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Tag: USPTO

Could TRUMP TOO SMALL Shrink Free Speech Rights in The Trademark Application Process?

Trump Too Small Trademark Case and USPTO Free Speech Rights   October 11, 2023   |   By: Dunlap Bennett & Ludwig   The U.S. Supreme Court will hear arguments on November 1, 2023 for Vidal v. Elster, a case that questions whether an application to register “TRUMP TOO SMALL” as a mark can be refused registration,… Continue reading Could TRUMP TOO SMALL Shrink Free Speech Rights in The Trademark Application Process?

Patents are Going Paperless

April 12, 2023   |   By: Anna Kinney   USPTO Transitions From Hardcopy Patents   Inventors prize their bound hardcopy patents for both sentimental reasons and because the hardcopy can be useful in negotiation. The USPTO only issues one original “Letters Patent.” If a patent is lost or destroyed, the best the owner can do is… Continue reading Patents are Going Paperless

Artificial Intelligence (AI) as an Inventor?

March 22, 2023   |   By: Tom Dunlap   Can Artificial Intelligence (AI) invent or create legally protectable inventions? And if AI has the ability to do so, can and should these inventions be allowed patent protection by the USPTO?      The legal issue surrounding the naming of AI as an inventor at the United… Continue reading Artificial Intelligence (AI) as an Inventor?

Reducing Fees to Unleash Innovators

February 21, 2023   |   By: Anna Kinney Overnight, the US Patent and Trademark Office (USPTO) lowered many fees for small and micro entities due to a component of the Consolidated Appropriations Act signed on December 29, 2022. The component, entitled “Unleashing American Innovators Act,” addresses disparities in the US patent system and is intended to… Continue reading Reducing Fees to Unleash Innovators

What is a Trademark “Specimen” and Why is it Important?

A trademark specimen is a real-world example of your brand being used to identify your goods or services (e.g., a photograph of a t-shirt with your brand name on the inside label). To qualify for federal trademark protection, you must use your mark in interstate commerce. Your specimen is your evidence that you qualify for… Continue reading What is a Trademark “Specimen” and Why is it Important?

How to Handle a Trademark Opposition

Receiving a Notice of Publication is perhaps one of the most exciting and gratifying parts of the trademark process short of getting an actual Registration Certificate. Now that you have successfully made it through the examination process at the United States Patent and Trademark Office (“USPTO”) your mark will finally be published in the USPTO… Continue reading How to Handle a Trademark Opposition

The Role of Patents in Prescription Drugs

By: Anna Kinney  [9/22/22] Americans spend on average about $1,300 per person per year on prescription drugs, which represents only about 13.3% of the total paid-for drugs in the US. Private insurers, Medicare, and Medicaid pay another 81.8%. These costs are higher in the US than in the rest of the world and the prices… Continue reading The Role of Patents in Prescription Drugs

COFC Upholds Agency Use of Transitive Property of Inequality and Highest Technically Rated with a Fair and Reasonable Price

By: Jonathan Brittin  [8/29/22] In May 2022, the Court of Federal Claims (“COFC”) issued three interesting decisions, all arising under the same procurement.  Stratera Fulcrum Technologies, LLC v. United States, No. 21-1770; RCH Partners v. United States, No. 21-1702; and M6-VETS, LLC v. United States, No. 21-1736. In the decisions, the COFC held that an agency’s use of the “transitive… Continue reading COFC Upholds Agency Use of Transitive Property of Inequality and Highest Technically Rated with a Fair and Reasonable Price

Killing Them Easier: USPTO “Reverses” the Federal Circuit on Genericness

By: Daniel Davis  [8/1/22]   Generic terms—terms that are primarily understood to be the name of a product or service—cannot be trademarks. [1] For example, one cannot register APPLE as a trademark for (you guessed it) apples. [2] When a trademark becomes generic, the mark falls into the public domain, and anyone can use it. [3] Because becoming generic terminates the… Continue reading Killing Them Easier: USPTO “Reverses” the Federal Circuit on Genericness

Electronic Trademark Registration Certificates

The United States Patent and Trademark Office (“USPTO”) started issuing electronic trademark registration certificates on May 24, 2022, approximately two weeks earlier than initially planned. The USPTO blamed the accelerated issuance on a “paper vendor disruption,” however one wants to interpret that. Instead of the USPTO issuing a formal paper certificate with its gold seal,… Continue reading Electronic Trademark Registration Certificates

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