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Category: Trademark (page 1 of 2)

Intillectual Property Links: Patents, Trademarks and Copyrights

By Jeff Watson

Jeff Watson is a patent attorney with 12+ years of experience.  He tracks the U.S. Patent and Trademark Office  and the Copyright Office for news.  Please find his most recent update below.

The United States Patent and Trademark Office (“USPTO”) published International Trademark Classification Changes with a final rule to incorporate classification changes adopted by the Nice Agreement Concerning the International Classification of Goods and Services for the purposes of the Registration of Marks (Nice Agreement).  Link

The United States Copyright Office has published an interim rule amending its regulations concerning the recordation of transfers of copyright ownership and other documents pertaining to a copyright under 17 U.S.C. Section 205, and notices of termination under sections 203, 304(c), and 304(d). Link

The United States Copyright Office has published a final rule establishing a separate, lower filing fee for recording documents with the Office when they are submitted with an electronic title list, i.e., a list of certain indexing information about the works to which such documents pertain.  Link.

The United States Copyright Office has implemented a series of technical upgrades to its electronic registration system.  Link.

The NC bar has published an article by Jacob Moore regarding the recent Federal Circuit decision in In Re Janssen that held that a patent issuing from a continuation-in-part (CIP) application is not eligible for 35 USC Secton 121 safe harbor protection, even if the patent is re categorized as a divisional application during reexamination.  Thus, the court determined that the patent at issue—US 6,284,471 (the ’471 Patent)—was invalid over reference patents US 5,656,272 (the ’272 Patent) and 5,698,195 (the ’195 Patent) under the doctrine of obviousness-type double patenting.  Link.

The United States Patent and Trademark Office (“USPTO”) electronically provided the ninth edition, Revision 08.2017, of the Manual of Patent Examination Procedure (MPEP).  Link.

The United States Patent and Trademark Office (“USPTO”) provided a notice that addresses the new practice of requiring separate maintenance fees in each reissued patent based on a single original utility patent, and in original utility patents for which a reissue application is pending and at least one reissue patent has already issued. The new practice for multiple reissued patents and certain original patents that are the basis for reissue applications is set forth in the recent final rule to adjust patent fees. See Setting and Adjusting Patent Fees During Fiscal Year 2017, 82 FR 52780, 52791 (November 14, 2017).  Link.

The United States Patent and Trademark Office (“USPTO”) provided a final rule with changes in requirements for collective trademarks and services marks.  Link.

The United States Copyright Office has published a final rule amending regulations that govern the deposit requirements for certain types of literary works and musical compositions. Link.

The United States Copyright Office has provided notice of modernizing its practices to increase the efficiency of the group registration option for photographs. Link.

Call Jeff Watson for a Free patent consultation (704) 625-7747 or email me at jwatson@GWpatent.com

Intellectual Property Links: Patent, Trademark, and Copyright

 

By Jeff Watson

Jeff Watson is a patent attorney with 11+ years of experience.  He tracks the U.S. Patent and Trademark Office  and the Copyright Office for news.  Please find his most recent update below.

The United States Patent and Trademark Office (“USPTO”) had a Roundtable on Intellectual Property and Trade Shows.  The roundtable discussion was held on October 18, 2017 at the USPTO headquarters in Alexandria, Virginia and addressed IP infringements at trade shows.  Link

The United States Patent and Trademark Office (“USPTO”) issued the October 2017 Trademark Manual of Examining Procedure (“TMEP”).  The revision clarifies USPTO trademark policies and practices and includes relevant Trademark Trial and Appeal Board (“TTAB”) and court decisions before September 1, 2017.  Link.  View October 2017 TMEP Highlights.  For a complete list of changes, see the “Change Summary“.

The United States Copyright Office is proposing to create a new group registration option for a limited number of unpublished works.To qualify for this group option, all the works must be created by the same author or the same joint authors, and the author or joint authors must be named as the copyright claimant for each work. Link

The United States Patent and Trademark Office (“USPTO”) provided a Notice of Proposed Rulemaking in the Federal Register on October 18, 2017.  The USPTO proposes to amend the Rules of Practice in
Trademark Cases to remove the rules governing trademark interferences. This proposed rule implements the USPTO’s
work to identify and propose regulations for removal, modification,
and streamlining because they are outdated, unnecessary, ineffective,
costly, or unduly burdensome on the agency or the private sector.  Link.

The United States Patent and Trademark Office (“USPTO”) provided a practice tip that addresses when an examining attorney may presume that an applicant owns a conflicting prior registration or application, despite differences in the terminology used to identify the owner’s entity type in the respective records.  Link.

The United States Copyright Office proposed amendments to regulations governing the group registration of newspapers.  Link.

The United States Patent and Trademark Office (“USPTO”) finalized revised patent fee schedule.  Link.

The United States Patent and Trademark Office (“USPTO”) provided a notice that the Madrid Protocol has new voluntary mark description in international applications and subsequent designation forms.  Link.

The United States Patent and Trademark Office (“USPTO”) launches a two-year Diversion Pilot Program for patent and trademark practitioners that aligns USPTO with the practices of more than 30 state attorney discipline systems to help protect the public from practitioners who fail to comply with the USPTO’s standards for ethics and professionalism.  Link.

The United States Patent and Trademark Office (“USPTO”)provides notice of participatign in the signing of bilateral Memoranda of Cooperation with the Korean Intellectual Property Office (“KIPO”) and the Japan Patent Office (“JPO”) that is designed to provide the Examiner’s with the best prior art by combining the search expertise of examiners at the USPTO and JPO or KIPO before issuing an office action in the patent application.  Link.

The United States Copyright Office has initiated the seventh triennial rulemaking proceeding under the Digital Millenium Act (“DMCA”), which provides that the Librarian of Congress, upon the recommendation of the Register of Copyrights, may adopt temporary exemptions to the DMCA’s prohibition against circumvention of technological measures that control access to copyrighted works.  Link.

Call Jeff Watson for a Free patent consultation (704) 625-7747 or email me at jwatson@GWpatent.com

Intellectual Property Links: Copyright

By Jeff Watson

Jeff Watson is a patent attorney with 11+ years of experience.  He tracks the U.S. Patent and Trademark Office  and the Copyright Office for news.  Please find his most recent update below.

The United States Copyright Office has posted a final rule that makes a non-substantive technical change to the U.S. Copyright Office’s regulations governing the affixation and position of copyright notice on various types of works.  Read more here.

The United States Copyright Office published an archive of copyright office rulings and government briefs in copyright cases.  Link

The United States Copyright Office published a revision to seciton 108 with copyright exceptions for libraries and archives.  Link

Call Jeff Watson for a Free patent consultation (704) 625-7747 or email me at jwatson@GWpatent.com

Intellectual Property Links: Trademark and Copyright

By Jeff Watson

Jeff Watson is a patent attorney with 11+ years of experience.  He tracks the U.S. Patent and Trademark Office  and the Copyright Office for news.  Please find his most recent update below.

The USPTO amended its rules regarding petitions to revive an abandoned trademark application and petitions to the Director of the USPTO regarding other trademark matters and to codify USPTO practice regarding requests for reinstatement of abandoned trademark applications and cancelled or expired trademark registrations.  Read more here.

Link to the Trademark Exam Guide 02-17 on Merely Information Matter.

The United States Copyright Office is proposing to amend the regulations governing the deposit requirements for certain types of literary works and musical instruments.  Read more here.

The United States Copyright Office provided a proposed schedulde and analysis of copyright recordation fees to go into effect on or about December 18, 2017.  Link

Link to the Trademark Exam Guide 03-17 on Surname Combined with Wording.

Link to the Trademark Exam Guide 04-17 on Summary of “Revival of Abandoned Applications, Reinstatement of Abandoned Applications and Cancelled or Expired Registrations, and Petitions to the Director

Call Jeff Watson for a Free patent consultation (704) 625-7747 or email me at jwatson@GWpatent.com

Trademark Fee Changes

By Jeff Watson

Jeff Watson is a patent attorney with 11+ years of experience.  He tracks the U.S. Patent and Trademark Office for news.  Please find his most recent link below:

Trademark Fee Changes

https://www.uspto.gov/trademark/fees-payment-information/trademark-fee-changes

Intellectual Property (“IP”) – What is the difference between Patents, Trademarks and Copyrights?

Intellectual Property (“IP”) – What is the difference between Patents, Trademarks and Copyrights?

Intellectual property, also known as IP, according to the World Intellectual Property Organization (WIPO) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.  IP is protected by most national laws, including the US, by patents, trademarks, copyrights and trade secrets.  Below is a breakdown of these four mechanisms for protecting IP and how they differ:

Patents

A patent protects your invention through federal law giving you a monopoly to exclude others from practicing the invention, including the right to prevent others from making, using, selling and/or importing your invention in the US. Inventions are your creative ideas for new products (articles of manufacture), machines, processes, methods, compositions of matter, ornamentation on, or shape of, products, or new plants. An improvement on an existing product may also be patented. Utility patents protect the majority of these. To be patentable, your invention must be useful, novel and non-obvious. Design patents protect the ornamentation on, or shape of, devices. Plant patents protect new plant varieties. Utility patents give you an exclusive right or monopoly for twenty years from the date of filing. Design patents give you a monopoly for fourteen years from the date of issue, and prevent others from making the patented device with your ornamentation on them or made of your shape. As an illustrative example, a chair is a useful device. If you could obtain a utility patent on a chair with a seat and supporting legs, you could stop anyone from making a chair. That would be a utility patent and would be very powerful. If your chair had an unusual ornamental shape or seat design pattern, and obtained a design patent on it, you would be able to prevent others from making chairs with that shape or surface pattern, but they could still make other tables. Plant patents last for twenty years from the filing date of the patent application. Infringement of your patent allows you to obtain damages adequate to compensate for the infringement no less than a reasonable royalty plus interest and costs.  If the infringement is willful, damages can potentially be  enhanced to obtain treble damages plus attorney fees.

Trademarks

A trademark (or service mark for services) protects names, slogans, logos and other like marks through both federal law and common law, or state laws. Your name, slogan, logo, etc. that is used to identify your product or service to your prospective customers as the source of the goods and/or services that you are offering is the subject of trademark protection. Even your business name or website address is a trademark if you use it with your goods or services. There are both federal trademarks and state trademark registration systems. There are also common law trademarks that are not registered at either the federal or state level. Trademark protection is typically based on when you start using the mark on the goods and/or services.  However, federal trademark applications can be filed even before you are using the trademark name, slogan, logo, etc. to reserve your trademark. These are called “Intent to Use” trademark applications. Federal and state trademarks must periodically be renewed. Trademark protections is valid forever as long as you continuously use the mark and keep the registration renewed.  Federal trademarks must be renewed every ten years. If you no longer use the trademark, you lose your rights. Infringement of your trademark allows you to potentially obtain treble damages and attorney fees.

Copyrights

Copyright protection is for protecting your creative artistic expression, but only once it is set into a tangible form. For instance, you create and write a poem. There is no copyright unless the poem is recorded or written, because there is no tangible representation of your artistic expression. However, once you write, record, photograph, draw, or otherwise create a tangible record of your artistic expression, you automatically have copyright. That is, you are the only one who has the right to make or sell copies. Ideas cannot be copyrighted as useful ideas are the subject for patent protection. Examples of copyrightable materials are written words, such as in books, magazines, poems, songs; written music; performances of music; paintings and drawings; photographs, videos, architectural plans, website content and layouts, and computer software. Copyright lasts for 70 years plus the life of the creator (or last to die for multiple authors) for new works under current law. If the work is made for hire, then the term is the shorter of 95 years from publication or 120 years from creation. Copyright protection for works of authorship is automatically granted once put into tangible form.  However, only once the work is registered with the Library of Congress does federal law provide you with the right to enforce your copyright. There is the possibility of obtaining statutory damages of up to $150,000.00, plus the possibility of being awarded attorney fees. Thus, it is very important to register your copyright as soon as practicable.

Trade Secrets

Finally, trade secret protection is another means of providing protection to ideas. However, the key word here is “secret” and protection is only provided for ideas that are actively kept secret. That is, you should have policies in place that prevent its disclosure. If the owner of a trade secret lets someone who has no need to know in on the secret, it is no longer protected. Trade secrets are most suitable to keep secret formulas or processes protected, i.e. think the formula for Coca-Cola. However, if it can easily be reverse engineered independently, it won’t remain protected for long.

f you are considering protecting your intellectual property, you should consult with an attorney of your choice. For more information, please visit www.patentattorneycharlotte.com or www.GWpatentattorney.com.

Amending Trademarks – USPTO Technology Evolution Pilot Program

On September 1, 2015, the USPTO began a pilot program to allow amendments to identifications of goods/services in trademark registrations that would otherwise be beyond the scope of the current identification. The program also provides an opportunity for IP owners to avoid abandoning existing registrations the goods and services of which are no longer offered as described in the registration.

Under the program, amendments will be permitted where they are deemed necessary because evolving technology has changed the manner or medium by which the underlying content or subject matter of the identified products and services are offered for sale or provided to consumers.

Trademark owners and their counsel should review their trademark portfolio to see if they should take advantage of the pilot program with respect to any registrations covering outdated technology. Counsel may be able to get greater protection for their marks if they can amend the goods and services identifications rather than delete out any obsolete technology.

USPTO Satellite Offices

USPTO Satellite Offices – Coming Soon To a Time Zone Near You

 

December 2014

Patent Case Summaries

Patent, Trademark and Copyright Cases To Watch In 2015

Patent, Trademark and Copyright Cases To Watch In 2015

Patent Cases To Watch In 2015

The U.S. Supreme Court will decide three patent cases involving claim construction, induced infringement and patent royalties in 2015, while the Federal Circuit grapples with the fallout from the high court’s recent patent-eligibility rulings and the standards for America Invents Act reviews.

Patent Legislation To Watch In 2015

After a bill aimed at cracking down on so-called patent trolls stalled in Congress last year, attorneys expect lawmakers to make a major push to enact legislation on the issue in the coming months, and also possibly weigh measures to clarify patent eligibility and extend the life of some drug patents.

Copyright And Trademark Cases To Watch In 2015

The worlds of copyright and trademark law are going to be anything but soft in 2015, with two trademark cases pending before the U.S. Supreme Court, a showdown between Google and Oracle over software copyrights looming, and more.

Fed. Circ. To Weigh Patent Impact Of ‘Raging Bull’

The Federal Circuit will consider whether the U.S. Supreme Court’s “Raging Bull” decision limiting laches as a defense in copyright cases applies equally to patent law, agreeing to conduct an en banc rehearing of its decision that an adult diaper patent suit was barred by laches because the patent owner waited too long to file suit.

Motorola Urges 9th Circ. To Overturn Landmark RAND Ruling

Motorola Inc. has hit back at Microsoft Corp.’s attempts to kill Motorola’s Ninth Circuit appeal of a decision that Motorola had breached an obligation to license its standard-essential patents to Microsoft on fair terms, saying that Microsoft is trying to evade infringement liability by hiding behind a breach-of-contract suit.

PATENTS

PTAB Says Filing Misstep Dooms Movie Studios’ AIA Bids

The Patent Trial and Appeal Board has rejected petitions by Paramount Pictures Corp. and other Hollywood studios seeking inter partes review of two DVD patents owned by Nissim Corp., ruling that the petitions failed to list all of the interested parties in the dispute.

DC Circ. Voids $200M Judgment In Cuba Torture Row

The D.C. Circuit has refused to let a man who was allegedly tortured while incarcerated in Cuba in the early 1970s execute a $200 million default judgment upon patents and trademark registrations issued to nearly two dozen Cuban research institutes and enterprises, voiding the judgment.

Nexium Buyers Seek New Trial In Pay-For-Delay Case

A group of Nexium buyers has asked a Massachusetts federal court for a new trial over antitrust claims that AstraZeneca PLC and Ranbaxy Inc. used a patent settlement to delay the launch of a cheaper generic version of the heartburn treatment.

NY AG Says Actavis Can’t Suspend Antitrust Injunction

The New York attorney general has urged the Second Circuit to deny Actavis PLC’s bid to hit the brakes on an injunction that prevents it from halting sales of immediate-release dementia drug Namenda while the drugmaker pursues an appeal in the antitrust case, saying patients would be irreparably harmed.

COPYRIGHTS & TRADEMARKS

Turtles Say It’s Game Over For Sirius’ ‘Fictional Analysis’

Three weeks after a New York federal refused to reverse her ruling that Sirius XM needs to pay to play pre-1972 records, the band that’s suing the satcaster is urging her to grant it full victory in the case.

9th Circ. Overturns ‘Pom’ Trademark Ruling

The Ninth Circuit this week vacated a lower court’s decision to deny Pom Wonderful LLC a preliminary injunction blocking the sale of a “pur pom” energy drink, saying the trial judge botched the likelihood of confusion analysis.

Google Pushes High Court To Take Up Java Copyright Row

Google Inc. recently told the U.S. Supreme Court that it isn’t trying to undermine copyright protection for all computer code in its battle with Oracle Corp. over the use of its Java programming language, saying only certain parts of the language aren’t copyright-eligible.

Shopping App Maker InMarket Ducks Injunction Bid In TM Suit

A New York federal judge has denied a request by Berkley Networks Corp. to bar rival InMarket Media LLC from using the “inMarket” trademark for its shopping discount app for smartphones, ruling that Berkley Networks can’t get swift court action after years of “lassitude.”

New examination guide for specimens for service marks.

New examination guide for specimens for service marks.
https://www.ncbar.org/media/30103705/examinationguideforspecimens.pdf
This examination guide reviews the requirements for service mark specimens; discusses issues that frequently arise and
explains the relevant potential refusals; addresses the common types of specimens submitted in connection with modern
technology-related services; and provides examples.While the guide focuses on service marks for computer technology services in terms of discussion and examples, the stated specimen examination principles generally apply to all service-
mark specimens.
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