US National Phase Strategy: What is a smarter way to enter the US national stage?
How to prepare for a US national phase application Almost every PCT application is filed with the US national phase in mind. Even if a…
The Largest Free Patent and Trademark Q&A Resource: 550+ Posts on IP
What is a Use-based Trademark Application? How to File Section 1(a) TM App Based on Actual Use
What is a use-based trademark application? A trademark application must always identify whether the mark has already been used on the goods or services. One…
Patent and Trademark Attorney: When IP rights overlap
When do patents and trademarks overlap? Everyone once in awhile, a client may have IP rights that involve both patents and trademarks. When the two…
TTAB Trademark Opposition: What You Should Know
Should you file a trademark opposition? A trademark application is close to the finish line. A few more days left in the publication period, and…
Can you file a late foreign patent application?
Can you file a late foreign patent application based on Paris Convention? We’ve talked about filing late PCT and national stage applications. But, what if…
Can you register an acronym trademark?
Can you trademark an acronym? Acronyms are everywhere. They are like code language for those in the know. Even in the intellectual property world, our…
How to Cancel a Trademark Registration
How to Cancel a Registered Trademark As recently as a year ago, this article would have been written quite differently. A trademark cancellation filed with…
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…
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…
