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 …
Important Information Regarding Trademark Scams
Trademark owners should be aware of the existence of trademark scams. These scams include letters, emails, and phone calls designed to appear as if they are coming from an official source or agency, even from the United States Patent & Trademark Office, fraudulently attempting to obtain payments from trademark owners. It is important to be aware of how to identify …
What You Should Know About the Patent Disclosure and On Sale Bars
The journey to securing a patent is fraught with legal nuances and requirements. Two significant considerations that can impact the patentability of an invention are the “public disclosure” and “on-sale” bars. What Is the Public Disclosure Bar For Patent Applications? One of the fundamental principles governing patent eligibility is the requirement of novelty. An invention must be novel, meaning it …
Do You Need a Copyright, Trademark, or Patent?
Copyrights, trademarks, and patents are different types of intellectual property. It is important to know the differences between them in developing a protection strategy. What is a Copyright? A copyright is a type of intellectual property that protects original creative works. A copyright owner has the exclusive right to reproduce, adapt, publish, perform, and display the original works, as well …
International IP Litigation and Navigating Cross-Border Disputes
Each country has its own intellectual property laws and requirements and, when facing a cross-border intellectual property dispute, each country’s laws should be carefully considered. Challenges in International IP Litigation Disputes Some of the key issues and challenges arising in international IP litigation disputes include: How to Navigate Cross-Border Intellectual Property Disputes In many situations, companies may begin to establish …
How to Avoid Trademark Infringement
A trademark can be one of the most valuable assets of a business. If you have infringed on a third party’s trademark rights, it can have a significantly negative impact on your business. It is important to understand what constitutes trademark infringement to know how to avoid it and take proactive steps to prevent it. What is Considered Trademark Infringement? …
How to File a UDRP Complaint
Who Can File a UDRP Complaint? A Uniform Domain Name Dispute Resolution Policy (UDRP) complaint may be filed by a trademark owner who is involved in a domain name dispute. A domain name dispute may occur when there has been third-party use of a trademark within a domain name that is identical or confusingly similar to a trademark owner’s mark …
The Scope of Trademark Protection for Word Marks vs. Logos
It is a common misconception that applying for trademark protection for a logo (referred to as a stylized mark) also provides full protection for any text contained in the logo. While there is some protection for the text contained in a logo, there are some limitations. An application for a stylized trademark provides protection for the design elements as well …
What Happens if You Commit Copyright Infringement?
Committing copyright infringement can carry serious civil and criminal penalties. You may be liable even if the infringement was not intentional. If you are accused of committing copyright infringement, it is important to be aware of the steps you can take to address the matter and minimize your liability. What Constitutes Copyright Infringement? Copyright protection provides the creator or owner …
What is the Madrid Protocol?
An international treaty known as the Madrid Protocol makes it easier to register trademarks in numerous jurisdictions with a single application. The Madrid Protocol is managed by the World Intellectual Property Organization (WIPO) and provides companies and individuals with a simple and affordable option to safeguard their trademarks across multiple countries. How Does the Madrid Protocol Work? The Madrid Protocol …
