A “poor man’s patent” has been thought to be a cheap and quick way of securing rights to an invention. But what is a poor man’s patent? A ‘Poor Man’s Patent’ Defined The phrase “Poor Man’s Patent” is used to describe the process of mailing a postmarked written description of an invention to oneself as evidence of the date that …
How to Protect a Trade Secret
Trade secrets are protected under both federal and state laws. The Defend Trade SecretsAct of 2016 (DTSA) allows U.S. companies to protect against and remedy misappropriation oftrade secrets in federal court. Identifying and protecting trade secrets can be crucial to the success of a business. A trade secret is information, formulae, patterns, compilations, programs, devices, methods, techniques, or processes that …
How to Protect My Jewelry Designs
Jewelry designs may be protectable under US intellectual property laws. Jewelry designs are generally unique and intricate works of art that require creativity, skill, and craftsmanship and can consist of a wide range of elements, including the arrangement of gemstones, the shape and form of various metals, and their overall aesthetics. There are a few possible ways of securing intellectual …
What to Do If Your Trademark is Rejected
If a USPTO examining attorney believes that your trademark does not comply with the trademark registration requirements, your trademark application will be rejected. This could be for a number of reasons, such as a likelihood of confusion between your mark and another registered trademark, your mark failing to function as a trademark, or your mark being perceived as descriptive or …
Six Common Mistakes to Avoid When Registering a Trademark
Before a trademark application is submitted to the United States Patent and Trademark Office, a large amount of time and money may have already been invested into the selection of the mark. The process of trademark registration can take 18 months or more. Mistakes on a trademark application can, at best, cause further delay and require additional expense, and at …
Five Reasons Why Your Trademark May Be Rejected
Trademark applications are reviewed by an examining attorney at the USPTO before they are approved for registration. If the examining attorney finds reasons to refuse your application, they will issue an Office Action with details on the reasons for refusal. We have described 5 common reasons for refusal of trademark applications below. 1) Likelihood of Confusion Likelihood of confusion is …
Everything You Need to Know About Domain Name Disputes
A website is often a natural extension of a business’ offline presence. A domain name that reflects a business name or trademark serves as an important tool to attract customers and build brand recognition. As a result, domain name registration is typically part of a branding and marketing strategy. Abusive registrations of domain names by third parties to monetize on …
Four Mistakes That Can Render Your Trademark Application or Registration Void
While the trademark process may seem quite simple, especially in comparison to the patent process, there are quite a number of traps for the unwary or unrepresented applicant to fall into. If made, some of these mistakes are fixable, but unfortunately, some are not and may require starting the application process from the beginning. In this article, we discuss those …
Pros and Cons of Provisional Patent Applications
Inventors who wish to receive a patent on their invention and the patent attorneys who represent them are faced with deciding which type of patent application to file. When seeking protection for the way the invention is used and how it works (versus how it looks), an inventor may decide to start by filing a provisional application or they may …
A Comparison of Trademark Registration in the U.S. and China
By Sejal Rajan and Allen Zhou of Jiaquan IP Trademark registration procedures and requirements often vary from country to country. Being knowledgeable of the procedures of a country in which you seek trademark protection helps to ensure that your trademark registrations are granted and maintained. This chart provides a helpful comparison of U.S. and China trademark requirements. United States China …
