How to Deal with a Counterfeit Product or Claim
What is the difference between counterfeiting and trademark infringing? Is it fake? Whether or not a product is a counterfeit boils down to the degree…
The Largest Free Patent and Trademark Q&A Resource: 560+ Posts on IP
What is a common law trademark?
How are trademark rights determined in the US? In the US, trademark rights are generally given to the first one to use a mark. Except…
Can you file a design patent to protect from infringement?
How can you reduce the risk of patent infringement? It depends. Patent professionals, including myself, constantly stress that a patent does not protect its owner…
Who is the Patent Owner: Company or You?
Should the patent owner be you as an individual or your company? Startups frequently ask whether their patent should be owned by the company or…
Design Patent Infringement: What is a substantially similar appearance?
What is the design patent infringement test? It’s simple to recite, but tricky to apply. The test for design patent infringement involves a visual comparison…
Trademark application: What is the most important factor in registering a mark?
Focus on What Matters Most In Filing Your Trademark Application For many businesses thinking of registering a trademark, cost is the biggest factor. It is…
Patent Rejected: How to Persuade the Examiner to Allow Your Claims
Will your patent be rejected? Almost certainly in a nonprovisional utility patent application, you will face rejections. In a design patent application, perhaps not so…
How to Trademark in Metaverse: Is it possible to register trademarks for virtual goods?
Is it possible to register a trademark in the metaverse? Times are changing. What may have been unimaginable years ago has become a genuine concern…
How to File a Smarter Trademark Response to an Office Action
What are smarter ways to respond to trademark Office Actions? Though you hate to see them, Office Actions are fairly common in USPTO trademark applications.…
How to Expedite Trademark Application: Can you speed up your trademark registration?
Can you expedite a US trademark application? Under limited circumstances, it may be possible to speed up your trademark application. For most applicants, however, expediting…
Smarter Office Action Response: File a CIP Instead?
What is a smarter way to respond to multiple Office Actions in your patent application? 90%. That is the probability that your utility nonprovisional patent…
How to File a Continuation Application: When is the continuation deadline?
When must a continuation application be filed? Known as a child application, a continuation must be filed while the parent application is still pending. A…
How to Enforce Intellectual Property Without A Lot of Money
Affordable ways to enforce intellectual property If you don’t have at least two million dollars laying around to sue for patent infringement, this post is…
How to Review Office Action Response
How to Review a Draft Office Action Response Roughly 90% of utility patent applications will get rejected at least once. When it comes to utility…
How many patent Office Actions can you get? Is there a limit to patent rejections?
How many patent Office Actions are possible? Unfortunately, there are no limits to how many patent Office Actions (OA) an Examiner can issue. Multiple Office…
