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Tag: USPTO

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: Dunlap Bennett & Ludwig [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… 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

Is the Legal Tide Ebbing on Abstract Idea Rejections?

By: Anna Kinney   [3/25/22] Applicants for a new United States (US) nonprovisional application or National Stage Entry application may see a new form paragraph in their first Office Action between now and the end of July. The United States Patent and Trademark Office (USPTO) has initiated a new invitation-only pilot program to address subject matter eligibility rejections… Continue reading Is the Legal Tide Ebbing on Abstract Idea Rejections?

Trademark Modernization Act: New Expungement and Reexamination Proceedings

By: Hyung Gyu (Leo) Sun The Trademark Modernization Act (the “TMA”) was enacted on December 27, 2020, amending the Trademark Act of 1946 (the “Lanham Act”), among other things, to establish new ex parte (single party) expungement and reexamination proceedings to cancel marks registered with the United States Patent and Trademark Office (the “USPTO”) for which the… Continue reading Trademark Modernization Act: New Expungement and Reexamination Proceedings

Trademark Modernization Act: Office Action Deadline Changes

By: Dunlap Bennett & Ludwig   Trademark Modernization Act: Office Action Deadline Rules Change   The trademark bar and its clients, trademark owners, have been clamoring for some dramatic changes to procedural trademark rules for some time because of a significant increase in fraudulent trademark applications and “deadwood” registrations (registered marks not being used in… Continue reading Trademark Modernization Act: Office Action Deadline Changes

U.S. Patent and Trademark Office Set to Increase Trademark Filing Fees as Soon as October 2020

U.S. Patent and Trademark Office (“USPTO)  Set to Increase Filing Fees as Soon as October 2020 [UPDATE] The increased filing fees will take effect on January 2, 2021.  [Aug. 7, 2020] The United States Patent and Trademark Office (“USPTO”) issued a rulemaking on June 19, 2020, proposing to raise its fees for certain types of Trademark filings. The… Continue reading U.S. Patent and Trademark Office Set to Increase Trademark Filing Fees as Soon as October 2020

Intern Program

As part of our effort to recruit, develop and retail the best and brightest attorneys, Dunlap Bennett & Ludwig offers a summer intern program for promising law school students who are looking to work as part of an innovative and incredibly successful team. With a global team of lawyers, selected candidates are able to work on high level projects in a collaborative space.

Paralegals and Legal Support Staff

At Dunlap Bennett & Ludwig, our team of paralegals and staff work together collaboratively along side our attorneys toward a common goal. We have created a positive work environment where our paralegals and legal assistants work to successfully reach firm-wide goals and support each other to combine individual strengths to enhance team performance. They regularly assist our attorneys with organizing and maintaining files, conducting legal research, and preparing documents.