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How to Handle a Trademark Rejection: File a Design Patent Instead?

Patent Trademark Blog

Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Before making that decision, keep in mind the 1-year grace period for filing US patents. Rejected Trademark Application?

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New USPTO Design Patent “Bar” to be Created in 2024

LexBlog IP

The United States Patent and Trademark Office (“USPTO”) is amending the rules of practice in patent cases by creating a separate space for individuals with educational backgrounds in design-related disciplines to qualify to practice before the USPTO in the limited capacity of design patent application proceedings.

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Should you protect your product with a design patent?

Patent Trademark Blog

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. Is a functional product disqualified from design patent protection?

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Proposed Changes to U.S. Patent Practice: Creation of a Design Patent Practitioner Bar

LexBlog IP

Patent Practice: Creation of a Design Patent Practitioner Bar by John DeStefano The United States Patent and Trademark Office (USPTO) has proposed a significant change to the rules of practice in patent cases. Enable more underrepresented groups to practice design patent law. Proposed Changes to U.S.

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Can you file a design patent continuation application?

Patent Trademark Blog

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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How to Protect and Trademark Your Clothing Brand

Patent Trademark Blog

How to Register IP for your Clothing Your new clothing brand may have a variety of IP to protect. 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. Need to protect your clothing brand?

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What is subject matter eligibility?

Patent Trademark Blog

Besides software patents, ineligible subject matter can also arise in design patent applications. Take a graphical user interface (GUI) , for example. 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.