Vic Lin

Trademark Priority: Determining Who Was First Trademark rights in the US generally belong to the one who was first to use the mark in commerce.…

Are monetary sanctions available in TTAB trademark proceedings? No, monetary sanctions are not available in TTAB trademark oppositions and cancellations. TBMP Section 502.05 states: The…

Can a patent application be amended after allowance? Maybe. An amendment after a Notice of Allowance in a patent application is not a matter of…

What is supplemental examination? Supplemental examination is a USPTO process to reconsider an issued patent as requested by the patent owner. If USPTO grants a…

What does it mean to abandon a trademark? Trademarks differ from patents in at least one fundamental way. Trademarks require continuous usage. Otherwise, trademark rights…

Can you file a multi-class trademark application in the US? Yes, the USPTO allows applicants to file a single trademark application covering goods and/or services…

When is it OK to refer to someone else’s trademark? Trademark law allows for third parties to refer to use terms in certain situations without…

How can you speed up your utility patent application? The road to getting a US utility patent is often a long and expensive journey. There…

What is a bypass application? A PCT application that designates the US may be considered a pending US application from the international application filing date…

Who owns the trademark? It’s not uncommon for first-time trademark applicants to raise questions concerning ownership of the trademark. A trademark owner must be identified…

What is the purpose of a trademark? A trademark serves to indicate the source of goods or services (for simplicity, I’ll refer to both goods…

What are TTAB Initial Disclosures in a trademark opposition or cancellation? Each party in a trademark opposition or cancellation must disclose certain information to the other…