When is an ITU Application Appropriate and Useful? An "intent to use" (ITU) trademark application can be a valuable first step in the trademark registration process. A business can secure priority in a brand name, logo, or slogan (the trademark) before the business establishes any sales under the trademark. An intent to use application allows […]

Determining What Patent Claims Mean in Litigation. A Markman hearing, also called a claim construction hearing, is a pivotal proceeding in U.S. federal patent litigation where a judge (not a jury) determines the meaning of disputed claim terms in a patent. This interpretation shapes the scope of a patent holder’s rights and often decides the […]

An Explanation of the Legal Services and Value of Trademark Attorneys When launching or growing a business, one of the most critical assets you can develop is your brand identity. Your brand distinguishes your products or services from competitors and creates lasting recognition in the minds of consumers. At the core of brand protection lies […]

FTO Searches and Analyses Determine Whether You Can Pursue a New Product, Service, or Technology When launching a new product, service, or technology, you want to know whether you can do so without infringing third party intellectual property. To make this determination, it is often necessary to conduct a Freedom to Operate (FTO) search and […]

Extending Brands and Business Opportunities A trademark license agreement is a transaction in which one business (licensor) allows another (licensee) to lawfully use the licensor's trademark in exchange for a licensing fee. A trademark license agreement allows a licensee to leverage a licensor's established brand recognition without owning the mark. For the licensee, the agreement […]

What Kind of Monetary Recovery is Available? U.S. patent law provides for both injunctive relief, which halts infringing activity, and monetary compensation for the harm suffered by the patent holder. The monetary compensation may be measured in the patent holder's lost profits or a reasonable royalty that the infringing party would have paid. Also, in […]

Building Trademark Rights in Descriptive Trademarks Trademarks vary in their distinctiveness and ability to uniquely identify a source of goods or services. Some marks are inherently distinctive and can function as trademarks right away. For example, NIKE is a distinctive trademark with respect to athletic wear and shoes because it has no meaning with respect […]

How Patents Expire and Lapse - the Legal Implications It is generally known that patents allow the owner exclusive rights to exploit an innovation. However, the period of that protection is limited. There is a basic quid pro quo that underlies US patent law: if you develop a new and useful invention, you can have […]

Business Owners Should Understand the Different Types of Trademarks When launching a new product, service, or business, you should create a brand around it and protect that brand. It is a worthwhile exercise to familiarize yourself with the different types of trademarks available under trademark law. Whether you're naming a new streaming service, labeling an […]

Patent Process Timeline The patent application process is complicated, with many technical and procedural requirements that many businesses, entrepreneurs, and inventors are unaware of. The path from concept to patent grant takes considerable work, expertise, and time. Each stage of the process carries distinct legal and procedural requirements under U.S. patent law. This article details […]