I. Trade Dress Is Either a Trademark or Service Mark.
“Trade dress” functions as either a trademark or service mark. A “trademark” is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent,...more
9/9/2021
/ Acquired Distinctiveness ,
Aesthetic Functionality ,
Dilution ,
Infringement ,
Inherently Distinctive ,
Intellectual Property Protection ,
Registration ,
Service Marks ,
Trade Dress ,
Trademarks ,
USPTO
Sometimes appealing an Examiner’s rejection is the only practical option. If no claims of valuable scope have been allowed or indicated as allowable, and all clarifying claim amendments, supporting evidence and salient...more
10/18/2019
/ Appeals ,
Claim Amendments ,
Claim Procedures ,
Evidence ,
Ex Partes Reexamination ,
Notice of Appeal ,
Patent Applications ,
Patent Examinations ,
Patent Prosecution ,
Patents ,
Prior Art ,
USPTO
Prosecution of a U.S. trademark application is the process by which an application moves through the United States Patent and Trademark Office (“USPTO”) after being filed. Prosecution is often a more lengthy and costly...more
I. Introduction.
“Prosecution” of a patent application is the process by which an application moves through the United States Patent and Trademark Office (“USPTO”) after being filed. Prosecution is often a more lengthy and...more
“Prosecution” of a utility patent application is the process by which anapplication advances through the United States Patent and Trademark Office (“USPTO”) after being filed. Prosecution is often a more lengthy and costly...more
I. Lengthy, Narrow Patent Claims Are Often Worthless.
Typically, the less detail in a claim, the broader its scope and the more difficult for a competitor to develop a costeffective, non-infringing alternative. And...more
I. Most Low-End Patents Have Zero Value.
The term low-end generally denotes a low-cost product with corresponding low quality or value. In the context of patents, however, there is no corresponding low value because lack...more
Many people have misperceptions about what intellectual property (IP) protects, and some common IP misconceptions are debunked below.
(1) Ideas Cannot Be Patented.
Only inventions can be patented. The legal...more
11/1/2017
/ Abstract Ideas ,
Computer-Related Inventions ,
Copyright ,
Copyright Infringement ,
Inducement ,
Intellectual Property Protection ,
Inventions ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
Software Patents ,
Trade Dress ,
Trademark Infringement ,
Trademarks ,
USPTO
1. Keep Your Eyes on the Prize.
A patent defines a piece of intellectual property. As with a parcel of land, the patent’s owner can legally prevent any trespass (called an infringement) on the patent. Analogous to the...more
Provisional applications were introduced in the United States in the Inventor’s Protection Act of 1995. The purpose was to facilitate a quick filing, if necessary, to establish a priority filing date and salvage potential...more
1. The Difference Between a Trademark, Service Mark, and Trade Dress.
A trademark is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent, sound, device, or combination thereof that...more
9/22/2016
/ European Union Trade Mark (EUTM) ,
Federal Trademark Register ,
Foreign Trademark ,
Intellectual Property Protection ,
Scams ,
Service Marks ,
Trade Dress ,
Trademark Policing ,
Trademark Registration ,
Trademarks ,
Use in Commerce ,
USPTO
I. Considerations When Selecting a Patent Attorney.
A. The Goal -
The goal is to obtain a patent with valuable, broad claim scope. You want a patent potentially worth millions - not a worthless piece of paper...more
1. Broad Claim Scope is Key. Merely getting a patent is not the goal. The goal is to maximize the scope of meaningful patent protection to which your invention is entitled. Put yourself in a competitor’s shoes - how would you...more
8/29/2016
/ Abstract Ideas ,
Claim Construction ,
Foreign Patent Applications ,
Patent Applications ,
Patent Infringement ,
Patent Portfolios ,
Patent Trolls ,
Patent-Eligible Subject Matter ,
Patents ,
Prior Art ,
USPTO
Protection Mechanisms in the United States.
After selecting your mark, the next step is to decide how to protect it. In the United States, there are three basic types of trademark protection: (1) common-law, (2) state...more