John B. Hudak

The Law Office of John B. Hudak is an intellectual property law firm providing legal services related to patents, trademarks, and copyrights.

John Hudak is a patent attorney and therefore able to prepare and submit patent applications and office action responses to the United States Patent and Trademark Office. Additionally, the Law Office of John B. Hudak can: prepare and submit federal trademark registration applications; respond to trademark registration office actions; submit maintenance documents and/or fees for patents and/or federally registered trademarks; prepare and submit copyright registration applications; litigate patent, trademark, or copyright cases in the Southern District of New York and Eastern District of New York federal district courts; and give legal advice on your current or future intellectual property.

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Connecticut

State of Connecticut Judicial Branch

New York

New York State Office of Court Administration

Patent Attorney

Law Office of John B. Hudak, PLLC

Current

New York University School of Law

J.D.

University of Connecticut

PharmD | Doctor of Pharmacy

University of Connecticut

B.S. | Pharmacy Studies

Honors: summa cum laude

Eagle Scout

Boy Scouts of America

Babbidge Scholar

University of Connecticut

State Bar of Connecticut

Member

Current

New York State Bar

Member

Current

Comparison of the ability of various pharmaceutical silicates to amorphize and enhance dissolution of indomethacin upon co-grinding.

Pharmaceutical Development and Technology

Registered Patent Attorney

United States Patent and Trademark Office

Q. We would like to trademark Virosense. Please advise the cost, process and timeline.

January 19, 2021

A: The approval time varies for multiple reasons. The peak time for approval for a mark already in use is 6-9 months and the peak time for approval for a mark not in use yet but intended to be used is 12-15 months. I have a LinkedIn article explaining a short case study I performed to determine those time periods: https://www.linkedin.com/pulse/snapshot-case-study-when-trademark-application-approved-john-hudak/?trackingId=JOdrS3g5TQWpeBecPnbUhw%3D%3D

The application approval timing might change because there has been a steady increase in applications in the past few years and the numbers above were taken from applications filed at the beginning of 2017.

The fees vary based on the use of the mark: generally $250 to $350 per class of goods or services – and a few hours of attorney time to intake the information, prepare the application, and submit the application. Many times a trademark search is completed, which if very simple will be included as part of the preparation, but can be more extensive if needed.

General Disclaimer: This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship. Consider hiring an attorney to analyze the specific facts to your situation. ... Read More

Q. I'd like to know about new verdicts about patents and contracts in the state of New York

January 13, 2021

A: Generally, almost all patent litigation is in federal court. Some patent litigation is in state court if it is related to a patent issue – which may apply to your situation of a patent/contract because the contract is in question and therefore the case will be decided in state court – but it depends because this is specific to your facts. You’ll have to know what case law to look at federal or state.

It sounds simple but web searching a specific question about your case can give some answers. Some law firm blogs have good info – they will have write ups of litigation in review for a certain year summarizing different cases in patent and more general sources of patent litigation. Also searching for different questions all in the same topic with lead you to different answers.

But usually many times hiring legal counsel will also help you interpret what you read.

General Disclaimer: This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship. Consider hiring an attorney to analyze the specific facts to your situation. ... Read More

Q. Can I use the word capricorn on a hoodie and not get sued?

December 28, 2020

A: Unauthorized use of a word with trademark rights can be viewed as trademark infringement or trademark dilution. Below is a more technical description of both.

One can commit trademark infringement if that person uses a mark, which is the same as -- or similar to another mark -- that will cause likelihood of confusion to a potential consumer, that both marks are indicating a common source of the goods/services.

In addition to trademark infringement, there is trademark dilution. Under the Trademark Dilution Act 15 U.S.C. 1125(c), if a mark is used which impairs the distinctiveness of a famous mark or harms the reputation of a famous mark, the owner of the famous mark can obtain an injunction to stop the other user from using the mark. This injunction can occur “regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury.” 15 U.S.C. 1125(c)

Consider hiring a lawyer to review the specific facts to your individual situation.

General Disclaimer: This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship. ... Read More