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Benton R Patterson III

Benton R Patterson III

Trademark and Copyright Attorney
  • Intellectual Property, Trademarks
  • Texas
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Claimed Lawyer ProfileQ&A
Practice Areas
  • Intellectual Property
  • Trademarks
Additional Practice Area
  • Copyright
Fees
  • Free Consultation
Jurisdictions Admitted to Practice
Texas
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Federal Circuit
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Education
Texas A&M University School of Law
J.D.
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University of North Texas
B.A.
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Professional Associations
State Bar of Texas # 24095088
Member
Current
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Federal Circuit Bar Association
- Current
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The Honorable Barbara M.G. Lynn Inn of Court
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Speaking Engagements
Panelist, Legal Careers Presentation, Denton, TX
University of North Texas PreLaw Program
Websites & Blogs
Website
Firm website
Legal Answers
257 Questions Answered

Q. What next if specimens for Declaration 8 & 9 are deficient and 10 years are up?
A: You can submit a new application after your current registration is cancelled. Although, if the USPTO rejected your specimens for the renewal, it will also reject them for the new application. I recommend working with a trademark attorney to ensure you have acceptable specimens.
Q. Ours is a partnership firm with 4 partners, based in India. We need to register our Trademark with USPTO. Pls. guide
A: The fee to file an application electronically is $225 or $275 depending on the filing status. You will also need to pay an attorney to file the application. The attorneys fees can vary, but will generally be less than $1000. The estimated time to complete a registration is 18 months. I recommend speaking with a US trademark attorney to plan out how to establish your trademark rights in the US.
Q. I created a koozie saying “lake:30”. Was informed on Etsy by Lake30 that they own that exact trademark, however I
A: A trademark attorney would need to review the trademark registration and your product to determine if your product infringes their trademark. Generally speaking, exact copying is not required to infringe a trademark. If a consumer would confuse your mark with the other, there can be infringement.
Q. When trademarking a brand name, can a colon or hyphen be incorporated within the name?
A: Yes, special characters can be incorporated into a trademark.
Q. Trademark issue from previous owner?
A: Do you have a written agreement that shows he agreed to assign the trademark to you? If so, enforcing the agreement may be the easiest option.
Q. Do you think it is safe to file a Counter Notification against someone who filed a false DMCA Takedown on A Youtube Vid?
A: You could have an attorney file the counter notice for you if you are concerned about distributing your contact information.
Q. Would you please advise me if I can apply on-line to vacate a default judgment? Thanks a lot.
A: No, you cannot apply to vacate a judgement online.
Q. do I need a music licence to play music spotify in the restaurant i own?
A: Yes, you must have a license to play streaming audio publicly.
Q. Is it ok to trademark the name of my greeting card company with the words greeting card in it.
A: An attorney would need to review the trademark and how you use it in commerce to answer this question. Generally speaking, you cannot register words that are descriptive of the goods or services. If descriptive words are paired with other distinctive words, you may be able to register the mark as a whole, but disclaim the descriptive words. Using your example, you could include "greeting card" within a trademark with other distinctive elements, but you could not exclude other greeting card companies from using the words "greeting card" to describe their products.
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Contact & Map
Patterson Legal
2310 N Henderson Ave.
STE 724
Dallas, TX 75206
USA
Telephone: (972) 379-9049