When you file a trademark application with the U.S. Patent and Trademark Office (USPTO), a trademark examining attorney will perform a search to determine, among other things, whether or not your mark is likely be confused with that of another…
An accused patent infringer can face enhanced damages of up to three times actual damages if the accused infringer is found to have willfully infringed a patent. 35 U.S.C. § 284. In litigation, both parties should consider whether an accused…
In the digital age we have so much access to information and technology it can often be overwhelming. As an entrepreneur it is easier than ever to get your ideas out there, but what exactly do you need to know…
In trademark law, certain words can be difficult to protect. The United States Trademark Office (referred to in this article as “Trademark Office”) requires that a trademark holder disclaim the “exclusive” right to use unregisterable portions of a trademark or…
DECISIONS, DECISIONS – OPTIONS FOR RESPONDING TO A USPTO FINAL OFFICE ACTION When an applicant receives a “Final Office Action”, the applicant has several options for responding. Below is a brief explanation of each option. Option 1. File a Notice of…
Given that my practice is focused on patent and trademark law, many people often ask me if a business must be selling products in order to file for registration or protection of a trademark. The short answer to that question…
Attorneys must be cautious before filing a patent infringement lawsuit. Often times a client will allege that its patent is being infringed by a competitor. However, an attorney has a duty to conduct an investigation to determine if this is…
A patent troll is the term given to a non-practicing entity (“NPE”) or Patent Assertion Entity (“PAE”) that asserts bad faith claims of patent infringement against another business or individual. Patent trolls do not produce or use a product or…
