JD Supra Law

MAY 9, 2024

On April 11, 2024, the United States Patent and Trademark Office (USPTO or Office) published new guidance on the use of artificial intelligence (AI) based tools in connection with preparing and prosecuting patent and trademark applications, and other filings before the USPTO.

Trademark 63

Trademark Patent Publishing 63

JD Supra Law

MAY 16, 2024

On May 10, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking to add a new requirement for terminal disclaimers filed to obviate nonstatutory double patenting rejections to the public for comment. Comments can be submitted via this link until July 9, 2024.

Trademark 61

Trademark Patent 61

JD Supra Law

MAY 8, 2024

The United States Patent and Trademark Office (USPTO) recently issued its “Inventorship Guidance for. John Harmon is a shareholder in both the Mechanical and Chemical & Materials Technologies Practices at Wolf Greenfield. By: Wolf, Greenfield & Sacks, P.C.

Intellectual Property 75

Intellectual Property Technology Trademark Patent 75

JD Supra Law

FEBRUARY 28, 2024

Over the last several months, the United States Patent and Trademark Office (“USPTO”) publicized its attention to the impact of artificial intelligence on U.S. patent practice. Shortly thereafter, on February 12, 2024, the USPTO issued its. By: Arnall Golden Gregory LLP

Patent 106

Patent Trademark 106

Likelihood of Confusion

MARCH 5, 2024

I’m glad I got my grumbling in before this hit my inbox: The International Trademark Association (INTA) is pleased to announce the launch of its Pro Bono Trademark Clearinghouse. An initial two-year pilot program will take place in Germany and the United States, after which the Clearinghouse will be expanded to other countries.

Trademark 98

Trademark Law 98

JD Supra Law

APRIL 10, 2024

The Director of the United States Patent and Trademark Office (USPTO) established the interim process for Director Review of Patent Trial and Appeal Board (PTAB) decisions in the wake of the Supreme Court’s 2021 decision in United States v. By: Fish & Richardson

Trademark 61

Trademark Patent 61

JD Supra Law

FEBRUARY 23, 2024

We previously discussed the United States Supreme Court’s June 2023 Jack Daniel’s Properties, Inc. VIP Products, LLC decision, which altered the way the “Rogers test,” a doctrine designed to protect First Amendment interests in the trademark context, should be applied. A recent decision out of the Ninth Circuit, Punchbowl, Inc.

Trademark 117

Trademark Designs Design Business 117

IP Watchdog

MARCH 14, 2024

The United States Patent and Trademark Office (USPTO) recently released new guidance to patent examiners on making obviousness rejections. The guidance focuses on post-KSR precedential jurisprudence from the U.S. Court of Appeals for the Federal Circuit. Some of the guidance is fairly mundane, some of it is not.

Trademark 105

Trademark Patent Patent Prosecution Intellectual Property 105

Likelihood of Confusion

MARCH 13, 2024

: [P]hrases containing some form of “God” have been trademarked [sic] more than 3,400 times in the United States: “God answers knee-mail” and “All God’s Children Got Issues” and, of course, “T.G.I. But where you have trademarks, you also have trademark infringement.

Trademark 87

Trademark Fair Use Trademark Law Law 87

JD Supra Law

MARCH 21, 2024

Katherine Vidal, Director of the United States Patent & Trademark Office, Case No. The US Court of Appeals for the Federal Circuit vacated and remanded a Patent Trial & Appeal Board decision after concluding that the patent owner’s proposed construction would require the parties to construe the construction.

Trademark 98

Trademark Patent 98

JD Supra Law

MAY 3, 2024

The United States Patent and Trademark Office (USPTO) is requesting public comment on how they can accelerate and incentivize the commercialization of innovative technologies. Public comments can be submitted via this link by May 14, 2024. By: Wilson Sonsini Goodrich & Rosati

Trademark 63

Trademark Patent Technology 63

JD Supra Law

APRIL 24, 2024

Two of the busiest airports in the United States are battling with their smaller counterparts to retain trademark rights in the name of the major cities the airports serve.

Trademark 63

Trademark 63

JD Supra Law

MAY 3, 2024

On April 30, 2024, the United States Patent and Trademark Office (USPTO) published a Request for Comments (RFC) seeking stakeholder input on fifteen questions regarding artificial intelligence (AI) and its impact on (1) prior art, (2) the knowledge of a person having ordinary skill in the art (PHOSITA), and (3) related patentability determinations.

Art 63

Art Publishing Trademark Patent 63

IP Law 360

FEBRUARY 6, 2024

United States Patent and Trademark Office Director Kathi Vidal issued a memorandum on Tuesday saying the agency's existing mechanisms are adequate to tackle attorney conduct — and misconduct — related to the use of artificial intelligence tools, but promised to provide more guidance in the next few months.

Trademark 98

Trademark Patent 98

JD Supra Law

FEBRUARY 2, 2024

Investigations pursuant to section 337 of the Tariff Act of 1930 at the United States International Trade Commission (“ITC”) determine “whether there is unfair competition in the importation of products into, or their subsequent sale in, the United States.” By: Haug Partners LLP

Patent Infringement 77

Patent Infringement Trademark Patent 77

JD Supra Law

APRIL 17, 2024

On April 16, the United States Patent and Trademark Office (USPTO) published a Notice of Proposed Rulemaking (NPRM) regarding Director Review of Patent Trial and Appeal Board (PTAB) decisions. By: Fish & Richardson

Publishing 63

Publishing Trademark Patent 63

JD Supra Law

MARCH 14, 2024

Your company’s trademarks are an integral part of its brand and identity. Registering your trademarks with the United States Patent and Trademark Office provides valuable advantages for defending against trademark infringement by competitors and enforcing your intellectual property rights.

Branding 66

Branding Brands Branding Trademark 66

IP Watchdog

APRIL 30, 2024

Court of Appeals for the Federal Circuit (CAFC) today issued a precedential trademark decision affirming a Trademark Trial and Appeal Board (TTAB) ruling that sustained Framboise Holdings, Inc.’s Trademark Application Serial No. s opposition and refused registration of Jalmar Araujo’s mark #TODECACHO.

Ownership 59

Ownership Trademark Registration Designs 59

JD Supra Law

APRIL 25, 2024

The US Court of Appeals for the Fourth Circuit affirmed a district court’s summary judgment grant in a trademark dispute, finding that the district court did not err in concluding that a subset of design elements lacked distinctiveness in the public’s view. Katherine Vidal, Director of the United States Patent and Trademark Office, Case No.

Licensing 63

Licensing Designs Design Trademark 63

JD Supra Law

FEBRUARY 15, 2024

In accordance with an executive order on the use of artificial intelligence (“AI”), the United States Patent and Trademark Office (“USPTO”) published guidance on February 13, 2024, that explained that a human can obtain a patent even in instances where “an AI system—like other tools—could perform acts that, if performed by a human, could constitute (..)

Invention 71

Invention Patent Publishing Trademark 71

JD Supra Law

DECEMBER 11, 2023

The US Patent and Trademark Office (USPTO) has published a notice with supplemental guidance for its staff members examining design patent claims that include computer-generated images.

Publishing 109

Publishing Designs Design Patent 109

JD Supra Law

OCTOBER 23, 2023

The blog post, “What are the Types of Trademarks,” explained the distinction between Trademarks, Service Marks, State Marks, Federal Marks, and Common Law Marks, which are common types of protection for marks in the United States. This blog post concentrates on protecting marks outside of the United States.

Registration 71

Registration Trademark Service Mark Blogging 71

JD Supra Law

DECEMBER 12, 2023

Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of design patent applications related to computer-generated electronic images. As noted by the USPTO, the guidance does not provide any new practice or procedure but. By: Kilpatrick

Design Patent 112

Design Patent Designs Design Patent 112

JD Supra Law

APRIL 1, 2024

In the world of trademarks, specimens of use (or proof of use) play a crucial role in obtaining and maintaining a trademark registration with the United States Patent and Trademark Office (“USPTO”). So, grab your magnifying glass (figuratively, of. By: Faegre Drinker Biddle & Reath LLP

Trademark 66

Trademark Art Blogging Registration 66

JD Supra Law

APRIL 19, 2024

On April 16, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking (NPRM) regarding Director Review of Patent Trial and Appeal Board (PTAB) decisions in America Invents Act (AIA) proceedings. By: WilmerHale

Government 58

Government Invention Patent Trademark 58

IP Watchdog

MAY 1, 2024

The United States Patent and Trademark (USPTO) today announced a “National Strategy for Inclusive Innovation” in advance of a World IP Day event being held on Capitol Hill.

IP 64

IP Trademark Patent Inventor 64

JD Supra Law

APRIL 23, 2024

One year ago, the United States Patent and Trademark Office (USPTO) issued an Advance Notice of Proposed Rulemaking (ANPRM) that set forth several ideas related to America Invents Act (AIA) proceedings before the Patent Trial and Appeal Board (PTAB). By: Fish & Richardson

Invention 63

Invention Publishing Trademark Patent 63

43(B)log

APRIL 29, 2024

23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the United States. The products circulate worldwide; “a product manufactured in Germany is often destined for another country, like the United States.” tradeshows.

Advertising 59

Advertising Advertising Trademark Branding 59

JD Supra Law

MAY 2, 2024

Most inventors can attest to the surprise they felt upon learning that the United States Patent and Trademark Office (USPTO) likely will not respond to their first patent application for a couple of years after filing. Essentially, the program allows. By: Dickinson Wright

Inventor 61

Inventor Patent Application Patent Designs 61

JD Supra Law

APRIL 8, 2024

In response to the rapidly evolving landscape of innovation and the integration of artificial intelligence (AI) into creative processes, the United States Patent and Trademark Office (USPTO) issued guidance effective February 13, 2024.

Patent 66

Patent Invention Designs Design 66

JD Supra Law

APRIL 16, 2024

The latest, entitled Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the United States Patent and Trademark Office, 89 FR 25609 (April 11, 2024) (the “Guidance”) comes on the heels of the Final Rule: Signature Requirements Related to Acceptance of…. By: McDonnell Boehnen Hulbert & Berghoff LLP

Trademark 61

Trademark Patent 61

IP Watchdog

MARCH 27, 2023

Elsewhere, the United States Patent and Trademark Office (USPTO) hosts the third event of the 2023 Women’s Entrepreneurship Symposium. Also, the Information Technology and Innovation Foundation (ITIF) discusses the future of manufacturing innovation in Germany and the United States.

Technology 105

Technology IP Business Trademark 105

The IPKat

MAY 11, 2024

The fruit industry news has been abuzz this week with reports that a new pineapple will soon be hitting the market in the United States. Why does the patent use a different name from the registered trademark? These denominations cannot be registered as trademarks - for example, under Article 7.1(m) Images from Pixabay.

Trademark 104

Trademark Registering Trademarks Marketing Marketing 104

TorrentFreak

FEBRUARY 16, 2024

Lawsuits filed in the United States targeting pirate sites usually focus on breaches of copyright law, typically direct and secondary infringement, or violations of the DMCA, depending on individual circumstances. Complaint Targets Kokoa TV Plaintiff Wavve Americas Inc. (wA)

Copyright 112

Copyright Trademark Copyright Infringement Registration 112

JD Supra Law

FEBRUARY 21, 2024

The United States Patent and Trademark Office (USPTO) has announced the retirement of its Electronic Patent Assignment System (EPAS) and Electronic Trademark Assignment System (ETAS) and the launch of its new Assignment Center. By: Fox Rothschild LLP

Trademark 61

Trademark Patent 61

Olartemoure Blog

MAY 3, 2024

The Intellectual Property Court of Japan denied the registration of a color trademark requested by Hermès. With this denial, Hermès joins the list of companies that failed to register their color trademarks in Japan. In 2023 this was the case for Louboutin, who failed to register its red color.

Registration 52

Registration Trademark Intellectual Property Trademark Requests 52

JD Supra Law

APRIL 25, 2024

On April 19, 2024, the United States Patent and Trademark Office (USPTO or Office) issued proposed modifications to the rules of practice for inter partes review (IPR) and postgrant review (PGR) proceedings before the Patent Trial and Appeal Board (PTAB or Board). By: Weintraub Tobin

Invention 61

Invention Trademark Patent 61