What is an insurance extension request in an Intent-To-Use trademark application?
Why would you need an insurance extension? In an Intent-To-Use (ITU) trademark application that has been allowed, an applicant will have a deadline to submit…
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Is a Final Office Action really “final”?
How final is a Final Office Action? Don’t freak out if you’ve received a Final Office Action (FOA) in your patent application. It is not…
US National Phase Common Mistakes: How to Avoid Errors
Recognizing and Avoiding US National Phase Common Mistakes PCT applicants entering the US national phase will benefit by understanding specific USPTO requirements and rules that…
How To Respond To Patent Office Action
What does it take to respond to a Patent Office Action? Since the probability is high (approximately 88%) that a utility nonprovisional patent application will…
What is a PCT Receiving Office (RO) and International Search Authority (ISA)?
Who can file a PCT application? Before delving into the details of PCT Receiving Offices (RO) and International Search Authorities (ISA), we should start with…
Who is the patent inventor?
What makes someone a patent inventor? Every US patent application requires an identification of each inventor. A patent inventor must be an individual who contributes…
Inventor Grace Period: When is it too late to file a US patent after disclosing invention?
Can prior public disclosures of my invention kill my chances of getting a patent? Revealing your invention to the public before filing a patent application…
How to Amend PCT Application
Does Your PCT Application Require Any Amendments? Before delving into the complexities of filing amendments to a PCT application, the initial question to consider is…
What is trademark priority?
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 proceedings?
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 you file an amendment after allowance?
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?
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 is trademark abandonment?
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…
What is a multi-class trademark application?
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…
What is trademark fair use?
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…
Ready to Slay Goliath?
Not sure where to start? Email US patent attorney Vic Lin at vlin@icaplaw.com.