According to the law, the inventor, or a person to whom the inventor has assigned or is under an obligation to assign the invention, may apply for a patent, with certain exceptions. If the inventor is deceased, the application may be made by legal representatives, that is, the administrator or executor of the estate. If…
The length of copyright protection depends on when a work was created. Under the current law, works created on or after January 1, 1978, have a copyright term of life of the author plus seventy years after the author’s death. If the work is a joint work, the term lasts for seventy years after the…
Trademarks, copyrights, and patents protect different types of intellectual property. A trademark typically protects brand names and logos used on goods and services. A copyright protects an original artistic or literary work. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to…
Is your trademark federally registrable? Can you properly identify your goods or services? Can you identify the proper filing basis for your application? If you’re not sure how to answer these and other questions, please give us a call for a free initial phone consultation.
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…
Due to the national emergency, the Copyright Office was unable to print registration certificates between March 25, 2020 and June 24, 2020 . The Office began printing and mailing registration certificates on June 25, 2020 for all approved registrations including those that were approved between March 13, 2020 and June 24, 2020. If the Office…
It is vitally important that you select or create a trademark that is both federally registrable and legally protectable. Avoid trademarks that are likely to be confused with similar a trademark. Essentially, a “likelihood of confusion” exists when 1) the marks of the parties are similar and 2) the goods and services of the parties…
Section 2(d) of the Trademark Act requires that the examining attorney refuse registration when an applicant’s mark, as applied to the specified goods or services, so resembles a registered mark as to be likely to cause confusion. In general, registration of confusingly similar marks to separate legal entities is barred by §2(d). However, the Court…
What is trademark infringement? Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services. What will happen if someone sues me for trademark infringement A trademark owner who believes its…
INTERNATIONAL TRADEMARK REGISTRATION Madrid Protocol The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks — the Madrid Protocol — is one of two treaties comprising the Madrid System for international registration of trademarks. The protocol is a filing treaty and not a substantive harmonization treaty. It provides a cost-effective and efficient way for trademark holders…
