How to Remove Invalid Trademark Registrations Through Cancellation Actions When a competitor registers a trademark that interferes with your brand or violates your rights, the U.S. Patent and Trademark Office (USPTO) provides a mechanism to challenge it: the petition to cancel. A cancellation proceeding is a process administered by the Trademark Trial and Appeal Board […]

Advantages of the Patent Prosecution Highway for International Patent Portfolios The Patent Prosecution Highway (PPH) is an international initiative that enables accelerated examination of patent applications through cooperation among participating patent offices. For business owners and attorneys seeking faster intellectual property protection, the PPH is useful tool for streamlining the patent prosecution process. What Is […]

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 […]