Patent prosecution and patent litigation are two distinct processes, involving different rules and objectives. What is Patent Prosecution? Patent prosecution is the process through which a patent is examined and granted. During patent prosecution, an examiner at the patent office reviews a patent application and may issue office actions detailing certain objections and rejections. These objections and rejections may be …
Conducting a trademark search is an important step when launching a brand. A trademark clearance search can uncover potential risks that could result in future conflicts and expensive litigation. While a search may be conducted for any type of mark, there are some additional considerations when clearing a stylized trademark versus a word mark. What is a Word Mark? A …
The phrase “patent pending” seemingly carries significant weight, but its legal significance is often misunderstood. Patent Pending Defined The phrase “patent pending” may be used in relation to an invention from the date that a patent application disclosing that invention is submitted to the patent and trademark office. Misuse of the phrase can have serious ramifications. Under 35 U.S. Code …
Trademark cancellation and opposition proceedings are initiated by parties who believe they will be or are harmed by the registration of a certain trademark. The Trademark Trial and Appeal Board (TTAB) of the USPTO adjudicates these proceedings. The main difference between the two proceedings is that cancellation proceedings are filed against existing registrations and opposition proceedings are filed against pending …
A copyright is a type of intellectual property right that protects original works of authorship that are fixed in a tangible form. A copyright owner has the exclusive right of reproduction, adaptation, publication, performance, and display of the original works, as well as the right to authorize third parties to exercise these rights. Generally, copyright infringement occurs when copyrighted material …
Intellectual property is often the most valuable asset of a business. Intellectual property laws play a significant role in promoting and protecting innovation by affording legal rights to creators, inventors, and businesses to their inventions, brands, works of authorship, and trade secrets. The Importance of Intellectual Property For Your Business Intellectual property protection can enhance a business’s valuation and attractiveness …
Certain sounds, that utilize auditory elements including music notes and voices, may be protectable under US trademark law. These marks are referred to as sound marks. A sound mark refers to distinguishing audio that companies or businesses use to set themselves and their products apart in the marketplace, similar to a word or design trademark. Some well-known sound marks include the …
The recent Supreme Court decision in Jack Daniels Properties Inc. v. VIP Products LLC, may have lasting impacts on trademark adoption and enforcement strategies of brand owners and businesses. VIP Products, which sells dog toys, created a dog toy that looked remarkably similar to a bottle of Jack Daniel’s Whiskey. Jack Daniel’s sued VIP for infringement of their trade dress …
Trademark infringement is the unauthorized use of a trademark or a service mark on or in connection with goods or services in a manner that is likely to cause confusion as to the source of the goods or services. Trademark infringement can result in the loss of goodwill in a brand, the weakening of the brand’s recognition, and the loss …
A trademark application must properly identify the correct owner of the trademark. Not doing so may invalidate the application or resulting registration. There may be no remedy for listing the wrong owner of a trademark on an application, other than starting the entire process over. Whether you are an individual, own your own business, are in a partnership, or belong …
