Timely updates and interesting insight on patent, trademark, and copyright law.
Viewing posts in "Trademark".
As the novel coronavirus (Covid-19) continues to ravage the United States, ensuring that frontline healthcare workers are adequately protected is of utmost importance. Among various types of proper protective equipment (PPE), none has become more synonymous with safety and protection than the N95 Respirator. Given the superior effectiveness of the N95 respirator over other prophylactic measures, demand is understandably high. Basic principles of economics suggest that increased demand for respirators will similarly increase the price paid by consumers. However, the dire need for PPE is motivating companies to forego increased profits to ensure that frontline personnel are adequately protected.
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The United States Patent and Trademark Office (USPTO) recently launched a new “Fast-Track Appeals Pilot Program” on July 2, 2020. The Program allows for expedited resolution of ex parte appeals in US patent application prosecutions. The Program serves as an extension of the “Track One” prioritized examination program and is intended to provide applicants with another opportunity to expedite US patent prosecution.
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06.29.20
Prior USPTO CARES Act extensions waived certain fees and deadlines up until July 1, 2020. With the July 1, 2020 date looming and the need for relief remaining at a high level, today (June 29, 2020) the USPTO further extended the time for small and micro entities to pay certain patent-related fees that would otherwise have been due on or after March 27, 2020.
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Time spent on securing Food and Drug Administration (FDA) approval for regulated products (such as pharmaceuticals, medical devices, and agrochemicals) effectively shortens the term of patent protection for the underlying invention of those products.
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05.08.20
Continuing its efforts to accelerate the commercialization and available of technologies addressing COVID-19, the United States Patent Office (USPTO) has announced a new COVID-19 Prioritized Examination Pilot Program.
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05.05.20
Yesterday, May 4, 2020, the United States Patent and Trademark Office (USPTO) took a surprising leap into commercialization of patented and patent pending technologies, unveiling a web-based marketplace platform for intellectual property (IP).
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04.29.20
Yesterday, April 28, 2020, pursuant to the temporary authority provided by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) announced further extensions to the time allowed for filing certain patent and trademark-related documents and to pay certain required fees. This new Notice supersedes the prior Notice published on March 31, 2020.
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04.06.20
The United States Patent and Trademark Office today, April 6, 2020, published answers to common questions related to it’s recent Notice advising of the availability of 30 day extensions of time for certain actions impacted by COVID-19.
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03.31.20
Today, March 31, 2020, pursuant to the temporary authority provided by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO) announced extensions to the time allowed for filing certain patent and trademark-related documents and to pay certain required fees.
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11.19.18
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10.04.17
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It has been almost 10 years since the passing of the comic legend Chris Farley, but his name is as recognizable as ever. Make Him Smile, Inc., which is the successor to his property rights, is asserting those rights against Trek in a recently-filed California lawsuit regarding Trek’s FARLEY brand bicycle.
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09.13.17
China is notorious for hosting local companies who capitalize upon the goodwill of major brands, copying everything from a company’s trademark to the designs and styles of the company.
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08.14.17
Tequila is now, at long last, a registered United States certification mark. Due to the widespread use of the word “Tequila” it was not an easy application.
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06.21.17
This week, the Supreme Court overturned a statute limiting federal registration of disparaging trademarks. Before this week’s decision, trademarks like those for the Washington “Redskins” and a band called “the Slants” could not be federally registered.
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04.07.17
While all attention in the golf world this week is focused on The Masters and Augusta, Costco and Acushnet are in a fight of their own in U.S. District Court.
Last year, Costco released its Kirkland Signature golf ball at a price of about $15/dozen, and the ball received rave reviews for its value and play. Some reported that it was comparable to Acushnet’s Titleist Pro V1 which retails for around $48/dozen, and Costco quickly ran out of inventory.
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02.02.17
Unfortunately, Aztec Shops Ltd’s belief “that it will win” was not enough to win over the U.S. Trademark Trial and Appeal Board (“TTAB”) in order to secure a trademark registration. Aztec Shops Ltd is the owner of the San Diego State University bookstore, among other entities. In 2011, it applied to register as a trademark the catch phrase “I BELIEVE THAT WE WILL WIN” heard in many sports stadiums around the country. Aztec attempted to claim a trademark right associated with its use of this phrase on apparel. The United States Soccer Federation successfully challenged the registration.
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01.13.17
After a win over the San Antonio Spurs earlier this week, and their first win over the Spurs since 2012, the Milwaukee Bucks are developing a target on their backs as a 2017 NBA playoff contender. Fear the Deer! But another party not often associated with the NBA also has the Bucks in its sights.
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11.16.16
As David Letterman once said, “Trump is a big man, I think 230 pounds — 235 with cologne.”
In the wake of the recent election, many are trying to predict how President Elect Trump will view the current US Patent and Trademark Office. Will he dub it “Tremendous,” or a “Disaster?” David Letterman’s quote may hold a key to this prognostication.
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10.12.16
In order to obtain a trademark or service mark in the US, the mark must be “in use” in commerce. Marks that were registered at one time but are not in use (for example, when a business stops making a product or closes its doors) can be freed up for other people to use.
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03.21.16
The NCAA men’s basketball tournament is full of well-known trademarks. The NCAA hits its viewers over and over with “March Madness,” “Sweet 16,” “Elite 8,” “Final Four,” and “Big Dance,” like a skilled point guard dropping dimes.
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01.19.16
The members of a Metallica tribute band, Sandman, received an unusual surprise when they showed up recently to play a show at FitzRays, in London, Ontario. A 41-page cease-and-desist letter was waiting for them the moment they arrived. The letter, sent by a Metallica attorney, demanded that the band, which bills itself as “Canada’s Number One Tribute to Metallica,” stop using the Metallica name and the following logo:
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12.17.15
Can a company obtain exclusive rights to zilch, nada, nothing? For years, two beverage giants have been trying to find out.
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11.11.15
Many businesses expect their intellectual property protection to extend beyond U.S. borders–but that protection can depend on a number of different laws. Recently, there has been buzz about the Trans-Pacific Partnership (TPP), which includes a number of provisions that will impact the international intellectual property protection landscape.
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10.16.15
Last week, the Ninth Circuit decided that the sequence of poses that make up Bikram yoga is not copyrightable. Among other implications, this shows that each intellectual property protection has its boundaries, and creators need to be careful to know which sandbox they are playing in and act (and register) accordingly.
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09.16.15
Johnsonville Sausage to punt and phase out “Backyard Grilled Brat” after trademark lawsuit.
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09.08.15
Have you ever noticed that a fashionable design you may see at a high end clothing store will often show up a few weeks later at Target or Wal-Mart?
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07.29.15
Many businesses think about obtaining a federal trademark registration, but they aren’t sure what is involved. The United States Patent and Trademark Office (“USPTO”) has gotten better at speaking in English rather than legal-ese and has included timelines and explanations as to what is involved.
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07.22.15
Superb Owl is again making the headlines. Stephen Colbert popularized the phrase last year as a way of covering Super Bowl XLVIII on his show “The Colbert Report” while avoiding action by the NFL, an organization known for its aggressive protection of its trademark rights.
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07.15.15
“It is difficult to justify a balancing of equities where a registrant’s financial interest is weighed against human dignity.”
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07.08.15
Congratulations! You’ve decided to file for IP protection for your patent or trademark. You’ve paid the filing fees, but for some reason you’ve started getting mailings asking for more money, and some look pretty official:
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07.01.15
On Independence Day (and throughout the year) people show their affection for the United States through symbolism. However, many people are not aware that the use and reproduction of the famous and important United States symbols are regulated by various laws.
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06.17.15
The ® symbol is generally accepted worldwide to designate trademark registration, and there are many benefits to using the symbol with registered marks. Yet, some choose not to use the ® symbol. Why?
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05.27.15
President Obama recently called on Congress to lift the U.S. embargo on Cuba. While many estimate that the embargo will likely continue for more than a year, anyone preparing to do business in Cuba should include Cuban trademark applications and registrations in its preparations.
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05.13.15
United States applicants are now able to file international design applications either directly through the World Intellectual Property Organization or indirectly through the United States Patent & Trademark Office.
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04.01.15
It was recently announced by USPTO management that the SAWS program is being retired.
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03.25.15
Congratulations! You have a trademark (or service mark). Now you need to make sure to protect that valuable business asset.
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03.11.15
Over the past few weeks, New York, London, Milan and Paris have been showing off the fashions that will be “it” for the fall. In Europe, fashion designs may be eligible for industrial design protection. However, in the United States, there is no such specific protection.
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02.11.15
Did you know that the United States Patent and Trademark Office operates a secret program not mentioned in any USPTO published rule or any law called the Sensitive Application Warning System or SAWS?
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02.04.15
The Trademark Manual of Examining Procedures makes it clear that a title, or a portion of a title, of a single creative work must be refused registration. However, Ms. Swift is not registering these lyrics for her song or album.
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