSWER: Yes, if the d...

HOW TO CORRECT LIST OF INVENTORS

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

QUESTION: How can I correctly petition with the USPTO my right to be a named co-inventor on a patent that just issued? I have been the co-inventor of dozens of patents related to ceiling storage devices. I am the founder of HyLoft and we had some 20+ patents; utility and design issued over a 8 y...

CONVERT IDEA TO PRODUCT

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

QUESTION: How to turn an idea into a product? I have an idea for a product that is currently not found on the market. Great, right? Except, I have no idea where to start! I've read numerous articles online and so far I believe the route I would want to take would be to obtain a Provisional Paten...

PATENT OLD THING FOR NEW USE

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

QUESTION: Can I patent an alternate use for an OTC medication? I don't want to go into too much detail but, I used and OTC medication for one issue as intended and it had other more purposeful use in treating something else. I know its vague but can you possibly patent it? ANSWER: Yes, if the u...

SIMULTANEOUS UTILITY AND DESIGN PATENTS

Posted by Michael Shimokaji | Mar 18, 2019 | 0 Comments

QUESTION: Should design and utility applications be submitted simultaneously? I have an invention that may support utility and design claims. Must I Pursue both patents simultaneously. Or can I apply at different times. ANSWER: If you eventually want to have design and utility patents on the sa...

HOW TO FIND A PATENT ATTORNEY

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

QUESTION: What's a good strategy to search, find and pick the right attorney for me among hundreds if not thousands of attorneys in LA? I am looking for a patent attorney to research and file a design patent. ANSWER: If you cannot obtain a referral to a patent attorney from someone you trust, t...

USING TRADEMARKS IN SEARCH TAGS

Posted by Michael Shimokaji | Jan 21, 2019 | 0 Comments

QUESTION: Using trademarked words in search tags? I design and make shirts & totes & other crafts, and sell these on Etsy. I would never use logos or trademarked names in my products or product titles, however, I do have a question about search tags. Etsy allows sellers to tag their items with s...

TRADEMARKS IN FOREIGN COUNTRIES

Posted by Michael Shimokaji | Jan 21, 2019 | 0 Comments

QUESTION: Can I use a trademarked word that's registered in the UK, but not in the USA? Does that trademark apply to the US at all. I want to revive a dead community website, I own the domain but upon further research I noticed the word mythros is trademarked in the United Kingdom. However, it's...

WHEN TO REGISTER YOUR TRADEMARK

Posted by Michael Shimokaji | Dec 15, 2018 | 0 Comments

QUESTION: When do I trademark, before or after I begin to establish my brand? I checked USPTO's TESS, and the name I'd like to trademark for my brand is available. Should I start the trademarking process now, while still in the planning phases of my business, or would my application be more succ...

TRADEMARK REGISTRATION FOR DIFFERENT GOODS

Posted by Michael Shimokaji | Dec 09, 2018 | 0 Comments

QUESTION: I have a registered trademark in one class. If I want to register the same name in an additional class what am I required to do? My trademark is in 037 and I want to add a related product class or maybe an education class to that same registered name. By the way, I just renewed my 8 & 9...

Trademark Confusion/Protection in Different States

Posted by Michael Shimokaji | Nov 11, 2018 | 0 Comments

QUESTION: Can another business in another state use my trademarked business name? I have a business in VA with a trademarked name. I just discovered another business in TX using the same name. My business started out doing what they???re currently doing, but has since evolved. Their business doe...

DISPOSAL OF GOODS AFTER CEASE & DESIST

Posted by Michael Shimokaji | Oct 30, 2018 | 0 Comments

QUESTION: Cease and desist letter, what can we do with the merchandise? We create and sell card games. Recently we received a cease and desist letter for trademark infringement on one of the games. We did stop selling the item, but what can be done with the merchandise on hand. Can we donate the...

Infringing Products on Amazon

Posted by Michael Shimokaji | Oct 22, 2018 | 0 Comments

QUESTION: A dispute over patented product being sold on Amazon. I'm having a dispute over patented product being sold on the internet (Amazon. com) It's a sports accessory. My competitor has a pending patent application and asked me to discontinue selling the product. I would like to sell out my ...

How To Fix Abandoned Patent Application

Posted by Michael Shimokaji | Sep 23, 2018 | 0 Comments

QUESTION: What does it mean when a utility patent application is abandoned ? I filed a utility patent application by a lawyer. he did the job and even he sent me the receipt ( USPTO OFFICE ) of filing the app. but after a while the law firm of my lawyer closed and then my lawyer told me that my ...

WHEN IS IT SAFE TO DISCLOSE INVENTION?

Posted by Michael Shimokaji | Sep 09, 2018 | 0 Comments

QUESTION: Can you tell the details about your product after you file for a provisional patent? At what point is it okay to tell the general public about your invention? Is it okay after the provisional patent? ANSWER: Yes, you can disclose the details after you file your provisional. However, a ...

What is Protected By a Trademark?

Posted by Michael Shimokaji | Jul 11, 2018 | 0 Comments

QUESTION: What is protected under a trademark? If I Trademark the name BajaCharms which is my Etsy shop – the name BajaCharms is protected, what about the shop itself and its contents? Are my designs protected under the Trademark? ANSWER: A trademark can protect your name “BajaCharms”. But it wi...

USING ANOTHER’S LOGO

Posted by Michael Shimokaji | Jun 23, 2018 | 0 Comments

QUESTION: Can I use customers logos in marketing? We have software that we sell to companies. A few of our larger customers are franchise holders for some large name brands. Can we use there logos in our marketing videos promoting that they are customers? ANSWER: Yes, if you have permission from...

Register TM in US, Even if Registered Abroad

Posted by Michael Shimokaji | Jun 23, 2018 | 0 Comments

QUESTION: Do i have to re-register the logo,trademark, copyrights for buying USA rights from one Indian Company? ANSWER: Yes, if you want to enforce your trademark rights in the US. Trademark rights in a foreign country, such as India, are only enforceable in the foreign country. ...

Can You Register a Descriptive Mark?

Posted by Michael Shimokaji | Feb 09, 2018 | 0 Comments

QUESTION: Can you trademark “Adjective + Subject” type wordmarks? I'm considering starting a cosmetics company, and are looking into names, e.g. Creative Cosmetics, Captivating Cosmetics or some other adjective + cosmetics name. Are these kinds of Adjective + Subject names (if available) likely ...

Enforce Trademark Even Though Not Registered?

Posted by Michael Shimokaji | Jan 19, 2018 | 0 Comments

QUESTION: Can I enforce a trademark infringement if I have not registered my trademark? I created an item that I sell. Recently, I discovered someone has copied my item. I created the design, mark, and text. This person is claiming their item is the original and mine is fake. ANSWER: Yes. If you...

China and Other Foreign Patents

Posted by Michael Shimokaji | Jan 12, 2018 | 0 Comments

QUESTION: We have a patent in China but did not make the PTC within 12 months. We got a utility patent in China in 2015 for our invention. However before all test where done we did not make the deadline of the 12 months to go for a PTC. Now we made modifications to our invention that is a signif...

What Does the Word “Comprises” Mean in a Patent

Posted by Michael Shimokaji | Jan 07, 2018 | 0 Comments

QUESTION: In a patent application, does “comprises a pulley” protect against multiple pulleys? In the claim section, e.g. a device comprises A, B, and a pulley which is mounted on… In the spec section: In an embodiment, the device has A, B, and 1 pulley, however, in another embodiment, the device...

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