Paul Overhauser

Paul Overhauser

  • Intellectual Property, Patents
  • Indiana, North Carolina, Northern District of Indiana, Southern District of Indiana, US Patent Office
Badges
Claimed Lawyer ProfileQ&ABlawgsearchSocial Media
Practice Areas
  • Intellectual Property
  • Patents
Additional Practice Areas
  • Copyrights
  • Infringement Litigation
  • Trademarks
Fees
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Indiana
North Carolina
Northern District of Indiana
Southern District of Indiana
US Patent Office
7th Circuit
8th Circuit
9th Circuit
10th Circuit
Education
Indiana University - Indiana University-Bloomington
J.D. / Law
-
Honors: cum laude
Purdue University - Purdue University
B.S. / Computer Science
-
Purdue University - Purdue University
B.A. / Philosophy
-
Awards
"40 Under 40"
Indianapolis Business Journal
"Who's Who in Law"
Indianapolis Business Journal
Professional Associations
Member
Indiana State Bar
Current
Director and Past president
Venture Club of Indiana
Current
Board, Secretary
Indiana State Bar Association, Intellectual Property Committee
Current
Dean's Advisory Council
Purdue University
Current
Board
CERIAS Institute
Current
Board
Indiana Technology Referral Network
Current
Software Committee
Indiana Business Modernization and Technology Corporation
Current
Director
eSMART Corporation
Current
Director and Secretary
TechPoint Foundation
Current
Past President
Hancock County Bar Association
Current
Member
American Intellectual Property Law Association
Current
Member
Indiana State Bar Association
Current
Member
American Association for Justice
Current
Secretary
Piezotech, LLC
- Current
Member, Service on Various Committees
American Intellectual Property Law Association
- Current
Finding John Doe-Pursuing Intellectual Property Claims Against and Discovery From Unknown Internet Users
Hancock County Bar Association
-
Critical Intellectual Property Issues for Business Attorneys
ICLEF
-
Intellectual Property Issues for the General Practitioner
Hancock County Bar Association
-
Founder and Director
TechPoint, Inc.
-
Personal Jurisdiction and the Internet
ICLEF
-
The Dollars and Sense of an Information Security Practice
Indianapolis Business Journal
-
What Does a "Secure" Organization Look Like?
Indianapolis Business Journal
-
Information Security - A Huge Potential for CPAs, The Account
Indianapolis Business Journal
-
2001 Computer Law Update
ICLEF
-
1999 Midwest Intellectual Property Law Symposium
ICLEF
-
Year 2000 Litigation Update
Indiana State Bar Association
-
Managing Risk in Software Contracts
ISA
-
Legal Implications of the Millennium Bug, Year 2000 Proceedings
Indianapolis Business Journal
-
The Internet: The Great Equalizer for Corporate Counsel
Indianapolis Business Journal
-
Copyright Law Fundamentals
Growth 100
-
Cyberrights and Cybercrime
ISA
-
The Law of the Information Superhighway
ACM/Purdue
-
The Scope of Fair Use and Implied Licenses in Computer Law
ICLEF
-
The Internet for Attorneys
CISI
-
Trademark Use and Infringement on the Internet
ICLEF
-
Legal Considerations for Doing Business on the Internet
ISA
-
Civil Liberties In Cyberia: Intellectual Property and Electronically Transmitted Information
ICLU
-
The Information Superhighway: Where Will It Lead?
Indianapolis CEO
-
Latest Computer Technology Intrudes on Privacy
Indianapolis Business Journal
-
Protecting Your Trademarks on the Internet
ISA
-
Current Trends in Software Licensing
ICLEF
-
Reverse Engineering and Fair Use in Software Development
ISA
-
Builders and Owners Face New Liabilities From Copyright Changes
IBJ
-
"Securing and Enforcing Videotape Copyrights"
ITVA
-
"Software Patents"
IBMTC
-
"FAX Facts: Translating Business Laws for the Electronic Age"
IBJ
-
"Maximizing Profitability Through Software Licenses"
Proceedings of the Technology Transfer and Database Tutorial Workshop
-
"Legal Considerations for Exporting"
U.S. Dept. of Commerce Briefing
-
"Software Piracy"
SEF
-
"Software Products Liability"
SEF
-
"Legal Aspects of EC 1992 for Indiana Computer Software, Hardware and Peripheral Manufacturers"
U.S. Dept of Commerce Briefing
-
"Software Licensing"
SEF
-
ICLEF "Patents and Trade Secrets"
Entrepreneurship
-
Publications
Articles & Publications
Indiana Intellectual Property Law News
Paul Overhauser
Certifications
Registered Patent Attorney
US Patent and Trademark Office
Legal Answers
180 Questions Answered

Q. If I file for a trademark, will the trademark office conduct a search for me?
A: Well, the Trademark Office (either Federal or State) will conduct their own trademark search, but it will not be "for you;" it will be to determine whether your mark is confusingly similar to another registered mark. If they find a conflict, they will reject your application, and you will have lost your filing fee. That is why it is a good idea to do a trademark search before you file, or better yet, before you select your trademark. Paul Overhauser www.iniplaw.org www.overhauser.com 317-891-1500
Q. What is a certification mark?
A: A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a certification mark is to indicate that certain standards have been met, use of the mark is by others. Paul Overhauser www.iniplaw.org www.overhauser.com 317- 891-1500
Q. What is a collective membership mark?
A: A certification mark is any word, phrase, symbol or design, or a combination thereof owned by one party who certifies the goods and services of others when they meet certain standards. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a certification mark is to indicate that certain standards have been met, use of the mark is by others. Paul Overhauser www.iniplaw.org www.overhauser.com 317- 891-1500
Q. Do I have to register my trademark for it to be valid?
A: No. You can establish rights in a mark based on use of the mark in commerce, without a registration. However, owning a federal trademark registration on the Principal Register provides several important benefits, including: Public notice of your claim of ownership of the mark; A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration; The ability to bring an action concerning the mark in federal court; The use of the U.S. registration as a basis to obtain registration in foreign countries; The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP) Service to prevent importation of infringing foreign goods; The right to use the federal registration symbol ® and Listing in the United States Patent and Trademark Office’s online databases. Paul Overhauser www.iniplaw.org www.overhauser.com 317- 891-1500
Q. Should I conduct a search for similar trademarks before filing an application?
A: Yes, this is always a good idea. Actually, you should conduct a search before you even start using a mark, to reduce the risk that another trademark owner will send you a "cease and desist" letter after you have invested money in promoting your trademark. Paul Overhauser www.iniplaw.org www.overhauser.com 317- 891-1500
Q. Where can I conduct a trademark search for trademarks for pending applications and federal registrations?
A: A good starting point for conducting a trademark search is the US Trademark Office website, at http://www.uspto.gov/ (then click on Search marks). As you are in Indiana, you can also search Indiana trademarks at http://www.in.gov/sos/business/2374.htm Paul Overhauser www.iniplaw.org www.overhauser.com 317- 891-1500
Q. Will the Patent Office recommend a patent attorney to help protect my invention?
A: No, the Patent Office will not make this choice for you. However, a general attorney may help you in making a selection from among those listed as registered practitioners on the Office roster. Also, some bar associations operate lawyer referral services that maintain lists of patent lawyers available to accept new clients. Paul Overhauser www.iniplaw.org www.overhauser.com 317- 891-1500
Q. Are invention promotion companies reliable and trustworthy?
A: This can't be answered in the abstract - some companies are legitimate and some do a very poor job. No. The Patent Office publishes complaints regarding invention promoters and replies from the invention promoters. Questions or complaints can be sent to Mail Stop 24; Director of the U.S. Patent and Trademark Office; P.O. Box 1450; Alexandria, VA 22313-1450 or call at (703) 306-5568. Paul Overhauser www.iniplaw.org www.overhauser.com 317- 891-1500
Q. Are there any organizations in Indiana that can assist in developing and marketing my invention?
A: Two good groups are the Venture Club of Indiana, www.ventureclub.org; and the Hackers and Founders, www.meetup.com/Hackers-and-Founders-Indianapolis Paul Overhauser www.iniplaw.org www.overhauser.com 317-891-1500
Click here to see all answers
Social Media
Contact & Map
Indianapolis Office
101 West Ohio Street
Suite 2000
Indianapolis, IN 46204
USA
Telephone: (317) 891-1500
Fax: (866) 283-8549
Greenfield Office
740 W Green Meadows Dr
Suite 300
Greenfield, IN 46140
USA
Telephone: (317) 467-9100
Fax: (866) 283-8549