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…
NIs my Business Name a Trademark? The use of a business name does not necessarily qualify as trademark use, though other use of a business name as the source of goods or services may qualify it as both a business name and a trademark. Many states and local jurisdictions register business names, either as part of…
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…
The United States Patent and Trademark Office (USPTO) has launched the COVID-19 Response Resource Center to provide stakeholders and other interested parties with improved access to USPTO initiatives, programs, and other helpful intellectual property (IP)-related information regarding the COVID-19 outbreak.
As businesses begin to reopen or resume operations, some stakeholders will continue to require relief, particularly small businesses and individuals. Under the CARES Act authority and its existing authority in Trademark and TTAB matters, the USPTO will direct relief to those who need it on a case-by-case basis, as described below. Applicants who were unable…
On May 8 the United States Patent and Trademark Office (USPTO) announced the COVID-19 Prioritized Examination Pilot Program, permitting COVID-19-related applications filed by small and micro entities to be put on a fast track for patent examination. As outlined in the official notice, up to 500 qualifying patent applications will be accepted for prioritized examination…
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…
