Balancing Free Speech and Trademark Rights Trademark parodies sit at the intersection of creativity and commerce. From dog toys mimicking famous whiskey bottles to pop songs referencing iconic dolls, parody uses of trademarks can be humorous, but are often legally tricky. When does a playful spoof cross the line into trademark infringement? There is a […]

CMI Purpose, Legal Claims, and Best Practices Copyright Management Information (CMI) is the identifying data that accompanies a creative work, such as title, author, copyright owner, and usage terms. This information is often embedded in metadata or displayed with the work. In the modern digital age, this information plays a crucial role in managing rights […]

Allowing Similar Marks to Peacefully Coexist Trademark coexistence agreements are contracts that permit two parties to use similar or identical trademarks without interfering with each other’s business. Essentially, it’s a formal agreement between trademark owners to avoid conflict by dividing their rights, e.g., by splitting along regions or product lines. These agreements often come into […]

Ensuring Your Patent Claims Are Fully Supported When you apply for a U.S. patent, you can’t just claim an invention. You must also teach others how to use it. This concept is known as patent enablement, a core requirement in U.S. patent law. In simple terms, the patent’s specification and drawings must contain enough detail […]

An Explanation of Counterfeit Marks and Counterfeit Products Trademark counterfeiting is the unauthorized use of a counterfeit mark, essentially unauthorized use of a business's exact trademark on goods or services not provided by the company, with the intent to deceive consumers into believing they are buying genuine products. This form of trademark infringement is a […]

Their Roles as Patent Practitioners Patent agents are federally-licensed professionals who help inventors and companies secure patents. They are not attorneys, but they are licensed to prepare and prosecute patent applications before the United States Patent and Trademark Office (USPTO). We explain here what patent agents are, their qualifications, how they differ from patent attorneys, […]

Providing Notice of Patented Products Online Patent owners have a legal incentive to mark their products with patent information to put the public on notice of their patent rights. Traditionally, this meant stamping or labeling products with patent numbers. However, virtual patent marking is a modern alternative that allows businesses to use a website to […]

An Explanation of the USPTO Patent Appeal Process When a patent application faces repeated rejections at the United States Patent and Trademark Office (USPTO), the applicant has the right to appeal those decisions through the USPTO's patent appeals process. This process allows a dissatisfied patent applicant to seek review by an impartial appeal board: the […]

How Can Domain Names Result in Legal Liability? A domain name can be as important as a storefront. It is often the first impression many customers will have of your business. Trademark infringement occurs when a website address (a domain name) uses another party’s trademark or service mark in a way that confuses consumers on […]

Timeline and Guide for Business Owners The trademark opposition process is a legal procedure conducted at the Trademark Trial and Appeal Board (TTAB) of the United States Patent and Trademark Office (USPTO) that allows a third party to challenge a pending trademark application before it becomes registered. The TTAB is an administrative tribunal within the […]