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Kathryn Perales
Badges
Claimed Lawyer ProfileQ&AResponsive Law
Education
- Vermont Law School
- Doctor of Jurisprudence/Juris Doctor (J.D.)
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- Massachusetts Institute of Technology
- B.S. | Literature
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Speaking Engagements
- Copy That! Understanding How to Create, Copy and Comply with Intellectual Property Law, Lunch and Learn, 235 Artino St., Oberlin, OH
- CoWork Oberlin
Certifications
- Registered Attorney
- United States Patent and Trademark Office
Professional Associations
- West Shore Bar Association
- - Current
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- Lorain County Bar Association
- - Current
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- Cleveland Corporate IP Counsel
- 2019 co-President
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- Cleveland Intellectual Property Law Association
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- Activities: Past Co-Chair of Small Firm and Small Business Committee
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- Texas State Bar  # 24025585
- Member
- - Current
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Jurisdictions Admitted to Practice
- Ohio
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- Texas
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Fees
- Free Consultation
Practice Areas
- Intellectual Property
- Patents
- Patent Appeals, Patent Litigation, Patent Prosecution
- Trademarks
- Trademark Litigation, Trademark Registration
Additional Practice Area
- Copyrights
Legal Answers
- Q. If for example "TJE Logistics" is Active Trademark is US, can I go with "TJE System"?
- A: You may be able to. It will depend on several factors, such as whether your description of services is the same or similar to TJE Logistics' description of services; and whether you or TJE Logistics may be required to disclaim certain words; and what other similar marks are registered or being used in the US. There may be other factors, depending upon your specific situation. Consult with your own trademark attorney.
- Q. When I consult with an attorney that specializes in patents, trademarks, etc . Do I need to protect my idea in advance?
- A: Every licensed attorney has a legal and ethical duty to keep confidential everything you disclose, unless they let you know in advance that they may have a conflict of interest. Many people consider this to be sufficient to protect your interests. You can also ask the attorney to sign a nondisclosure agreement, if you have one ready.
- Q. When filing a Provisional Patent Application or Patent and the application builds on or supersedes a patent that has
- A: If a patent or patent application has been abandoned, then you don't have to worry about infringing it - nothing you do now would infringe. If the abandonment happened recently, you'll want to figure out whether the applicant still has a chance to revive or appeal, and keep an eye on it. If the timeline of your invention coincided at all in the past with a period when the other patent was granted and in force, there could be claims from that time. But not now. There also could be issues if you ever worked with or for or had some contractual relationship with that inventor, and they're claiming that you took their ideas in some way. Anything revealed in the lapsed patent or patent application is prior art. But, if you have a patentable improvement to it, you might be able to get your patent granted.
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