Intellectual Property Law Knowledge Center

Waiting to Enforce your Trademark Rights

November 20th, 2018

Owning a trademark brings certain benefits and obligations. If you are the first entity in a particular geographic area to use a distinctive word (or phrase, logo, color, etc.) to sell a product or to provide a service, then you may claim exclusive rights in that area for that trademark on those products or services. Your trademark rights allow you to preclude subsequent entities in the same area from using the same, or confusingly similar, trademark on related products or services.

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Understanding the Use of Decision Trees in Mediation

November 8th, 2018

A useful tool in preparing for mediation or in a mediation itself is a decision tree. Decision trees, also known as flow charts, help attorneys to make decisions early in the mediation process and plan for potential outcomes.

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Revised PTAB Operating Procedures Will Mean Transparency and Reliability for Patent Owners

October 4th, 2018

The Patent Trial and Appeal Board (PTAB), created in 2012 as part of the America Invents Act, a branch of the United States Patent and Trademark Office (USPTO) that hears appeals to adverse examiner decisions and conducts trials, including inter partes reviews and post-grant challenges. Ideally, the PTAB is meant to ensure the predictable, uniform, and unbiased application of USPTO policy to patent applications.

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What do the ™, ℠, ®, ©, and “Pat. Pend.” Symbols Mean? How should I use them?

September 5th, 2018

Intellectual property assets are valuable. One way to maintain the value of those assets is to correctly use the applicable notice, shown as symbols or specific phrasing, that publicly designate the type of protection claimed.

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Let’s Face It; Some Patents Are Odd!

August 7th, 2018

By Stephen E. Murray Over ten million patents have been granted by the United States Patent and Trademark Office to date. Here are four of the stranger ones: Patent 7062320 – Device for the treatment of hiccups “A device for the treatment of hiccups, and more specifically, to a method and apparatus for the treatment…

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When Will the Patent Office Issue Patent #20,000,000?

July 9th, 2018

On June 19th, the US Patent Office issued its ten millionth patent, to Raytheon, just over three years after it issued the ninth millionth patent to WiperFill Holdings, LLC. It took 200 years for the total number of U.S. patents to reach 5 million.

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Inter Partes Reviews – A Brief Primer, Recent Supreme Court Rulings, and the USPTO’s Notice of Proposed Changes

May 21st, 2018

Inter partes reviews (IPRs) were enacted on September 16, 2012, as part of the America Invents Act (AIA) passed by Congress.

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The Whats and Whys of IP Audits

April 12th, 2018

An IP audit is a systematic examination and verification of a company’s intellectual property assets and an analysis of strengths and threats. A company’s IP assets may be invaluable.

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Why Enroll Your Trademark in the Amazon Brand Registry?

March 15th, 2018

Selling on Amazon is nearly ubiquitous, so it’s imperative to protect your brand – your trademark – across the platform. Amazon has made it easier to do so by overhauling its Brand Registry last year and creating, in their own words, “an accurate and trusted experience for customers.” As a brand owner, you must have a dual focus on strengthening and protecting your brand while also engaging and serving your customers. The Amazon Brand Registry supports this dual focus.

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Here Comes the Rush to Trademark ‘Philly Special’

February 28th, 2018

One of the Philadelphia Eagles Super Bowl victory’s most memorable moments witnessed was a gutsy play that the team called the “Philly Special.” It was one of the boldest calls in Super Bowl history, and it has inspired some bold moves at the U.S. Patent and Trademark Office (“USPTO”), as well. As the term “Philly Special” has spread like wildfire through Eagles’ fandom, quick-thinking entrepreneurs have raced to capitalize on it, filing trademark applications to secure the rights to those golden words.

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