What Does Patent Pending Mean?

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 …

The Role of Intellectual Property in Protecting Innovation

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 …

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 …

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 …

What’s in a Name? The Dos and Don’ts of Selecting a Trademark

Whether you are launching a new business or adding a new brand to your existing business, selecting the right trademark can have a great impact on its success. A trademark is not just the name of your business and brand, it is a source identifier. It has the potential to quickly convey to a customer information about what you are …

Common Law Trademark Rights

The United States recognizes the rights of trademark owners who are the first to use a mark in connection with particular goods or services. These rights are called common law trademark rights and may be established solely by the use of a trademark in connection with goods or services in interstate commerce.  You can acquire common law trademark rights even if …

USPTO Database Search v. Comprehensive Clearance Search

When you are considering adopting and registering a new trademark, one of your first steps should be to conduct a trademark search.  The main goal of a trademark search is to uncover any potential conflicts that your trademark may face.   This could potentially save you time, money and the loss of your trademark in the future.  There are two main …

Trademark Symbols – When Can I Use TM, SM, ® and © symbols?

The ™, ®, ©, and ℠ symbols are ubiquitous. We see them every day on the websites we visit and on the products we purchase.   While we may not pay much attention to them in our daily lives, they each serve a very important purpose and convey valuable information to the public.   It is important to know the differences …