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Expungement Proceedings Under the TMA – a Glass Cannon Against Unused Federal Trademark Registrations
One of the requirements for establishing and maintaining trademark rights is using that mark. More accurately, an owner of a federally registered trademark must use their mark in commerce in the United States in connection with the goods or services identified in the registration. But while the USPTO generally requires…
The DMCA Provides Online Enforcement for Copyrights… What About Other IP?
Internet and internet-related scams are constantly evolving. Increasingly, online marketplaces are filled with counterfeit products that may infringe on your patent, or your trademark may be used to attempt to bring legitimacy to a fake social media account or in a fraudulent email.
Online takedown requests are a common intellectual…
3 Things to Consider Prior to Seeking International Patent Protection
In our interconnected world, inventors often seek patent protection in multiple countries to safeguard their innovations from unauthorized use, production, importation, and sale. As highlighted in our earlier blog post (see “International Patent Protection Strategy” from May 2023), it is crucial for applicants to carefully evaluate where they plan…
Unlocking History Through Patents
When people think of patents, they often imagine large companies expanding their intellectual property portfolios or competing for technological dominance. However, patents serve another important role—they are a historical record of innovation in America. The U.S. patent system dates back to the founding of the country, with Article 1, Section…
The Power and Perils of DMCA Takedown Notices: Protecting Copyrights or Silencing Creators?
Copyright takedown notices under the Digital Millennium Copyright Act (DMCA) and 17 U.S.C. § 512 can be powerful tools for rightsholders to enforce their copyrighted material against infringing third parties. If you have ever had the misfortune of dealing with copyright infringement, you may know how quickly the infringing content…
New USPTO Patent and Trademark Fees Take Effect in January 2025
The United States Patent and Trademark Office (USPTO) has issued a final rule that will adjust trademark and patent fees in 2025. The USPTO has set or adjusted 433 patent fees (effective January 19) and 28 trademark fees (effective January 18). The highlights are summarized below.
Complete information on the…
Easy as (Pumpkin) Pie? Obtaining IP Rights for Your Newest Thanksgiving Recipe May Not Be as Straightforward as You Think
Thanksgiving is filled with traditions – sharing what you are thankful for, enjoying family recipes, playing games together, and watching football. Naturally, though, traditions evolve with new ideas. This year, you may think of a better or more creative way to prepare your pumpkin pie for Thanksgiving. Can you protect…
Beware of Trademark Scams
Increasingly, bad actors will exploit information found in publicly available United States Patent and Trademark Office (“USPTO”) records to engage in fraudulent schemes. When applying to register a trademark, be mindful that information provided to the USPTO may become part of the public record. To avoid falling victim, it is…
Trademark Clearance Searching: What It Is and Why It’s Important
What is a trademark clearance search and why is it needed?
A trademark clearance search is the process of screening a proposed trademark (e.g., word, logo, phrase, etc.) to determine if the mark is available for use and/or registration (such as at the federal level at the U.S. Trademark Office).…
Steer Clear of Copyright Infringement: Tips for Using Images Online
One may think that if an image appears online, it is fair game to copy that image for your own use. This practice, however, can expose you and your company to liability for copyright infringement. A timely filed copyright registration is a powerful asset, as it allows the owner to…