Intellectual Property Law Blog

NOVEMBER 22, 2021

Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices. Filing patent applications under PPH can drastically reduce time it takes to prosecute the patent applications.

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Patent Trademark Blog

MAY 16, 2024

Can you patent a consumer product? Even a slight improvement might make a consumer product worthy of a patent. You can choose not to pursue patents, but what would be your backup plan? When competitors start copying your innovative product, what is your fallback strategy to stop them? Why bother patenting?

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Erik K Pelton

NOVEMBER 1, 2021

The following is an edited transcript of my video, Having Trademark Registration is Like Double Insurance for Your Brand. What does this have to do with trademarks?!? Trademark registration, believe it or not, is just like that insurance and that smoke detector and fire extinguisher for your brand.

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Erik K Pelton

JANUARY 12, 2022

The USPTO recently announced, via notice in the Federal Register , that it intends to issue electronic trademark registration certificates, and only will print physical certificates upon request and with a small fee ($25 per copy). EMP&A is a boutique trademark law firm located in Falls Church, Virginia. 238 at page 71249.

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Patent Trademark Blog

APRIL 6, 2023

The Old Days: Paper Patent Certificates It was only a matter of time. For those who prefer having physical originals, say goodbye to paper patent certificates. I remember, for example, when the original patent certificate was required in filing a reissue application. How will the electronic grant of patents work?

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IP Law 360

JANUARY 20, 2023

A company that makes distinctive cocktail glass-shaped and branded golf tees filed a lawsuit against a golfing novelty store in Georgia federal court, alleging the retailer ripped off its patented design and trademarked packaging, after agreeing not to sell copies of the tees.

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JD Supra Law

OCTOBER 27, 2021

When a patent is issued under the seal of the United States Patent and Trademark Office, it is signed by the Director of the USPTO or an Office official. The patent contains a grant to the patentee, and a printed copy of the specification and drawing is annexed to the patent and forms a part of it.

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Patently-O

APRIL 17, 2024

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

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JD Supra Law

MARCH 1, 2023

After centuries of issuing paper patents to inventors, the U.S. Patent and Trademark Office will soon transition to only electronic issuance, with patent holders able to receive a printed “ceremonial” copy to display proudly if they wish. By: Procopio, Cory, Hargreaves & Savitch LLP

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Patently-O

JULY 30, 2021

A potentially important product design trademark case is pending before the U.S. Glico sued for trademark infringement, asserting Glico’s trademark rights in the product design of chocolate-covered elongated rod biscuits. The district court found that the design is functional and therefore not protectable by trademark.

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Erik K Pelton

OCTOBER 6, 2020

Trademark registration with the United States Patent and Trademark. as low as $225, and the resulting trademark registration provides a. Registered trademarks appear in the USPTO’s online database, the first place most companies and trademark lawyers look when. trademark can even be assigned a dollar value.

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Patent Trademark Blog

OCTOBER 26, 2022

Patent your idea or keep it secret? If you have a simple product that others can easily copy, you wouldn’t be thinking about keeping anything confidential. Keep it secret or file a patent ? There is a tradeoff when you file a patent. Don’t apply for a patent. What if your patent is not enabling?

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The IPKat

JANUARY 27, 2022

On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products. The trademark depicts the shape of the Chanel No. 5 perfume bottle. T 862/19 ). This claim, too, was unsuccessful.

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IP Watchdog

OCTOBER 23, 2022

Patent and Trademark Office (USPTO) is currently assessing comments collected pursuant to a pair of requests for public input, one focused on the agency’s subject matter eligibility guidelines for examining patent applications for 35 U.S.C. § Supreme Court case law.

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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 Patent? Patents protect inventions. What Is a Copyright?

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Indiana Intellectual Property Law

MARCH 2, 2023

Patent and Trademark Office (USPTO) is shifting towards issuing paper waste-reducing electronic patent grants (eGrants) to patent recipients—a new process that delivers the official copy of patent grants in an electronic format. Beginning April 18, 2023, the U.S.

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Erik K Pelton

JUNE 2, 2021

The following is an excerpt from my video 5 Trademark Lessons from a Year of Pandemic and Quarantine. I want to share with you five trademark lessons that I have learned from the last year, and how trademarks and brands and businesses have dealt with the pandemic. Trademark filings are up significantly.

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Patent Trademark Blog

MAY 26, 2023

Is it too late for you to file a patent? Did you miss a patent filing deadline? Or, did you not even know that patents had to be filed by a certain time after you begin selling your product ? Is there still a way to get IP if you’re too late to patent your products? Can you trademark a product shape or feature?

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Patent Trademark Blog

JULY 27, 2021

Is the trademark examiner a licensed attorney? Yes, trademark examiners at the USPTO are licensed attorneys at law. That is why they are called examining attorneys as opposed to trademark examiners. Knowing your audience plays a significant role in crafting a strategy to overcome a trademark refusal. It depends.

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SpicyIP

JULY 14, 2021

We are pleased to bring you a guest post by Tahhira Somal, exploring existing frameworks of non-conventional trademarks, particularly those of smell marks, and assessing their role in the protection of certain traditional cultural expressions. One type of such non-traditional trademarks is a smell or scent mark. Image from here.

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IP and Legal Filings

SEPTEMBER 8, 2023

Introduction A ‘smell trademark’ being intangible in nature of it’s representation for registering as a trademark, has been a considerable opposition for the owners who deals with products like soaps, perfumes, creams, cosmetics, body lotions, and so on. the famous case of Ralf Seikmannv.

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Patent Trademark Blog

DECEMBER 12, 2022

What is the filing deadline for a US design patent based on a foreign priority application? When it comes to filing related patent applications across different countries, filing dates are critical. A US design patent application must be filed within six months of your foreign priority date.

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The IP Law Blog

JANUARY 13, 2022

Business owners often ask whether they should protect their intellectual property with a trade secret or a patent. A patent protects an invention. Thus, there is some overlap between what can be protected by a trade secret or a patent. The invention must meet several requirements in order to be patentable.

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Above the Fold

AUGUST 29, 2021

ICYMI, a new Trademark Manual of Examining Procedure (TMEP) was released by the United States Patent and Trademark Office (USPTO) last month. The TMEP is a necessary tool for trademark practitioners. If you have not yet downloaded and saved a copy of the July 2021 TMEP, you can do so here.

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The TTABlog

JANUARY 9, 2023

Relying on a string of TTAB precedents, the Board observed that informational matter fails to function as a trademark if it comprises a common term or phrase that consumers are accustomed to see in use by various sources to convey ordinary, familiar, or generally understood concepts or sentiments, rather than serving as a source indicator.

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Patent Trademark Blog

MARCH 16, 2022

What makes a design patent better? Design patents are quite simple. You do a bit of research into the differences between a design and utility patent , and conclude that design is the way to go. Your patent attorney will have an illustrator prepare the drawings, and then file the design patent application.

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JD Supra Law

MARCH 29, 2023

In its ongoing efforts to modernize patent examination practices, the United States Patent and Trademark Office (USPTO) has announced it will transition to electronic patent grants (eGrants) and discontinue mailing traditional paper copies of a letters patent. By: Lowenstein Sandler LLP

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JD Supra Law

MARCH 23, 2023

Patent and Trademark Office (USPTO) will begin issuing patent grants electronically. Here is what that means: •Patents will issue much more rapidly (such as just a few days) from the date the issue fee is paid. The USPTO will phase out the mailing of a paper ceremonial copy (ribbon copy) of a U.S.

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JD Supra Law

MARCH 21, 2023

Patent and Trademark Office will transition to electronic patent issuance under which the official copy of the patent will be provided in an electronic format with a cover sheet having a digital seal and signature, and available on the day of grant. This applies to utility, design, plant, and reissue patents.

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The IP Law Blog

MARCH 5, 2021

, the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic. This is commonly referred to as Genericide.

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43(B)log

AUGUST 4, 2021

Dmitry Karshtedt: Overlap with constitutional issues in patent: resolution of claims in administrative proceeding. Dmitry Karshtedt and Sean Pager, Volition and Intent in the Law of Direct Copyright Infringement Patent and © treat these areas very differently. Netcom raised the problem of volition for copying for online servers.

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LexBlog IP

AUGUST 29, 2021

ICYMI, a new Trademark Manual of Examining Procedure (TMEP) was released by the United States Patent and Trademark Office (USPTO) last month. The TMEP is a necessary tool for trademark practitioners. ” If you have not yet downloaded and saved a copy of the July 2021 TMEP, you can do so here.

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IP Watchdog

JANUARY 27, 2023

This week in Other Barks & Bites: Nike sues BAPE for copying its shoe design; the five largest patent offices announce an increase of 10% in patent grants for 2022; and Hershey settles a trademark dispute with a California cookie company; and the Information Technology and Innovation Foundation (ITIF) condemns the Indian government’s takedown (..)

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IIPRD

MARCH 4, 2024

For Example, Person A used the trademark of Nike to defraud the public and to cause the loss to original Nike by selling duplicate products. So, this is an infringement of trademark and Nike can sue Person A for using its trademark without consent and causing loss to its goodwill. What are the rights in Intellectual Property?

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Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. For trademark infringement under the Lanham Act, likelihood of consumer confusion is a key requirement. For design patent infringement, however, likelihood of consumer confusion is not directly relevant.

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LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. For starters, Bob’s Burgers is already a trademark belonging to someone else. Can you use it in the ways you want to?

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JD Supra Law

MARCH 2, 2023

On February 28, 2023, the US Patent & Trademark Office (PTO) issued a final rule announcing it would begin issuing electronic patent grants (eGrants) starting April 18, 2023. These eGrants are the official copies of patent grants in an electronic format. By: McDermott Will & Emery

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