Get free answers to your Intellectual Property legal questions from lawyers in your area.
I'm looking to register a patent for my wind turbine invention in the United States. I'm unfamiliar with the patent filing process and types of patents available. Could you guide me on the general steps involved? Additionally, I'm interested in knowing if hiring a patent attorney... View More 
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answered on Jun 30, 2025
For an electromechanical invention like a wind turbine, detailed drawings or detailed photographs of a prototype are very important for preparing the patent application. Generally, you would provide your drawings and notes to a patent agent or patent attorney ("practitioner"), who would... View More
I'm looking to register a patent for my wind turbine invention in the United States. I'm unfamiliar with the patent filing process and types of patents available. Could you guide me on the general steps involved? Additionally, I'm interested in knowing if hiring a patent attorney... View More
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answered on Jun 30, 2025
Mr. Harrison has given an excellent response. I strongly recommend moving forward by hiring an experienced practitioner to draft your patent application. Drafting claims requires specialized expertise, as mistakes can be fatal. Take the time to interview multiple practitioners to find the right fit... View More
I'm looking to register a patent for my wind turbine invention in the United States. I'm unfamiliar with the patent filing process and types of patents available. Could you guide me on the general steps involved? Additionally, I'm interested in knowing if hiring a patent attorney... View More
answered on Jun 30, 2025
You can do prior art searches on your own to get a feeling if there are already patents, most likely, covering your idea.
Before you spend money in getting a patent you should have a solid understanding of the criteria and chances of success.
Having a number of consultations with a... View More
I want to sell a trademark that is registered with the United States Patent and Trademark Office (USPTO). I'm looking for potential buyers, and the trademark is currently in use for a product. What steps should I take to sell it effectively?
answered on Jun 27, 2025
You should hire an attorney who practices in the area of intellectual property law to discuss with you the typical contents of an intellectual property transfer agreement so that you know what types of terms and conditions are common in this type of sale. Market your trademark to potential buyers... View More
I am starting a business called "REDFIN PRINTS" and would like to trademark both the name and the logo, which I designed myself. Can you provide guidance on how to go about this process and what steps I need to take?
answered on Jun 24, 2025
First, have you looked to see if anyone has registered the name REDFIN PRINTS, or something similar? You mention that you want to trademark both the name and logo in Florida, so are you looking for federal registration or do you just want to protect the marks locally? If you're looking for... View More
I would like to know if I can legally trademark "The Maytals" for use in performing and recording. I plan on using this name in commerce, and I am aware that "Toots and the Maytals" is currently registered.
answered on Jun 19, 2025
Registering a trademark for "The Maytals" in connection with performing and recording would might face significant legal obstacles, if there are other trademarks including the word "Maytals".
Even if trademark names are not identical, the USPTO examining attorney will... View More
I have a product that is in the final steps of production. I recently discovered another product that is slightly similar to my design but has not been made public. I am concerned about potential patent infringement or violation of intellectual property rights. I haven't yet conducted a patent... View More
answered on Jun 19, 2025
You need to talk to a patent attorney. If you are in a space where people normally obtain patent protection for innovative products, you may need to do so. Your patent attorney may be able to find a patent filing by your competitor -- but it is very likely that that their patent was filed within... View More
I have created a form of permanent jewelry that involves hand wiring the last link, using handmade links for each piece. This method is unique in creating permanent jewelry from linked jewelry, and as far as I know, it hasn't been done before. I want to know if this is something that can be... View More
answered on Jun 16, 2025
Yes, this is something that could be patented. Yes, patenting is the most suitable form of intellectual property protection for this type of work.
You should find a patent lawyer who will be able to help you. The patent lawyer does not have to live close to you -- you can hire someone in... View More
On June 5, I received a notice from a German law firm demanding over a thousand dollars for an alleged copyright infringement related to a photo I previously posted on my Substack account. The photo, which I believe was a collage of Twitter posts by a celebrity, was taken down by Substack, who will... View More
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answered on Jun 12, 2025
First, hire a lawyer who can carefully do the following plus more.
Your attorney probably would want to get a copy of the complainer's copyright registration for the allegedly infringed work. This could show who, if anyone, might own the right to sue people who duplicate the work.... View More
I am interested in registering the trademark "Eternal Darkness" for use in the video game industry. It was previously owned by Nintendo and marked as abandoned on June 15, 2020, due to no use statement being filed. I would like to know if I'm able to register it now. I've... View More
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answered on Jun 10, 2025
Trademark rights are based on use of the mark. Registration is like icing on the cake - without use, it's silly and pointless. That is why a statement of use must be filed to maintain registration. However, sometimes the SoU is not filed only by mistake, while actual use continues and... View More
I filed a trademark application for "Kemickah" with a serial number 99168344 on May 1, 2025. However, my application has not yet been assigned to an examiner. Can someone explain why there might be a delay and what steps I might take next?
answered on May 30, 2025
Trademark applications do not get assigned to an examiner immediately, and it is some time before they get examined. Currently, you can expect to wait about 6 -8 months before receiving action on your case.
I would like to know if I can register a trademark for sports education services before formally registering my business institution. I'm planning to offer services in the sports education area and want to secure the brand name early on.
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answered on May 30, 2025
The sine qua non of trademark registration is actual use in commerce that Congress may regulate. You cannot register a trademark before you have established a business that actually offers the service for which you want to register the trademark. However, you can APPLY for a trademark registration... View More
I would like to know if I can register a trademark for sports education services before formally registering my business institution. I'm planning to offer services in the sports education area and want to secure the brand name early on.
answered on May 30, 2025
It is important to file a trademark application in the name of the correct owner (otherwise, your trademark registration will be at risk). The correct owner is typically the individual or entity actually using the mark in commerce. Assuming your "business institution" is the entity that... View More
I would like to know if I can register a trademark for sports education services before formally registering my business institution. I'm planning to offer services in the sports education area and want to secure the brand name early on.
answered on May 30, 2025
Yes. You can file an intent to use trademark application. You'll be able to secure the name without having to provide a specimen for 6 months after the application is approved.
I am seeking full legal closure of my legal holdings and funds within the United States, which include deeds, trusts, estates, and bank holdings. I face a Power of Attorney dispute, which was created in Newark, New Jersey, New York, and it might be used fraudulently against my holdings. Many U.S.... View More
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answered on May 21, 2025
You need to revoke that power of attorney. Make several original duplicates of the revocation and record them in any appropriate NJ and NY Counties. Also send copies of the revocation to any relevant brokerage houses or other businesses that handle your properties. This revocation should have... View More
I am interested in acquiring ownership of a defunct company that ceased operations in 1968, along with its key original filed trademarks. Some of these trademarks are still actively used by an owner within the same industry, while others are expired or have limited use. I want to continue the... View More
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answered on May 13, 2025
Trademark rights in the United States are primarily governed by federal law and adjudicated through the U.S. Patent and Trademark Office (USPTO) and the federal court system, rather than through state registration systems. While some states, including Illinois, do maintain their own trademark... View More
I am a solo game developer who has received a cease-and-desist letter from a company claiming trademark infringement over my unreleased game’s title. The company’s trademark is stylized and applies to a game with a similar but not identical name. My game title uses a different spelling, is in... View More
answered on May 12, 2025
To answer your specific question, the fact that one name is stylized and the other is not is usually insufficient, by itself, to distinguish the marks for purposes of trademark infringement. However, it sounds like there are a number of differences in this case, and it is difficult to do any kind... View More
I found a trademark marked as abandoned in the database since 2016, and I'm interested in using it for my streetwear apparel line that I plan to expand into various merchandise. Can I legally purchase or claim this trademark and copyright to ensure that no one else can use the business name in... View More
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answered on May 12, 2025
Assuming that the trademark is not still in use (which may be different than its official registration status), and assuming that there are no marks in use that are sufficiently similar so as to raise a likelihood of confusion, then you might be ok to take over an "abandoned" mark. But... View More
I found a trademark marked as abandoned in the database since 2016, and I'm interested in using it for my streetwear apparel line that I plan to expand into various merchandise. Can I legally purchase or claim this trademark and copyright to ensure that no one else can use the business name in... View More
answered on May 12, 2025
If the trademark is abandoned on the USPTO and no longer in use you may have the opportunity to take over or register the trademark yourself with the USPTO. You should work with a trademark attorney for them to review if any similar marks already exist and why the prior mark was abandoned to see if... View More
I found a trademark marked as abandoned in the database since 2016, and I'm interested in using it for my streetwear apparel line that I plan to expand into various merchandise. Can I legally purchase or claim this trademark and copyright to ensure that no one else can use the business name in... View More
answered on May 12, 2025
Presumably, you are talking about the USPTO's database of federally registered trademarks. Since the registration has been abandoned, you are free to file your own application for the trademark. However, if the original owner is still using the mark in commerce, they may still retain some... View More
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