iPad Trademark Rights
This Phoenix Patent Attorney was in Miami for part of the last two weeks, and I couldn’t help but notice the tremendous use of huge billboards. Advertising is colossal in that town, and so trademarks are everywhere. On the way…
Big Ol’ Trademark
Following on very nicely with what I wrote yesterday, today I found an example of a mouthful of a trademark. You can decide how many of Steve’s characteristics this mark upholds / violates: The Word Mark: JUST PLAIN JOE COFFEE…
Are you a serious trademark owner? 27 easy questions.
DuetsBlog is a consistently well-written, highly-informative blog that is quickly becoming one of my favorites. It features articles that are interesting and helpful, not just rarefied academic discussions on case law. And it is approachable for the attorney and the…
Differences between the Principal Register and the Supplemental Register
When trademark attorneys talk about registering trademarks (not “trademarking”), they generally mean registering a trademark on the Principal Register. We all aspire to have an application show up here, but sadly, we aren’t always so successful. There is another, seedy,…
Foreign Language Trademarks and Non-English Trademark Applications
Trademark registration applications for non-English words present special challenges. Trademark examination at the USPTO normally considers whether there are similar marks already registered that would prevent the applied-for mark from being registered. Typically, the USPTO considers the look, sound, and…
MDY v. Blizzard – Ninth Circuit Weighs in on Software ownership and DMCA Anti-Circumvention
The Ninth Circuit Court of Appeals yesterday released an opinion in a World-of-Warcraft case that has meaning both for the nature of software ownership and for a circuit battle ripe for review by the Supreme Court. The case is detailed…
Public Disclosure and Filing a Patent Application
Your ability to file and obtain a patent depends on many things. The novelty and non-obviousness of the invention may be foremost in your mind. However, other things are influential as well, such as the skill of the patent attorney…
What is a copyright search?
Some law firms provide copyright searches to find out if an image or work might infringe someone’s copyright. Trademark searches are performed to see if a potential mark is likely to be registered or face obstacles during prosecution. Patent searches…
What is a patent declaration?
Simply, a declaration is an inventor’s promise – or acknowledgment of the promise – with the Patent Office. A patent application contains numerous pieces of information and paperwork. There is the patent disclosure itself, which includes the summary, background, description,…
Does a patent assignment need to be notarized?
Generally, no. Assignments are transfers of the entire interest in a patent from one entity to another. They are distinguished from licenses, which give another person a limited right to the patent. In the US, there is no requirement that…