How do I challenge a trademark registration or application? Several options exist to challenge another party’s trademark registration or application, depending on the particular circumstances and grounds for challenging: You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB)….
How do I apply for a patent? Inventors may apply for one of two types of patent applications: (1) A nonprovisional application, which begins the examination process and may lead to a patent; and (2) A provisional application, which establishes a filing date but does not begin the examination process. How do I know if…
The United States Patent Laws provide that any person who invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent, subject to the conditions and requirements of the law. NEW AND USEFUL An invention is not new if the inventor…
HOW DO I SELECT A STRONG TRADEMARK? It is vitally important that you select or create a trademark that is both federally registrable and legally protectable. This animated video will help you understand how a strong trademark identifies the source of your goods and services, as well as distinguishes them from the goods and services…
Parts of a Patent Application The USPTO defines what needs to be included in a patent application. Utility, design and provisional applications all require similar elements but utility applications have the most requirements. The application must have a complete specification, drawings (if needed) and the filing fee and an oath or declaration. Oath or Declaration…
Subject to certain defenses, it is copyright infringement for someone other than the author to do the following without the author’s permission:1. copy or reproduce the work2. create a new work derived from the original work (for example, by translating the work into a new language, by copying and distorting the image, or by transferring…
Trademark your business or product name – Intellectual property includes artistic and musical works, designs, images, literature and software. These help develop brand recognition and customer trust in a specific industry. Avoid copying other brands – The United States Patent and Trademark office refers to copying as “likelihood of confusion.” This exists if your trademark…
Intellectual property refers to the expressions of creativity such as naming of goods and services in interstate commerce, inventive concepts, art and designs. Individual legal rights to protection of this creativity can be found in patent, trademark and copyright law. An intellectual property law attorney can help explain the differences and similarities among these three…
During examination of a pending patent application or after the patent is granted, the owner of the patent may change: 1) the original owner may transfer ownership to another entity or party, through an “assignment;” or 2) the original owner may retain ownership but change its name. The original owner should record the assignment or…
What is Interstate Commerce? Under Federal Law, interstate commerce is any commercial transactions or traffic that cross state boundaries or that involve more than one state. “Interstate commerce” as it relates to the sale of goods includes transporting the goods across state lines and the mark must be displayed on the goods or the packaging…
