Infringing Products on Amazon


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 inventory before moving on. I wonder if can keep selling until he get he’s patent confirmed ? Or he can still sue me after he gets the patent granted for back losses?

ANSWER: Generally, one can only collect damages after a patent has issued, not while the patent application is pending. Therefore, sales of an “infringing” product while the application is only pending does not provide a basis to collect damages or even be considered infringement.


How To Fix Abandoned Patent Application



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 application is abandoned in USPTO office and didn’t reach to the examiner. I didn’t understand why and what does it mean. so you tell me what shall I do ? is that mean my application is rejected or not ? please help me.

ANSWER: The patent office may have sent something that required a response. If no response was timely filed, your application will have been deemed abandoned by the patent office. You can try to file a petition to revive the application.



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 provisional does not automatically stop someone from copying your invention. You have to take affirmative steps to stop the copying, such as a cease and desist letter.

What is Protected By a Trademark?



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 will not protect your shop itself. Trade dress, however, may protect the way your shop looks. A trademark may also protect contents in your shop, but only to the extent that the contents have a trademark attached to them.




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 the franchisor. Your “customer” is actually the franchisee. The franchisee has rights from the franchisor to use the franchisor’s logo. The franchisee’s rights to use the logo is typically limited, and may not allow the franchisee to allow a third party to use the logo.

Register TM in US, Even if Registered Abroad


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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?


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 wordmarkable or would they likely be deemed too generic? In the latter case trademarking the logo + wordmark would be a better bet and you could save some time and dollars by not even attempting registering the wordmark only.

ANSWER: Marks that describe the product being sold can be expected to run into challenges when seeking federal registration of the mark. In this case, marks like Creative Cosmetics and Captivating Cosmetics may be seen as describing the cosmetics being sold.

Enforce Trademark Even Though Not Registered?


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 are using a trademark, you have trademark rights that can be used to stop infringers.

China and Other Foreign Patents


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 significant improvement. Questions : 1. How should we apply for a modification of the original patent? 2. Can we go for a PTC if the modification of our patent is approved? 3. Is there any other way to get the patent international even we missed the deadline of 12 months?

ANSWER: If you file a PCT application within 12 months of filing a “national” application (e.g., China), you can claim “priority” to the national application. Once your national application issues as a patent, it becomes prior art to your newly filed patent applications (e.g., PCT or other).

If your newly filed patent application is not “obvious” in view of your issued Chinese patent, you can still get a patent but you will not be able to claim priority based on your Chinese patent.