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How to Persuade a Trademark Examiner: What Arguments Work for USPTO Examining Attorneys?

Why are USPTO trademark examiners called examining attorneys? USPTO trademark examiners are attorneys and, therefore, called examining attorneys. When responding to a trademark application rejection,…

Trademark Rejected Again: Smarter Options to Respond to a Final Office Action

Was your trademark application rejected again? It can be frustrating to receive a second refusal in your trademark application. Would filing another argument be a…

Late Patent Renewal: How to Get Your Utility Patent Back

Is it too late to reinstate your utility patent? Time is of the essence when it comes to renewing unintentionally expired utility patents. While a…

What are the Trademark DuPont Factors for determining likelihood of confusion?

Are we talking about real or theoretical trademark confusion? Likelihood of confusion can be a confusing subject. What makes one trademark too similar to another?…

When is the Design Patent Foreign Filing Deadline? Any extensions?

When is the design patent foreign filing deadline? The design patent foreign filing deadline is 6 months from your earliest design application. Generally, a US…

How to Show Your Trademark Is Not Similar: Partial Cancellation of TM Registration

Why Arguments Alone May Not Be Enough to Overcome a Likelihood of Confusion Refusal Likelihood of confusion is a fancy way of saying that the…

Patent Litigation Costs Under $1 Million: How to Litigate Patents with Lower Attorney’s Fees

How much does patent litigation cost? According to statistics and economic surveys, the median patent litigation cost is roughly $1.5 million cases where the amount…

Amazon Contingency Patent Attorney: Success-Based Legal Fees for Fighting APEX and Design Patent Cases

What is the cost of fighting an Amazon seller patent case? The cost of an Amazon patent evaluation can range from a few thousand dollars…

Utility Patent Infringement: The Most Important Things to Know

How to Ask the Right Questions About Utility Patent Infringement Utility patent infringement is complex, to say the least. Beyond the technical analysis which can…

Can you infringe a patent application?

Can you infringe a pending patent application? You cannot infringe a patent application. Only issued patents can be infringed. Is this fair? It depends. For…

China Manufacturer Claims No Patents: Should you sell their products?

Why would foreign manufacturers promise that no patents cover their products? It is always wise to recognize the biases and incentives of a potential business…

How to Get Your Patent First When Others Filed Before You

Is it possible to get your patent first before an earlier application is patented? In the old days, the US patent system gave rights to…

How to Apply for a Design Patent After Selling Your Product

Is it too late to apply for a design patent after product sales? Sellers of uniquely looking products face an age-old dilemma. Should they apply…

Are design patent applications published?

Can you see a pending design patent application? No, US design patent applications are not published. Therefore, the public cannot monitor or search for a…

Amazon Seller Patent Infringement ASIN Listings: Everything You Need to Know About APEX and Design Patents

What are your options when Amazon ASIN listings infringe your patent? Great selling products on Amazon will undoubtedly face competition. While more competitors are generally…
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