Erik K Pelton

AUGUST 13, 2020

An Office action is a response by the examining attorney at the US Patent and Trademark office, to an application. The applicant gets 6 months to respond, and there can be both procedural and substantive issues to address in an Office action, depending on what the contents are from the examining attorney.

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Patent Trademark Blog

SEPTEMBER 20, 2023

Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. It is possible to include a logo in your design patent application for a product.

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Patent Trademark Blog

DECEMBER 6, 2022

What does house mark mean? With a house trademark registration, you would have further rights to argue that a competitor is using a mark that has the likelihood of causing consumer confusion. What specimens should be filed in a house trademark application? The post What is a house mark?

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Patent Trademark Blog

JANUARY 31, 2024

What is Amazon Project Zero? Call US patent and trademark attorney Vic Lin 949-223-9623 or email vlin@icaplaw.com to explore working with us. Call US patent and trademark attorney Vic Lin 949-223-9623 or email vlin@icaplaw.com to explore working with us. Is Project 0 About Trademarks or Patents?

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Patent Trademark Blog

AUGUST 23, 2023

Our firm, Innovation Capital Law Group, offers unprecedented patent and trademark legal services under the Attorney Fee Guarantee SM brand. Our Attorney Fee Guarantee SM brand of services means the opposite of what it sounds like. The sole purpose of our knockout search is to determine your risk of a likelihood of confusion refusal.

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Erik K Pelton

MARCH 14, 2022

Patent and Trademark Office has a very robust website that has tons of useful information? Or you can search for competitor trademarks and see what they own, or see how they describe their goods and services, which can be useful in crafting a new application. Did you know that the U.S. You’ll see the USPTO loves acronyms.

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LexBlog IP

DECEMBER 21, 2023

15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. Design Patent No. Background Columbia asserted U.S. These products (e.g., On remand, the jury returned a verdict of non-infringement.

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Patent Trademark Blog

JANUARY 9, 2023

What does trademark allowance rate mean? With so many options for trademark filing services, how do you compare one trademark service to another? One way to determine a trademark attorney’s track record is to look at the trademark allowance rate. How do we calculate this approval rating? for TEAS Plus applications; 14.6%

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Patent Trademark Blog

APRIL 6, 2022

What are smarter ways to respond to trademark Office Actions? For example, a merely descriptive refusal will require a different approach than a likelihood of confusion rejection. What is a smarter approach to a likelihood of confusion refusal? This is where it pays to use an experienced trademark attorney.

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Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Patent D657,093. Columbia Sportswear N. 23-1052 (U.S. Swisa, Inc. ,

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The IPKat

APRIL 22, 2024

If you were too busy enjoying the spring sunshine to follow the IP news last week , here's the summary of what you missed. Patents A Kat enjoying her time in the sun. The case highlights what will count as "relevant" circumstances (e.g. The case highlights what will count as "relevant" circumstances (e.g.

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Patent Trademark Blog

MAY 15, 2023

Why Amazon Brand Registry Matters to Patent Owners Amazon sellers who own patents will want to take full advantage offered by Amazon Brand Registry for enforcing utility patents and handling design patents. Need a registered trademark to maximize full benefits of Amazon Brand Registry? How can you avoid these pitfalls?

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43(B)log

SEPTEMBER 5, 2023

I’m going to ignore the patent claims. Defendant SBC sent a ninety-page document titled “Design Manual” to at least six prospective clients, including the statement: “These patented methods have now been tested and qualified for use on projects in accordance with governing building codes (AISC 341).”

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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. What seems so hard about looking at two designs and determining whether appear substantially similar to an ordinary observer? In Lanard Toys, Ltd.

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Patently-O

DECEMBER 7, 2023

by Dennis Crouch In patent law, product copying can serve as indirect evidence of non-obviousness. A pending petition before the Supreme Court asks a similar question in the trademark realm – to what extent does copying of a product serve as evidence of secondary meaning of the product associated trade dress.

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IPilogue

AUGUST 10, 2022

Patent and Trademark Office (“USPTO”) granted The Ohio State University trademark protection for the most common English word : “THE”. To avoid confusion, Ohio State University rebranded itself as The Ohio State University. Instead, the trademark protection is narrowed to unauthorized uses of the mark that confuse consumers of source.

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The IPKat

JANUARY 27, 2024

If you're still recovering from a big week and haven't had the energy to catch up on the IP news, here's the summary of everything you missed: Patents This Kat is still recovering too. The BoA confirmed that the shape lacked inherent distinctiveness, as it did not deviate significantly from what is customary in the tent sector.

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Patent Trademark Blog

JULY 26, 2021

What are the different types of trademark refusals? What is the confusion refusal? This is arguably the most subjective and common refusal a trademark application may encounter: the notion that the applied-for mark is confusable with another registered mark. What is the descriptiveness refusal?

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43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’m going to start by going back to some earlier cases, Two Pesos v. Taco Cabana, from 1992. Then, in Lexmark v.

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Patently-O

DECEMBER 12, 2023

In its brief, the Federal Circuit argues that the Federal Circuit’s incomplete list could be used in the future to limit the bases for cancellation to only those listed. “The USPTO is concerned that the opinion text quoted above will result in confusion in later cases about what grounds are available to cancel a registration.”

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Patent Trademark Blog

FEBRUARY 6, 2024

What is a Certification Mark? Contact US patent and trademark attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore working with us. That means an applied-for certification mark must not have a likelihood of confusion with any prior trademark registrations. Need to register a certification mark?

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The IPKat

SEPTEMBER 18, 2021

This Kat is waiting watchfully What weekend could fail to be brightened by a jaunt around the IP blogs? Over on Comparative Patent Remedies, Tom Cotter reported on a precedential decision of the US Federal Circuit which reaffirmed that Section 287 (the patent marking statute) requires actual notice of infringement for damages to apply.

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Patent Trademark Blog

JULY 5, 2022

What is a Notice of Opposition to your trademark application? Are they alleging likelihood of confusion with their trademarks? What circumstances would warrant an extension or suspension of the opposition proceeding? What are realistic cost estimates for the results you wish to achieve? Aim for An Early Settlement.

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Patent Trademark Blog

APRIL 20, 2022

What is the #1 factor in filing a trademark application? What should be the most important factor in filing a trademark application? What is the #1 thing to consider when you’re hiring a trademark attorney? But what will you do if and when your trademark application is rejected? I’m not surprised.

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The IPKat

JANUARY 16, 2022

Take shelter in this post and check what was published last week around the IP blogs. Patents The IPWatchdog posted an article about the changing risks – in the economic and legal sense – over time and the implications of these changes for patent licensing dynamics. Jamaica is the 110th Member State to join the Madrid Protocol.

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Patent Trademark Blog

JULY 11, 2023

In other words, what you do before filing a trademark application will significantly impact whether or not you can register your trademark. The standard for refusing the registration of a trademark is whether there is a likelihood of confusion with any registrations. What is this rejection? There’s a problem.

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The IP Law Blog

JULY 14, 2022

At least, that is what Ohio State University attested to in a declaration to the USPTO in response to an office action where the USPTO’s examining attorney had refused to register the mark because the examiner believed it was ornamental in nature, meaning that the use was decorative, not a designation of source.

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IP Intelligence

JUNE 15, 2023

When artistic expression is at issue, however, the general likelihood-of-confusion test fails to account for the full weight of the public’s interest in free expression. Grimaldi , 875 F.2d 2d 994 (2d Cir. Where applicable, the Rogers test is a powerful defense against claims of trademark infringement and dilution.

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Patently-O

JANUARY 12, 2023

The Patent Eligibility Restoration Act should be modified to prevent the reintroduction of patents on naturally-occurring genomic sequences that are isolated and purified in the lab, a change that will enable international pathogen research to continue while interfering little with private incentives to develop new biomedical technologies.

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Patently-O

APRIL 20, 2023

Charger presented several arguments centering on the du Point factors used to determine whether a proposed mark “so resemble a registered mark as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion, mistake, or to deceive.” ” Section 2(d). Refusal Affirmed.

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43(B)log

DECEMBER 23, 2021

This court answers yes, though limits the effect of that by applying what looks like ordinary false advertising analysis. FireBlok owns a patent on a system and method for suppressing fire in electrical boxes using intumescent material. The labels of both products include the Underwriter Laboratories (UL) certification mark.

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Patent Trademark Blog

MARCH 10, 2022

What are the requirements for expungement? In other words, the USPTO will re-examine what happened in the past to determine if there were actual usages of the mark. What do both events above have in common? When would an expungement or reexamination be available? These two fancy names bear good news for trademark challengers.

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LexBlog IP

FEBRUARY 16, 2024

Patent and Trademark Office based on it being invalid? For trademark registrations within five years, the grounds for cancellation of a trademark registration include the likelihood of confusion, abandonment, dilution, deceptiveness, and whether the mark is merely descriptive or has become generic or functional. See 15 U.S.C.

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The IPKat

FEBRUARY 14, 2023

This Kat wondered on what basis the fast food company could sue Saint Laurent , if such a dispute were ever to arise. This case illustrates the reluctance of the General Court to find a likelihood of confusion on the basis of weakly or even non-distinctive elements. Marcel Pemsel summarised each of these important changes.

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The IPKat

MAY 11, 2022

What about the EU? What are the next steps? COPYRIGHT Likelihood of confusion posted about a recent Massachusetts copyright decision involving moral rights. The IP blogs were very active during the last week of April! That's why the IPKat is here to collect some of the most notable posts for you!

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Patently-O

MAY 9, 2024

As the dissent by Justice Gorsuch notes, this is a big caveat for the case, and there is some likelihood that in a separate case the court will entirely eliminate the discovery accrual rule. Nealy , No. 22-1078, 601 U.S. 2024) , resolving a circuit split over the availability of back-damages in copyright infringement cases. Petrella v.

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Patent Trademark Blog

JULY 7, 2022

What is a trademark counterclaim? For example, if the plaintiff has alleged likelihood of confusion and priority, they might plead at least one owned registration for a trademark that is arguably similar to your mark. Compulsory Counterclaims vs. Permissive Counterclaims: What are the differences? Timing is crucial here.

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