Patent & Trademark Firm

patentandtrademark

good luck and best wishes on your success.

Honey

If you haven`t already, consider joining your local business and minority development councils as well as the Chambers of Commerce.  You would definetly be an asset to the organizations.  I suggest contacting the NOMBC-Northern Ohio Minority Business Council, Cleveland:(216)
363-6300 and/or the SCOMBC-South Central Ohio Minority Business Council, Columbus:(614) 225-6959.

patentandtrademark

will they accept a non-minority?

patentandtrademark

You have the typical two approaches here:1.  Do it yourself at www.uspto.gov</A>, or2.  Hire somebody who does it for a living to help you.
Of course, I do it for a living so I would be glad to help.  Send me a message if you would like to discuss it further.  Are you selling the electric scooters in interstate commerce at this point or are you only intending to do so in the future?  Are you a manufacturer or a reseller?

quetzal

James,

patentandtrademark

yes.  There is a treaty called the Madrid Protocol for trademarks and a treaty called the Patent Cooperation Treaty for patents.  Last time I checked, canada was not a party to madrid but was a party to PCT.
The owner of the intellectual property can assign that intellectual property in foreign countries so they are in a better position for enforcement.

brent

Dear sol o:
You make an excellent point:  If one isn`t going to have the means to bring a patent infringement suit in, say, the UK, why bother to get a patent or trademark in the UK?
In general, international intellectual property strategy is only a part of an overall plan for doing business internationally.  Obtaining IP protection in foreign countries is a good idea for those who plan to do business in those countries or who otherwise have the means to go there to enforce their IP rights. 
Barring that, we are now seeing the emergence of international markets in latent IP.  These markets are still inefficient, but they are growing rapidly.  As this market matures, one with a foreign patent who has no means of enforcing it will eventually be able to sell the patent to someone who does have the means.
In my view, obtaining as much IP protection as you can afford is always a good idea.  Figure out how to exploit it later.
Warm regards,
-brent
(the above is not meant to be legal advice)brent2006-9-18 10:40:5

patentandtrademark

one challenge with the "publicity" type of attack is that it may allow them to initiate the action against you if the publicity puts them in fear of litigation.  If you don`t want to litigate, or even if you do, you almost certainly don`t want to open the door for them to start the process.

brent

Dear bevjoy:
You may have a case that an IP litigator would want to take on contingency.  I recommend you consult the California Bar lawyer referral service to try to find someone in your area.
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-brent

DeadEye96

How common is a TM knockoff situation like this in bevjoy`s case?  I have a business concept that I believe is not patentable so, I was going to rely on quickly building a strong brand image in the specific customer community.  I am making the assumption that TM infringement is relatively easy to inforce - am I right?

patentandtrademark

I don`t have stats on how often it happens.  In general, where there is perceived to be easy money to be made from copying, there will be copying.  Strong brand images certainly help in general.

brent

DeadEye96: 
I regret that your assumption is not always correct.   Trademark infringement litigation can get very expensive for both sides.  Sometimes infringers will go away after receiving a letter from your attorney, but other times, you`re in it for the long haul.
-brent

patentandtrademark

As in most things, there are the "slam dunk" type cases and also the "gray area" type cases.  Maybe you could send me a private post with some specifics - such as whether there are any federal registrations, why you think there is infringement, etc.

babylon

Hi James,
The conversation posted here is like 2 years ago and I am not sure if you are still active on this site.  In any case, Iam a scientist with 20 years of cancer reseach experience.  I have started a pharmaceutical consulting firm.  We developed several technologies that I would like to file for patent.  I have good experience in filing for provisional patents.  I have done prior art search on various free search web services, drafted the patent `non-provisional utility patent` by myself, following the instructions at USPTO.  USPTO has expedited review process for cancer related patents.  Can you help me `online filing for expedited review of non-provisional utility patent`?  Entire drafting and drawings have already done by me using patent ease and patent pro softwares and using info on USPTO.  I would rather spent my time on inventions rather than filing online by myself and keep up with communications.  However, I am working on limited budget, most of it is going for the development of technologies.  Due to the necessity, not out of choice that I have to learn and file the patents by myself.  I am not sure if there is any other way I can make a deal with patent attorney to pay for the charges when patents are sold to bigger firm or when I get venture capital funding to pursue phase I trials.  I would greatly appreciate your anyone`s suggestions.
 
Best regards,
 
Babylon
 
 
 
 
 

Innovator7

As you`ve done PPA or RPA, just do it again to get priority day.  You may get lucky if it`s a clear-cut case.  Examiners are more linient with pro se applicant.  If prosecution becomes serious, you can ask for help from the pros then.  Being "patent pending will help with your funding efforts as investors need such assurance about IP, even prefer issued patents.