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Changi Wu

Changi Wu

Changi Wu Law Office
  • Intellectual Property, Patents, Business Law...
  • New Jersey, New York, USPTO-Patent Agent
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Summary

Patent application and prosecution, trademark application, patent licensing, corporation formation, copyright registration, NDA, Infringement defense, and Estate Planning. I was graduated from Rutgers School of Law with the award of American Bar Association/BNA Excellence Award in Intellectual Property. My practice is to safeguard your intellectual property rights. I have assisted many startups and solo inventors to prepare patent and trademark applications. Moreover, some of the clients have obtained licensing opportunity since then.

Practice Areas
  • Intellectual Property
  • Patents
  • Business Law
  • Trademarks
  • Bankruptcy
Additional Practice Area
  • Copyright
Fees
  • Free Consultation
    30 Minutes of Free Consultation
  • Contingent Fees
    Registration of trademark and copyright may base on the successful registration of the mark or copyrighted material.
Jurisdictions Admitted to Practice
New Jersey
New York
USPTO-Patent Agent
3rd Circuit
Languages
  • English: Spoken, Written
  • Mandarin: Spoken, Written
Professional Experience
Managing Attorney
Changi Wu Law Office
Current
Education
Rutgers School of Law-Newark
J.D. | Intellectual Property
Honors: ABA-BNA Excellence in Intellectual Property David Haber Scholarship
Activities: Senior Editor, Rutgers Computer and Technology Law Journal Clinical Law Student, Rutgers Intellectual Property Law Clinic
University of Wisconsin - Madison
M.S. | Environmental Engineering
Awards
Excellence – Intellectual Property Law
American Bar Association
Websites & Blogs
Website
Legal Answers
26 Questions Answered

Q. hello it says my trademark is suspended may i ask why & what causes that & what may i do ?
A: A suspension letter suspends the action on an application. An application may be suspended for a variety of reasons. These include waiting for the disposition of a cited prior pending application to be determined or waiting for an assignment of ownership to be recorded. Applicants do not have to respond to suspension letters; however, suspension inquiry letters do require a response.However, if the application has been suspended for six months or more, the examining attorney will issue an Office action inquiring as to the status of the matter on which suspension was based. For example, if action is suspended pending the receipt of a copy of a foreign registration or proof of renewal of a foreign registration, the examining attorney will inquire every six months during the suspension period as to the status of the foreign application or registration. Similarly, for applications that are suspended pending the outcome of a civil action, the examining attorney will inquire every six months as to the status of the proceeding. If the foreign application or the civil action is still pending, a statement by the applicant to this effect is a proper response. If the applicant does not respond to the suspension inquiry, the application will be abandoned for failure to respond. You should contact a trademark attorney to assist you in resolving the issue. Many attorneys here offer free initial consultation. You should contact one of them and show him/her the suspension letter and see if response is needed.
Q. Hi I am planning to expand a business from Sweden to US and I am wondering if I need to register my trademark(s)?
A: You definitely need to register your trademark in US in order to protect your logo and business in the US market. You also had better to conduct a trademark search to check if your mark has been used by others in the US. Therefore, you should hire an US attorney to assist you. Many attorneys here offer free consultation. You should contact one of them.
Q. We need your advice with a infringing trademark claim.
A: Only a litigation can resolve it definitely. No attorney can guaranty that the Loveyogabum owner will not sue you. Having said that, you should initiate the litigation by bring a declaratory judgement, in which you claim your noninfringement and let the court decide. By bring the lawsuit by yourself, you will have more control over where to file the suit, such as the state or the court more convenient to your appearance in the court. Your attorney may be able to access how much merit you have. Contact an trademark attorney permitted to practice the law in your state and seek his/her assistance.
Q. I need to have the copyrights to my project and everything in it?
A: As already answered by the US Copyright Office that "there is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the world. Protection against unauthorized use in a particular country depends on the national laws of that country. However, most countries offer protection to foreign works under certain conditions that have been greatly simplified by international copyright treaties and conventions. There are two principal international copyright conventions, the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) and the Universal Copyright Convention (UCC). Under the UCC, any formality in a national law can be satisfied by the use of a notice of copyright in the form and position specified in the UCC. A UCC notice should consist of the symbol © (C in a circle) accompanied by the year of first publication and the name of the copyright proprietor (example: © 2006 John Doe). This notice must be placed in such a manner and location as to give reasonable notice of the claim to copyright." If you are worried about the copyright in India and other countries, you should registered your work, as least, in US, and put an UCC notice as stated about. Also, you should have a nondisclosure and non-compete agreement with the India company producing your product to stop the India company unauthorized reproducing of your products. For counties not a member of the Berne Union, you may consider hiring a local attorney of the country to register the copyright under the local laws. It is complicate, therefore, you had better to hire an US attorney familiar with copyright registration to assist you. Many attorneys here offer free consultation and affordable service rate. You should contact one of them.
Q. I need to obtain a trademark. Is it feasible to apply for one on my own or do I need the assistance of a lawyer?
A: You can always file registration on your own. However, as my experience, it may end up a rejection or termination of your application if you file it improperly. The filing of an online applicaiton is only the beginning. Most of cases, if not all, USPTO will issue office actions that require your timely response, otherwise your application will be abandoned, and you have to start anew with new fees. Also, you may face oppositions from other parties. You also may slip through the required disclaimer, the submission of specimen, or untimely filing of extension. Therefore, it is recommended to file an attorney to take care these issues, that any one of it will cause your application abandoned or rejected. Many attorneys here offer a free initial consultation and a flat fee service. You should contact one of them.
Q. what does abandonment mean, and can I trademark something thats been abandoned?
A: Abandonment of a trademark in the USPTO's registration status does not mean that the original owner has stopped using the trademark. It can be lack of paying the maintenance fee. You may use it only when the original owner has discontinued with intent not to resume the use of the mark. Nonuse for three consecutive years shall be prima facie evidence of abandonment. Therefore, if you are 100% sure that it has not been used for 3 consecutive years, you may use it and register it. Having said that, you may want to contact an attorney to conduct a search, clearance, and registration for you. It is also possible that the original owner may file an opposition to your registration or an infringement lawsuit after you use the mark. Many attorneys here offer free consultation and low rate service. You may consider contact one of them.
Q. How do I leave something I created and what ownership do I retain?
A: If the ideas of your website contents are initiated and authored by both of you, the contents of the website is under a joint copyright by you and the woman. Joint copyright owners have an equal right to use the content. Unless you have an written agreement to divide the joint ownership, each of you has the right to commercially use the contents, provided that the other copyright owners get an equal share of the proceeds. In your case, if the contents themselves do not generate proceeds (like book or video), you may not have any recourse or the right to stop her use of the content. If the woman refuse to pay the cost of the website, you may try to shut it down, but she, if as a joint owner of copyright, may start a new website by using the same contents that she enjoy the joint ownership. However, your case is more like issues of sharing the cost of the website and a termination of the implied partnership. For the sharing of cost under the context of partnership, you should find a local attorney having experience in partnership to handle it.
Q. I want to launch a website that shows tutorials how to download pirated content i wont have any pirated contentonmy site
A: If there is someone actually downloading the pirated content, you may be liable for secondary liability such as inducement infringement or contributory infringement. If the copyright owner seriously pursues you with legal actions, you will face not only the court order to shutdown your website, but also the judgement of damages.
Q. If I created a LLC to make clothing and someone trademarked my name after can I still make the clothing?
A: If the Canadian company uses and registered the trademark in different class of goods or service, you may still use the mark in you business. If both you and the Canadian company have same type of business or product, and you are a senior user of the trademark, you should file an opposition to the registration of the trademark. You may want to consider hiring an attorney to file opposition or contest the registration. Many attorneys offer free initial consultation, and offer low rate service. You should contact one of them for your case.
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