The Intellectual Property Forum

A patent was filed in the United States but PCT application was not submitted along with the application. What is the simplist way to file for protection in Mexico? Any advice would be greatly appreciated!

So, my friend knows someone who wants to get their mark registered but there might be an issue with a live mark.

Facts(Hypothetical):

1. International Ice cream Corporation wants to register a mark in the U.S.
2. One of the words the Ice Cream Corporation wants to register is included in a registered trademark for a company that also sells ice cream.
3. The registered mark is in the same class.
4. The registered mark is for example: "POCO" Ice cream. (POCO means something in another language)
5. The Ice Cream Corporation wants to register a similar mark with the focus on the word "POCO" but does not include the second word Ice Cream.
6. The Ice Cream Corporation has designed a mark that includes the word "POCO" but the word is offset by other words and symbols. Specifically, the design has an Ice Cream cone above the word "POCO" and the mark would also contain a word that is suggestive of ice cream. The mark also has different color scheme and stylized letters.
7. The first mark was in use before the second mark.
8. The second mark is being used internationally for ice cream shops and allegedly has an application filed under the Madrid protocol.

Questions

A. Can the Ice Cream Corporation register the mark without being shot down for likelihood of confusion.
B. Would it be best for the Corporation to create a new design to market their products in the U.S.?
C. I know the dupont factors will need to be considered and that they are viewed on a case by case basis but can anyone suggest a case or registered trademark application that has succeeded under similar circumstances?
D. What other alternatives does the corporation have if they want to use this mark? ( i know they can use it and be sued for infringement or receive a c&d letter or both)
E. Can the attorney be sued if he submits an application for this mark even though he knows that the examiner will reject based on the likelihood of confusion?

By the way, I have already suggested they obtain competent counsel but I just wanted to know what you smart professionals think?

I have a question I was hoping someone can answer. .......

I am a registered patent agent and was approached about prosecuting a patent for an individual. My questions are as follows:

1. Will the prosecution of this patent assist me in my job search?
       a. Will a prospective employer consider the quality of my work?
       b. Will a prospective employer view a rejection negatively? (I know it depends on why it was rejected but anything else?)

2. Where can I find a billing scheme?

3. Is this a bad idea?  (What could go wrong?)

Any feedback is appreciated!