Trademark Specimens
Except in a few cases*, a trademark will not be registered until the mark has been used. The Trademark Office won’t register a trademark unless the applicant provides proof of how the mark is used in commerce. This is a…
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When a Trademark is Primarily Merely a Surname
Jordon Trapnell guest writes: Trademark law states that any mark that is predominantly a last name cannot be registered as a federal trademark on the Principal Register. The law identifies such a name as “primarily merely” a surname, meaning the…
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Best Practices on Patent Filing
It is a rule we all learned in school: don’t procrastinate, don’t wait until the last minute. It is one I adhere to in my practice. There are enough complexities in the practice of patent law – adding poor timing…
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Triathlon Trademark or Copyright Infringement in Magazines
What are the issues presented by the most recent editions of Triathlete and Lava magazines? Are there any? If so, could they have been avoided? For the record, Lava issued a week or two after Triathlete.
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A Realistic Timeline of the Patent Process
As he often does, Dennis Crouch has created a chart to help better understand the patent process. This one shows the average time between filing a patent application and receiving a first action on the merits (“FAOM”). Generally, this FAOM…
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USPTO Trading Cards
Just thing to get your kids excited about inventing – the USPTO has released a set of trading cards. I think? Features classic like George Washington Carver and Thomas Edison. They can be seen here.
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Certification Marks
Jordon Trapnell guest writes: Take a close look at the back of the electronics or appliances around your house, and it will be easy to pick out a variety of obscure little logos that don’t relate to the manufacturer. These…
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Obviousness Standards under Joint Inventorship
How is obviousness of a patent claim considered when several individuals contribute to the claimed subject matter? Much analysis in patent law focuses on a person having ordinary skill in the art, or a “PHOSITA.” The PHOSITA is the touchstone…
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Inventor’s Eye Features Prosthetic Patents
Inventor’s Eye, the Patent Office’s monthly online publication, features the intersection of technology and sport, a nexus of particular interest to me. It frames the conversation in light of the recently-completed London Olympic and Paralympic Games, in both of which…
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What does “Patent Pending” mean?
Jordon Trapnell is a guest author on this post. He writes: The words “patent pending” can be seen on products just about anywhere you look. However, many people are confused by what it really means and what protection it offers. …