Design patent claims protect the ornamental design of an article of manufacture. Unlike a utility patent, which covers functional aspects, a design patent focuses on the visual appearance, including the shape, configuration, or surface ornamentation of the claimed design. A design patent has a single claim that refers to the design patent drawings that illustrate […]

What is a Trademark Specimen? Prior to applying for a trademark or service mark registration, it is crucial to understand the specimen requirements set forth by the United States Patent and Trademark Office (USPTO).  A trademark specimen of use is evidence demonstrating the actual use of a trademark or service mark in commerce concerning the […]

What Constitutes Non-Analogous Art? Obviousness under US Patent Law An invention must be non-obvious when compared to related prior art. Specifically, under 35 U.S.C. § 103, an invention cannot be patented if the differences between the claimed invention and the prior art are such that the invention as a whole would have been obvious at […]

Care should be taken in the New Product and Concept Development Introducing new product ideas and services is the life blood of many businesses. There are numerous steps along the path to a developing a new product vision. For instance, a product idea must be evaluated for its technical feasibility, manufacturing costs, and potential profit […]

The Effects of Restriction Requirements in Design Patents: Prosecution History Estoppel and Design Patent Infringement US patent law provides for exclusive rights in an original ornamental design through issuance of a design patent. The primary focus of a design patent is not the functional features of a product but rather its ornamental features. The "claimed […]

There must be Use in Commerce  A trademark (word, name, symbol, sound, or design) is a source identifier for goods and/or services that are provided in connection with the mark. The trademark serves to indicate to the consumer the likely quality and character of the goods or services based on the reputation the trademark owner […]

At a time when the health of the U.S. economy and creating and maintaining U.S. manufacturing jobs are top of mind, the “Made in the USA” claim on products resonates among consumers. The claim communicates the entrepreneur’s efforts to create or preserve American jobs. While the value of an origin claim from the U.S. is […]

CASE Act As part of the Consolidated Appropriations Act for 2021 signed into law on December 27, 2020, the Copyright Alternative in Small-Claims Enforcement (CASE) Act was passed.  The CASE Act establishes a tribunal called the “Copyright Claims Board” (CCB) within the U.S. Copyright Office to handle small-scale claims of copyright infringement. Copyright registrants can […]

US Supreme Court finds that the US Trademark Office is Too Restrictive on Registering Domain Names as Trademarks. PROTECTING DOMAIN NAMES AS TRADEMARKS:  In the modern commercial world, practically every business sets up a web site, which means that the business must also select a domain name. It is often desirable for the business to […]

Trademark Modernization Act passed as part of Consolidated Appropriations Act On Sunday, December 27th, President Trump signed into law the Consolidated Appropriations Act for 2021. As part of the legislation, the Trademark Modernization Act (TMA) was passed as well. The TMA imposes several significant changes on US trademark law. The TMA is the most sweeping […]