Incontestable trademarks provide conclusive evidence of validity, ownership, registration, and rights to use the mark. Once a mark has attained registration status through a Declaration under Section 15 of the Lanham Act, the mark can no longer be cancelled for descriptiveness. However, abandonment, genericness, and functionally are still viable challenges to an incontestable mark.
Read MoreSteps entrepreneurs can take to protect their big ideas include: securing patents and trademarks to protect their innovations and brands, proper execution from the beginning, avoiding giving away equity, and assembling a solid team.
Read MoreRule 68 allows a party whose pretrial offer of settlement is rejected to shift its costs (and potentially attorney’s fees) to the rejecting party if that party obtains a less favorable final judgment than that in the Rule 68 offer. This can have differing implications under the various intellectual property statutes.
Read MoreWith the advent of the Internet, counterfeiting has become a serious problem for consumers, brand owners, and governments alike. In order to counteract trademark infringement and copyright infringement on the internet, anti-counterfeiting measures can be enacted on a variety of levels, including at the factory, retail, and global levels.
Read MoreA trademark registration with the USPTO can provide many benefits that will assist with the growth of any brand. These benefits include nationwide brand protection, streamlining disputes, and limiting undue competition. Given the complexity and nuance involving trademark applications, it is advisable to retain the assistance of an experienced trademark attorney to maximize these benefits.
Read MoreIntellectual property (IP) law can be used to protect recipes. The primary IP tools are copyrights, trademarks, trade secrets, and patents. Read post for tips on protecting recipes with intellectual property strategies.
Read MoreThe intersection of Artificial Intelligence and traditional concepts of intellectual property, and the impact of this new technology on the current legal framework and existing IP rights, is complicated and evolving almost as quickly as the technology itself.
Read MoreAn IP audit is a systematic analysis of what intellectual property assets your business owns, uses, or has an interest in, in order to maximize benefits, minimize risk, and eliminate inefficiencies.
Read MoreAn NDA, or Non-Disclosure Agreement (also known as a Confidentiality Agreement) is a written, legally binding agreement that governs the disclosure and protection of proprietary information shared by and between the parties to the agreement.
Read MoreA copyright notice is a statement included on a copyrighted work (or its method of distribution) notifying the public of a claimed copyright in the content.
Read MorePatents have a definite lifespan (depending on the type of patent) and one they expire, the patent becomes public domain, meaning others are free to make, use, distribute, market and import the invention.
Read MoreThe Madrid Protocol refers to an international treaty that streamlines the trademark application process by allowing a single international application to apply to multiple countries.
Read MoreThe USPTO is the government body responsible for granting patents and registering trademarks, two prominent forms of intellectual property.
Read MoreAn office action is a notification administered by the USPTO detailing issues with a trademark application that require attention before a registration can be granted.
Read MoreProvisional patent applications are informal, initial patent applications that set a priority date for the inventor and give them time to perfect their invention without having to include the detail required in formal patent applications.
Read MoreWhile you can file a trademark without an attorney, it is highly advisable to hire a licensed attorney with trademark experience to assist when filing your application.
Read MoreA trademark licensing agreement is a legal contract between a trademark owner and another party that have agreed to use the trademark on preapproved terms decided between the contracting parties.
Read MoreRegistering a trademark is an important part of building a brand and growing name recognition. The process of registering a trademark, however, can be a time-consuming and confusing. Without the aid of a trademark attorney, filers commonly make the same mistakes when they undertake the procedure.
Read MoreIt is possible to have a trademark without registering it with the United States Patent and Trademark Office. This is known as a common-law trademark, typically signified by a TM after the mark. However, there can be several advantages to registration including nation-wide rights, ability to use the circle “r” symbol, priority over other users, and more.
Read MoreSince very early in history, symbols have been used to signify the source of a good or service (e.g., branding cows to designate ownership). In today’s commercial world, it is virtually impossible to avoid the use of trademarks used in conjunction with goods and services in the marketplace.
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