Securing patent protection is a crucial step in gaining a competitive edge in the marketplace. But before filing, it’s essential to understand the different types of patent applications available. Each type of patent application serves a specific purpose and the type of patent application filed first is determined by the larger filing strategy. Three different types of patents can be …
Filing for patent protection may be a critical step in securing the exclusive right to obtain revenue from third-party use and commercialization of an invention. The patent application process is complex. This overview walks through the main steps involved in protecting an invention Determine Whether Patent Protection is Appropriate Patents, copyrights, trademarks, and trade secrets are different types of intellectual …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
What is a Trademark Opposition? A trademark opposition is a litigation proceeding before the Trademark Trial and Appeal Board (TTAB), in which a third party may object to the United States Patent and Trademark Office’s decision to register your trademark. During the trademark application process the examining attorney will review your application to determine whether they believe it is entitled …
