Key Differences in U.S. Intellectual Property Protection Two primary forms of intellectual property protection are trademark and copyright, each serving distinct purposes under U.S. intellectual property law. In essence, trademarks protect brand identity in commerce, while copyrights protect creative works and original expression. This article provides a clear comparison of trademark and copyright law in […]

Protecting Ornamental Design vs. Functional Features Design patents protect the ornamental design or visual characteristics of a tangible product, referred to as an “article of manufacture”. Essentially, design patents protect how the product looks. This is in contrast to utility patents, which protect new and useful inventions: how a product works or is used. In […]

Guide to U.S. Trademark Appeals Before the TTAB When a trademark application faces a final refusal from the United States Patent and Trademark Office (USPTO), the applicant isn’t out of options. U.S. trademark law provides a process to appeal such refusals to a specialized administrative tribunal called the Trademark Trial and Appeal Board (TTAB). A […]

Key Differences and What You Should Understand It is generally known that patents are forms of intellectual property that provide exclusive rights to innovations. However, it is less commonly known that there are different patent types that protect different types of innovation. In the United States, inventors can seek utility patents or design patents, as […]

What is it? What rights does it provide? The United States Patent and Trademark Office (USPTO) has two trademark registers: the Principal Register and the Supplemental Register. The Principal Register is the primary registry, offering the strongest protection for trademark owners, while the Supplemental Register is an alternative for marks that are not yet eligible […]

A Guide to the Patent Application Process Securing a patent can provide crucial patent protection for a startup’s innovation, but the patent examination process may seem daunting to non-attorneys. In the United States, patent applications are reviewed by the U.S. Patent and Trademark Office (USPTO) through a structured patent examination process that can span many […]

Can you Protect a Fictional Character with Copyright? Fictional characters are valuable intellectual property for many businesses. Think of iconic figures like Mickey Mouse, Harry Potter, or James Bond. Protecting fictional characters under intellectual property laws can provide valuable legal protection for creative works. Both copyright law and trademark law offer ways to shield characters […]

How to Handle Trademark Refusals by the United States Patent and Trademark Office When you apply for a federal trademark in the United States, you may receive a trademark office action, an official letter from the U.S. Patent and Trademark Office (USPTO) examining attorney that lists any legal problems with your application or proposed trademark. […]

Understanding Their Role in the Patent Process Patent examiners are the gatekeepers of patent rights in the United States patent system. They are employed by the United States Patent and Trademark Office (USPTO), a federal agency under the Department of Commerce headed by the Director of the USPTO. Their primary job is to examine patent […]

Keeping Your Federal Trademark Registration Active Trademark renewal filings are required to maintain a federal trademark registration and the legal protection it provides. Under U.S. trademark law, a trademark registration issued by the United States Patent and Trademark Office (USPTO) remains valid for ten years from the registration date. The trademark owner must submit a […]