News 5/13/2016 We are proud to announce that our Managing Attorney, Kristin Grant, was selected for inclusion in the Super Lawyers 2016 New York Metro Rising Stars list. The Rising Star distinction is given to only 2.5% of attorneys in the New York Metro area. Super Lawyers rates outstanding lawyers from several practice areas who have attained a high-degree of recognition and …
Copyright Issues in Self – Publishing
With the influx of new self-publishing services such as Amazon KDP and Createspace, self-publishing has become an appealing option for up and coming writers. The world of literary publishing is filled with copyright concerns typically placed in the hands of the writer’s publishing house, equipped with its own legal counsel. A writer who self-publishes is usually left with the responsibility …
Benefits of a Registered Trademark
There are several benefits to obtaining Federal trademark registration. A Federally Registered trademark not only provides nationwide protection but can obtain incontestable status after five years of continuous use. Incontestable status provides conclusive evidence of validity, ownership and the exclusive right to use the mark with the registered goods. Some of the benefits of a registered trademark are listed below. …
Firm Recognized in 2016 Corporate INTL Magazine Global Awards
News 1/14/2016 Grant Attorneys at Law was recently recognized by Corporate INTL as “Boutique IP Law Firm of the Year in New York.” Corporate INTL is a global magazine geared towards business leaders, professional advisers and financiers worldwide. The awards commemorate those who have been successful over the past 12 months and who have shown excellence not only in expertise but in service. …
Overview: The U.S. Trademark Application Process
Trademarks are used to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of those goods. While trademark protection may be acquired under common law by use of the mark such that it acquires distinctiveness in the minds of consumers, seeking federal registration for a mark where possible is usually a …
A Trademark ≠ A Business Name
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 …
