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Patents & Trademarks Questions for 2

Patents and Copy Rights 2
In Patent Process    -  updated on 4/12/2009
This is to clarify a question that I asked earlier. I was reading an article about an invention made by a professor. While reading it, I came up with an application of the invention that could be very succes...   Read More Answer this question   Answer Answer this question
Rights of 2 Inventors in regards to Patent Royalties
In Patent Monetization    -  updated on 7/17/2003
A patent pending was granted to 2 inventors. We are in the process of marketing and selling the item as well as securing the full patent. The 2 inventors are dissolving their company and each would like to p...   Read More Answer this question   Answer Answer this question
definition of
In Litigation    -  updated on 6/10/2005
I am looking for support for the proposition that in certain cases someone other than the actual patent holder can provide ''actual notice'' required by 35 USC 287(a). I know LANS v DIGITAL EQUIPMENT implied...   Read More Answer this question   Answer Answer this question
2 Companies. 2 Logos. Trademark Violation?
In Trademark    -  updated on 2/26/2009
Company A and Company B are in similar industries.
Company A is based in MD, Company B is based in CA.

Does the similarity of their logo constitute any violation, copyright or trademark, for...   Read More Answer this question   Answer Answer this question
I received my NOA...I have a question or 2 or 4 or 10
In Trademark    -  updated on 2/26/2009
Let me preface this with I apologize for asking what may be EXTREMELY obvious to others on this site.

I received my NOA for the application that I placed for a Registered Trademark. According to t...   Read More Answer this question   Answer Answer this question
2 TM
In Trademark    -  updated on 2/26/2009
I wonder if you could help end an argument.
A TM has recently been registered in Australia that is the exact same spelling and class as a TM in the UK and EC (which has been registered for some years). ...   Read More Answer this question   Answer Answer this question
Trademark seminar in Stockholm, 25-26 November
In Trademark    -  updated on 2/26/2009
We are pleased to invite you to our second annual Trademark conference taking place in Stockholm, November 25-26.
This year, we have invited a selection of the best case lawyers an in-house cou...   Read More Answer this question   Answer Answer this question
Fair Use Rights - taking 2 products and making 1 for reselling
In Trademark    -  updated on 2/26/2009
If you can take 2 products that have IP rights and combine them into your own single product and get your own IP rights (possibly) then this doesn't give you the right to sell the resulting item?
<...   Read More Answer this question   Answer Answer this question
Trademarking 1-word of a 2-word Trademark?
In Trademark    -  updated on 2/26/2009
I'm starting a small clothing company and have been selling items for the last 3 months.  I've been calling my company a single word name - lets call it "Widget"

Today I saw that anothe...   Read More Answer this question   Answer Answer this question
trademark act sec. 2(f)/supplemental
In Trademark    -  updated on 2/26/2009
We got an OA from a client who filed a tm appl. himself (love those) and i have never heard a first OA stating that "neither an amendment to proceed under Trademark Act Sec. 2(f), nor an amendment to th...   Read More Answer this question   Answer Answer this question
TM Catch-22
In Trademark    -  updated on 2/26/2009
Hi,

I have 2 questions:
First, I was hoping to get a trademark before introducing my product, in order to avoid investing a lot of time and money on packaging, advertising, etc, only to possibly ha...   Read More Answer this question   Answer Answer this question
I
In Trademark    -  updated on 2/26/2009
same class.  How is that?  Both are registered too, so there is a way.  You can search for the word: Enlighten.  And starting from the bottom you will find two companies in IC 009 with th...   Read More Answer this question   Answer Answer this question
35 USC 102(a)
In Patent Process    -  updated on 2/26/2009
Quick ?, if I have an application with inventors ABC and a cited reference has inventors ABC.  In order to eliminate the reference under 35 USC 102(a), do I still need to submit a declaration under 1.13...   Read More Answer this question   Answer Answer this question
Double patenting rejection with 2 pending provisional applications
In Patent Process    -  updated on 2/26/2009
Has anyone ever filed a terminal disclaimer to overcome a provisional double patenting rejection with 2 pending provisional applications?  The cited application looks like it will issue before ours but ...   Read More Answer this question   Answer Answer this question
112 rejections for omitted essential elements/steps
In Patent Process    -  updated on 2/26/2009
Hi.  Has anyone recently seen an increase in 112 rejections for omitted essential elements/steps?  People here haven't seen one in over 5 yrs.  Now we've gotten ~10 in the last 6 mon...   Read More Answer this question   Answer Answer this question
102 problems ?
In Patent Process    -  updated on 2/26/2009
As a PhD candidate in the physics department, you conceive a new laser system which employs crystalline novelonium as the lasing material, which provides a new form of coherent light that has peculiar effect...   Read More Answer this question   Answer Answer this question
Commonly assigned applications, 102(e) rejection
In Patent Process    -  updated on 2/26/2009
I have a situation where application A was filed in 2004, published late 2005, and abandoned on 2007.  Application B was filed on early 2005, and is under 1st office action.  All claims in app B is...   Read More Answer this question   Answer Answer this question
112
In Patent Process    -  updated on 2/26/2009
I recently passed the exam, but I have now some general questions as I prepare an application. 
Some questions are simple, and I hope I am told the same answers that I think are correct...
Th...   Read More Answer this question   Answer Answer this question
132 Declaration to remove reference with common inventor
In Patent Process    -  updated on 2/26/2009
Hi,

I have a 103 rejection and the art being cited is one of the inventor's own patents.  Can I remove this reference (like I would in a 102(e) rejection) with a 132 declaration signed b...   Read More Answer this question   Answer Answer this question
Swear behind 102(e) reference.  When is the date of entry?
In Patent Process    -  updated on 2/26/2009
I have a situation with a patent application.  I got a 102(e) rejection and plan to swear behind with a 1.131 declaration.  According to the statute, a 102(e) reference's priority date is the ...   Read More Answer this question   Answer Answer this question
 
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