Category: Intellectual Property
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Patent Protection and Limitations
Patent protects inventor’s exclusive right to an invention, but at the same time it aims to promote further advancement of the same technology. These are conflicting goals for which patent provides a comprehensive exclusivity that is also clearly defined. If you are considering patenting your invention, you should first understand the limitations which define the…
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What Do I Need for Trademark Registration?
To register a trademark, you need to either (1) have used a mark (could be a brand name, a company logo, or even a unique color) in association with your good or service or (2) have a bona fide intent to use it. How does this translate in plain English?
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DO NOT PAY WTP!
Many clients reported that they received an unsolicited service invoice from Service BPM 326634 at 8345 NW 66 ST #2000 33166-7896 Miami, which looks like this: It has nothing to do with your U.S. trademark registration, and you are advised to ignore and discard it. If you have questions regarding trademark protection in other countries…
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USPTO TEAS—What is a disclaimer?
When required, disclaimer works against you. So, an ideal trademark would not have a disclaimer. However, sometimes you want to include certain words that need to be disclaimed no matter what. In that case, I recommend you start the trademark registration process in advance using an ITU application and do not include disclaimer in your…
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New Product Launch: How to Avoid Patent Lawsuit Threats
I help many clients who received cease and desist letters stating their products infringe some patent rights. By the time they come to me, it’s about ruling out frivolous claims, mitigating damages if not frivolous, and reducing costs related to settlement and litigation. What if you can avoid all those by doing these simple things…
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How to Avoid Trademark Refusal
Just google trademark registration, and you will see a bunch of under-$100 trademark services online. How is it possible? There is a hidden cost of trademark registration: your mandatory response to the USPTO’s initial conclusion that your mark is not registerable. (See Possible Grounds for Refusal of a Mark | USPTO) By the way, this…
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When should you DIY TM application?
The USPTO provides ample resources to guide first-time DIY-ers through the trademark application and registration process. However, it does not give you much regarding when and how you should decide to seek expert help. Here comes a seasoned IP attorney’s take on “when should you go the DIY route.”
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How to File a Patent Yourself
You will hear many patent practitioners tell you against DIY if not all. And there are many good reasons. However, if you are in a situation where you simply cannot justify spending legal fees, you should be able to file an application yourself if you have enough time. First of all, what is patent? Patent…
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Promotional Phrases as Trademark
Nowadays, in addition to “maker” and “brand”, “product name” is increasingly used as a trademark. There are simply so many product types and variations. Take a look at an example below: GREEN CLEAN is a product name of a cleanser from Farmacy Beauty. My impress is that it is something that naturally cleans your skin.…
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Amazon Brand Registry related FAQ
Amazon Brand Registry is one of the strongest Amazon selling tools as a seller can control the entirety of Amazon listings for all products associated with a brand. It’s a free service for a seller who owns a UPSTO registered trademark. As Amazon Brand Registry is a private program ran and controlled solely by Amazon,…