With the ease of access to content over the internet, creators (“authors”) find importance in obtaining intellectual property protection in the United States and abroad. Copyright laws are national in nature. This means that whether protection is afforded to a work is generally dependent on the laws of the territory in which protection is sought. However, there are a number …
The USPTO Requires Foreign Residents to be Represented by a US Attorney in all U.S. Trademark Matters
Effective August 3, 2019, foreign-domiciled U.S. trademark applicants, registrants and parties to U.S. Trademark Trial and Appeal Board (TTAB) proceedings will need to be represented by an attorney licensed to practice in the United States. Generally, a U.S. licensed attorney will not need to be appointed in an application that was filed prior to August 3, 2019. However, if an action is …
Amending to the Supplemental Register
In the United States, the two registers on which a trademark may be placed are the Principal Register and the Supplemental Register. Most applications are submitted for protection on the Principal Register. However, in certain instances, an examining attorney may provide an applicant with the option to amend their application to the Supplemental Register in order to overcome a refusal …
You Received a Trademark Office Action, Now What?
Have you received an office action from the United States Patent and Trademark Office (USPTO) in response to your submission of an application for U.S. trademark protection? Trademark office actions may be issued by a USPTO examining attorney for a number of reasons. The examining attorney may issue an office action to request amendments to the application, to request additional …
Forming a Business: The Importance of Trademark Clearance Searches
It is a common belief among prospective business owners that because a business name is available for registration with the relevant Department of State, that name is free and clear for use generally. This is a misconception. The Department of State in any state allows formation of a business entity as long as there is no other entity with a …
News: 2017 New York Metro Rising Star
News 10/24/2017 We are proud to announce that our Managing Attorney, Kristin Grant, was selected for inclusion in the Super Lawyers 2017 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 …
Velcro Fights Genericism Through Song
In an effort to save their brand from genericism, the team at Velcro recently launched a witty campaign urging people not to use the Velcro trademark as a noun or a verb. To view the video click here. A term becomes generic where it becomes the commonly used term for a good or service, for example, escalator (formerly known as …
Copyright Protection for Jewelry Designs
A universal form of adornment, the history of jewelry dates back over 25,000 years. The first forms of jewelry were made of feathers, bones, shells and stones and carried spiritual meanings. With the onset of the metal-era, jewelry became a sign of wealth and royalty. Today, jewelry is worn by the masses as a form of expression and adornment. The …
Trademark Application Post-Filing Solicitations
Trademark application post-filing solicitations by private companies are very common and can result in an applicant unwittingly paying money to a non-USPTO entity. These private companies are not affiliated with the United States Patent and Trademark Office but their names tend to somewhat resemble the USPTO’s name. A few examples of these solicitations include requests for fees for publication of …
News: Top 40 Under 40 Intellectual Property Lawyers NY
News 1/25/2017 We are proud to announce that our Managing Attorney, Kristin Grant, was selected for inclusion in the American Society of Legal Advocates’ list of the Top 40 Under 40 Intellectual Property Lawyers in New York State. American Society of Legal Advocates is an invitation-only legal organization. The Top 40 under 40 award identifies attorneys who combine excellent …
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