Patent Trademark Blog

FEBRUARY 26, 2024

Let’s look at how you should protect and trademark your clothing lines. Contact US patent and trademark attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore how we can register your clothing brand’s trademarks, patents and copyrights. But how do you show a trademark on clothing?

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LexBlog IP

SEPTEMBER 25, 2023

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. Design Patent No. D657,093 (“the D’093 Patent”) via sales of its products containing HeatWave™ liner material, as illustrated side-by-side below.

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Patent Trademark Blog

JULY 11, 2022

Mission Impossible: Can you block a design patent application? Design patent applications are not publicly viewable. It can be nearly impossible to figure out what design patent applications are pending. Suppose your competitor indicates that their product is patent-pending. This will be tricky.

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IP Tech Blog

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. We have specifically covered this topic in a previous blog. Other countries are lagging behind.

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Patent Trademark Blog

APRIL 21, 2022

What is the design patent infringement test? The test for design patent infringement involves a visual comparison between the patented design and the accused product. Therefore, if an accused product seems very close to such prior art designs, there is a decent probability of no design patent infringement.

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Patent Trademark Blog

APRIL 26, 2022

Can filing a design patent protect you from infringement? Patent professionals, including myself, constantly stress that a patent does not protect its owner from infringement. Anyone who has read my posts on the differences between patentability and infringement will understand this long-standing principle.

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Patent Trademark Blog

FEBRUARY 24, 2022

Should you use a design patent to protect your new product? When compared to utility patents , design patents are often overlooked as an IP asset. Let’s explore when it makes sense to pursue a product design patent. Let’s explore when it makes sense to pursue a product design patent.

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Patent Trademark Blog

MAY 26, 2021

What is the meaning of broken or dashed lines in a design patent? While I’m not sure if you can call it a loophole, US design patents enable a particular option in the drawings that can potentially broaden protection. In a US design patent, the claimed design comprises what is drawn in solid lines.

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Patent Trademark Blog

MARCH 1, 2022

Can a design patent cover a type of material? We all know that designs patents cover the ornamental appearance of a product or idea. Functionality is protected by utility patents. Can a design patent show a specific material, substance or composition of matter? Be careful though.

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The IPKat

DECEMBER 5, 2021

While looking for a suitable present for your fellow co-workers or distant relatives, take a moment to check what happened on the other IP blogs last week. The CREATe blog published an article on sharing the results of research about trade marks, fashion and crime in the nineteenth century, which tangencies the story of the Jaeger brand.

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LexBlog IP

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. We have specifically covered this topic in a previous blog. Other countries are lagging behind.

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Patent Trademark Blog

JANUARY 5, 2022

What is a design patent continuation application? US patent law allows an applicant to file a “child” patent application while the “parent” application is still pending. This rule applies to both utility and design patent applications. Be careful though.

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Patent Trademark Blog

MAY 15, 2023

Why Amazon Sellers Should Care Amazon Brand Registry In order to ensure a smoother application process for Amazon Brand Registry, the most important thing to do is to derisk your trademark application with the USPTO. Need a registered trademark to maximize full benefits of Amazon Brand Registry? Avoid do-it-yourself trademark filings.

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Patent Trademark Blog

JUNE 10, 2021

What are your chances of getting a design patent? A helpful way to estimate your probability of success in obtaining a US design patent is to consider the average design allowance rate which is the percentage of design patent applications allowed by the USPTO.

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The IPKat

FEBRUARY 6, 2022

Take this opportunity not only to renew your energies but also to check what has been going on around the IP blogs. Designs Marques Class 99 reported on the UKIPO's recently launched call for views on the design system. February is finally here, Mercury retrograde is over and we can finally breathe lightly!

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Technology & Marketing Law Blog

MARCH 8, 2024

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money.

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Patent Trademark Blog

JANUARY 25, 2024

How do you enforce your patents effectively to stop Amazon sellers from copying your product? Call US patent and trademark attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore working with us. A Patent Owner may submit a maximum of 20 ASIN numbers in an evaluation. APEX is for utility patents.

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Patent Trademark Blog

FEBRUARY 9, 2023

Keep in mind we’re talking about utility patents as opposed to design patents. Generally, design patent applications are much simpler since there is not much writing involved. You need to make sure the design patent drawings are illustrated properly pursuant to the strict USPTO design drawing rules.

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Garrigues Blog

JUNE 1, 2021

It’s the first anniversary of the Garrigues IP Blog. We take a look at our Top10 most-read posts in this first year of the IP Blog: The Influencers’ Code of conduct comes into force on January 1, 2021: are you aware of your obligations? Banksy Case: registration of a trademark in bad faith and the price of anonymity.

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Patent Trademark Blog

JANUARY 18, 2023

Besides software patents, ineligible subject matter can also arise in design patent applications. Trying to obtain a design patent on a two-dimensional artwork or graphic design without regard to the article can also lead to ineligible problems. appeared first on Patent Trademark Blog | IP Q&A.

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Patent Trademark Blog

DECEMBER 7, 2023

Call US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore how we can help you protect your online sales. Design Patent vs. Utility Patent: Which IP makes sense for Amazon sales? Design patents protect the ornamental appearance of a product while utility patents protect functionality.

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Patent Trademark Blog

MAY 11, 2022

What is the difference between counterfeiting and trademark infringing? The difference between trademark infringement and counterfeiting is a matter of the extent of copying. Register your trademarks to block the sale of competing goods that use a similar name or logo. Is it fake? Are you dealing with a fraudulent imitation?

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Greenspoon Marder LLP

MAY 15, 2019

As discussed here, in September 2018, an Illinois federal court judge ruled that UGG is not a generic term for sheepskin boots and that the United States owner of the popular UGG brand, Deckers Outdoor Corporation, was permitted to pursue its claims for trademark and design patent infringement against an Australian company, Australian Leather Ltd.

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IP and Legal Filings

JUNE 9, 2022

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. This blog states the key differences between the two which may help you to do the same. They have different provisions and benefits for registration although it is easy to be confused between the two.

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Patent Trademark Blog

OCTOBER 24, 2023

Should your first patent application be a utility or design patent application? You might be considering both a utility and design patent application. If you qualify as a micro entity, then you may want to file your utility nonprovisional patent application before your design patent application.

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Patent Trademark Blog

OCTOBER 24, 2023

Should your first patent application be a utility or design patent application? You might be considering both a utility and design patent application. If you qualify as a micro entity, then you may want to file your utility nonprovisional patent application before your design patent application.

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Technology & Marketing Law Blog

JANUARY 21, 2024

My SAD Scheme paper provided some data indicating that 88% of SAD Scheme cases involved trademarks, with only 6% each in copyright and patents. This is a design patent SAD Scheme case. Yet, the opinion takes a sour turn when the judge tries to explain why the joinder analysis might be different with trademark cases.

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IP Tech Blog

FEBRUARY 10, 2022

In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. I covered this topic in more details in a previous blog ( here ). It was a revolutionary provision.

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Patent Trademark Blog

NOVEMBER 30, 2022

Since your original product may qualify as prior art against a patent application for your new and improved product, adding non-obvious features will help make your new version more patentable. Use design patents to protect this new appearance. Would copyright protection be available for your original product?

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More Than Your Mark

AUGUST 27, 2021

Even major newspapers often get it wrong, saying a company has a patent on using a word or copyright on a technique or process. Here’s an easy guide to understanding the differences between copyright, patent, and trademark. What Is a Trademark? Trademarks protect symbols and identifiers. What Is a Copyright?

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Patent Trademark Blog

AUGUST 1, 2023

Even the methods of making food can be patented. Like any other invention, a food concept must be novel and nonobvious in order to be patentable. Need to obtain a food patent? Call patent and trademark attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore how we can patent your food concept.

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Patent Trademark Blog

MARCH 13, 2024

Utility patents are generally more complicated to review than design patents. Avoiding infringement of a utility patent requires that each independent claim be analyzed, and there might be several. Noninfringement of a design patent boils down to the appearance. How do you use noninfringement arguments?

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Patent Trademark Blog

MAY 26, 2023

It’s not the function, but the looks of your product that might be protectable if it’s too late to file a patent. These are the visual features that would have been appropriate for design patent protection. Can you trademark a product shape or feature? Product shape trademarks , therefore, are very rare.

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Patent Trademark Blog

OCTOBER 26, 2022

for examples of enabling and nonenabling patents. Can you keep your US patent application confidential? There a few options to file a confidential US patent application. First, US design patent applications are not published. So a US design patent will be made public if and when it’s granted.

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LexBlog IP

DECEMBER 17, 2021

Recommended Reading: Germain and Sitler, “The Constitution Commandeth: Thou Shalt Not Protect the Same Subject Matter Under Design Patent and Trade Dress Laws” [link] pic.twitter.com/JCpHwspoIH. —D938,144, for a design for a “Shoe”: [link] #DesignPatents pic.twitter.com/XWsAwvLqHH.

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LexBlog IP

MARCH 8, 2023

Save the Date to Attend the 16 th Annual USPTO Design Day The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.

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Patent Trademark Blog

JUNE 15, 2023

Would a design patent be worth your money and time? So far, most of the considerations above relate to utility patents. The cost to obtain a design patent is typically a fraction of what it costs to get a utility patent. The post Is a Patent Worth Your Money and Time?

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