There is a misconception that registering a business name with the state provides unlimited rights to use the name in connection with your brand. However, a business name ≠ a trademark. Thus, a company that registers a business name alone may not have any rights to prevent another from using the same name in connection with their brand. Registering a business name with …
Patent vs. Trade Secret
There is no blanket answer to the much asked question: Do I seek patent protection for my invention or maintain a trade secret? Every situation will vary depending on what is sought to be protected. While a trade secret can theoretically last forever, as long as the invention remains a secret, a patent granted in the U.S. provides the patent owner with the right …
Brand Protection: Counterfeit, Knockoffs & Parallel Imports
Counterfeiting The term counterfeit is defined as something made in imitation of something valuable or important with the intention to deceive or defraud. Counterfeiting is illegal, punishable in most countries both criminally and civilly. With their factories producing 67% of the worlds supply, China leads the world in sales of counterfeit goods. When it comes to counterfeiting, money and luxury goods …
New Rules: International Design Patent Applications
On February 13, 2015 the United States took the final steps to becoming a member of the Hague Union. The USPTO recently published the final rules governing the implementation of the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs (“Hague Agreement”), which take effect beginning May 13th 2015. Much like the Patent Cooperation Treaty for the international submission of utility applications, under the …
Preventing The Loss of Your Trademark Rights
Trademark rights may be granted for the actual use of a mark or for the bona-fide intent to use a mark as a source identifier of goods and services in commerce. However, where adequate precautions are not taken these rights can be lost. Loss by non-use In the United States, if a trademark owner discontinues use of their mark without …
