Improper Subject Matter for Design Patents Source: USPTO.GOV A design for an article of manufacture that is dictated primarily by the function of the article lacks ornamentality and is not proper statutory subject matter under 35 U.S.C. 171. Specifically, if at the time the design was created, there was no unique or distinctive shape or…
An office action is an official letter sent by the USPTO. In it, an examining attorney lists any legal problems with your chosen trademark, as well as with the application itself. You must resolve all legal problems in the office action before we can register your trademark. In an office action, an examining attorney may…
ARE YOUR PATENT OFFICE MAINTENANCE FEES DUE IN 2020? Who can pay? Maintenance fees and any necessary surcharges may be paid by the patentee or by any person or organization on behalf of a patentee. What to include with payment? You must include both the patent number and corresponding application number with your maintenance fee…
Search the Trademark Before Using it 6.7 Million trademarks applications have been filed at the USPTO. Avoid using a name that is descriptive or already registered. Pick a Creative Trademark Focus on picking a trademark that is a reflection of your brand, culture, or values. The trademark database is likely to show that trademarks such…
What is a copyright? Copyrights protect original works of art. This includes architectural drawings, photographs, books, songs, movies, software codes, etc. Copyrights give their owner the exclusive right to reproduce and profit off the underlying work. “Creators are not required to register their original creative work before copyright exists because rights exist automatically when the…
Are you interested in using a new name as your trademark? A few of the questions provided below will help you understand trademarks. Filing a trademark is legal process with a tremendous amount of legal loopholes. Is the word a trademark? A trademark is considered a source identifier in interstate commerce. It helps identify the…
The Patent Attorney would require a complete disclosure of your invention. This can include sketches, write-ups, photos, drawings, etc. Provide all of the information in an organized format and be prepared to discuss all aspects of the disclosure. Answers to the following questions can be prepared before a phone or office consultation with your patent…
source: USPT.GOV The United States Patent and Trademark Office (USPTO) today published a report authored by its Chief Economist titled, Adjusting to Alice: USPTO patent examination outcomes after Alice Corp v. CLS Bank International. The report highlights how recent actions undertaken by the USPTO have brought greater predictability and certainty to the determination of patent…
TRADEMARK “USE” IN COMMERCE The term “use in commerce” means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. A mark shall be deemed to be in use in commerce: (1) on goods when— (A) it is placed in any…
The term of a federal trademark is 10 years, with 10-year renewal terms. However, the USPTO requires that between the fifth and sixth year after the date of registration, the registrant must file an affidavit stating that the mark is still in use.
