Category: Intellectual Property
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What can be patented?
You found nothing like yours in your Google Patents search, and you might feel ready to patent your new idea. It’s not that simple. First, your invention should be new in a sense that people don’t know it yet. Even if nobody really patented an idea, the idea might be known to many as a…
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Trademark Maintenance: does trademark registration expire?
Maintaining registration calls for both administrative and executive action. Administratively, you need to file with the USPTO a showing that you’re still using the mark after 5 years of the registration, and every 10 years, you need to file a request for renewal. On the business side, you must continue using your mark at all times, even after the registration. This requirement…
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Patent Infringement: Clearance Search Explained
Patent clearance search is called a Freedom-To-Operate opinion because it reveals others’ patents that are blocking your way. It requires searching and analyzing patent documents in the country where you do business. Even if you invent something new, it is often based on other’s previous works. For example, you get a patent on a new cap design for plastic bottles, which…
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Patent: what is it?
Patent is an expensive but smart way to protect your business. Getting a patent is not a quick and easy process. It usually takes years of prosecution (though you can claim “patent pending” from the moment you file the application) and thousands of dollars. However, the reward is a government sanctioned monopoly. Yes, MONOPOLY. Patent is a deal you make…
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Trademark Clearance Search
Clearance Search It is absolutely necessary to find out if there is anyone using your mark prior to your use. A clearance search is often performed through proprietary services, which often search not only state and federal registrations but also common law trademarks. Typically, a better service costs more; but depending on your situation a simple Google search…
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Trademark Registration: do I need to hire an attorney?
Getting a trademark, you can either “do it yourself” or hire a professionals. DIY option describes not only filing directly via TEAS at USPTO.gov but also using commercial services under $100. Let’s compare these two options. Do it yourself Professional Help Mark Your choice of wording and design Likely a better wording and design Registration online trademark search/registration via…
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Standard Character mark v. Special Form mark
There are mainly two types of trademark, a standard one and a stylized one. A standard one (called a standard character mark) establishes your trademark rights to the written words of the mark whereas a stylized one (called a stylized/design mark) to the expression of the words in a certain way. For example, “Coca-Cola” is a brand name of a certain soda…
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Trademark Office Action: how to respond
Office Action calls for a legal writing. When there is problem with your trademark application, the Office will issue an OA. There could be multiple instances of OA per application while many trademarks get registered without any. Sometimes, a simple change to your application can fix the problem, so the only thing you need to is agreeing…
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You’ve got to “use” your trademark
Let’s take a look at an interesting story: By the time Apple Inc. debuted iPhone in January 2007, the prefix “i” had already become a thing of Apple. The inauguration of iMac series dates back in 1998. In 2003, iPod was a mega hit. Lesser known than Apple, however, there was a startup called InfoGear Technology Corporation, which developed an internet phone technology, called “iPhone.”…
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For DIY TM Applicants: What’s a Strong tradeMark?
There is a “strong mark” and a “weak mark”. You don’t need to know all legal distinctions as to different types of marks, but you want to have a strong mark, right? Here’s a shortcut to get to the goal. For a starter, you don’t want to choose a mark that’s fairly similar to what’s already out there.…