Patent Trademark Blog

JANUARY 10, 2024

Is there a single design patent application that covers the EU? You can file a single European design patent application that covers the EU countries. If and when granted, a single registration called a Registered Community Design (RCD) would provide you with exclusive rights in all EU countries.

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Design Patent Design Designs Patent Application 52

IP and Legal Filings

JUNE 9, 2022

There are added benefits to each IPR that come along with their registration. Registration is the procedure of filing a particular mark/ name under the respective authority of legal statutes. Registration thus provides legal benefits and protection as well as special exclusive rights to the proprietor of the registered IPR.

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Registration Design Designs Trademark 93

Patent Trademark Blog

NOVEMBER 30, 2023

Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Before making that decision, keep in mind the 1-year grace period for filing US patents. Rejected Trademark Application?

Design Patent 52

Design Patent Design Designs Trademark 52

Patent Trademark Blog

FEBRUARY 24, 2022

Should you use a design patent to protect your new product? When compared to utility patents , design patents are often overlooked as an IP asset. Let’s explore when it makes sense to pursue a product design patent. Let’s explore when it makes sense to pursue a product design patent.

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Design Patent Design Designs Graphic Design 52

Patently-O

OCTOBER 18, 2022

The USPTO is seeking comment on two proposals that would expand the scope of who may become a “patent attorney” Expanding admission criteria for registration to practice in patent cases before the USPTO. Expanding opportunities to appear before the Patent Trial and Appeal Board (PTAB).

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Design Patent Design Designs Litigation 58

Patently-O

FEBRUARY 4, 2024

by Dennis Crouch On Monday, February 5, 2024, the Federal Circuit will sit together for the first time in years to hear an en banc patent case. GM Global Technology Operations LLC , the court will consider whether to apply a more stringent obviousness test to design patents. Teleflex also applies to design patents.

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Design Patent Design Designs Patent 53

LexBlog IP

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Article 2.4 Section 4.4.2

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Design Patent Design Designs Patent 52

Patent Trademark Blog

JANUARY 12, 2023

How to Use Patent Public Search (PPUBS). Wouldn’t it be great if you can find how many patents have been obtained by a patent attorney or agent? Using the new tool by the USPTO called Patent Public Search (PPUBS), you can search for patent grants by practitioner name. Which patent database should you search?

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Patent Patent Application Registration IP 98

LexBlog IP

JUNE 18, 2023

Patent Practice: Creation of a Design Patent Practitioner Bar by John DeStefano The United States Patent and Trademark Office (USPTO) has proposed a significant change to the rules of practice in patent cases. Enable more underrepresented groups to practice design patent law. Proposed Changes to U.S.

Design Patent 52

Design Patent Design Designs Patent 52

Patently-O

OCTOBER 8, 2021

36 Judgment without any opinion (the original complaint included some design patents as well). 1064(3) for determining whether a registered trademark has “become” generic applies where a term originated as generic before registration. On appeal, the Federal Circuit affirmed in a R.36 Supreme Court, asking two questions: 1.

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Trademark Registering Trademarks Licensing Design Patent 136

43(B)log

OCTOBER 1, 2022

Design patents play a role when we have them, typically a handbag/jewelry/diamond cuts/chain designs/shoes. Seems like a lower bar for entry for design patent than TM protection. Lowry: For many people/products, the first few years are the only years that matter, and design patents are a tool for that.

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Intellectual Property Design Patent Law Design 84

JD Supra Law

AUGUST 1, 2023

United States applicants can file a single design patent application under the Hague System, now designating Brazil and 96 other countries, including the U.S. Filing a design patent in Brazil has never been easier. As of August 1, 2023, U.S.

Design 52

Design Designs Registration Design Patent 52

Patently-O

NOVEMBER 21, 2021

So much so that the post-1902 Act regional circuit design patent cases invalidating design patents on functionality grounds would come out oppositely under the Federal Circuit’s lax standards. In 2015, it sought copyright registration of this useful article as a sculptural work.

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Design Designs Copyright Design Patent 75

Patent Trademark Blog

JANUARY 18, 2024

Can the right patents help you sell more? At the end of the day, patents must serve your business goals if they are going to be worth pursuing. The right patents can help you increase sales of innovative products. A winning formula boils down to: Getting the right patents; and Enforcing your patents cost-effectively.

Design Patent 52

Design Patent Patent Cease and Desist Design 52

The TTABlog

FEBRUARY 10, 2022

Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality refusal of the design of a "serration pattern" on the blade of a knife (shown below). See TTABlog comment below. -

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Advertising Advertising Design Patent Design 90

Patent Trademark Blog

DECEMBER 13, 2023

How do you get patents that will stop Amazon sellers from taking your sales? Do you need a design or utility patent , or both ? How do you know if your patent claims are any good ? What matters most in getting patents to stop Amazon sellers from copying your product? Your focus should be on the patent claims.

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Design Patent Patent Design Designs 52

Patent Trademark Blog

MAY 15, 2023

Why Amazon Brand Registry Matters to Patent Owners Amazon sellers who own patents will want to take full advantage offered by Amazon Brand Registry for enforcing utility patents and handling design patents. Or, do you search trademark registrations before adopting a brand name? Then incorporate.

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Branding Brands Branding Trademark 97

Patent Trademark Blog

MAY 26, 2023

Is it too late for you to file a patent? Did you miss a patent filing deadline? Or, did you not even know that patents had to be filed by a certain time after you begin selling your product ? Is there still a way to get IP if you’re too late to patent your products? Need IP for a product that is too late to patent?

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IP Patent Design Patent Artwork 75

Patent Trademark Blog

MARCH 24, 2022

To build protectable trademark rights, you must generally begin using a mark to sell goods or services, or file a US trademark application based on a foreign registration for the same mark. If your ITU application matures into a registration, your ITU filing date will be treated as if you began using the mark on that date.

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Intellectual Property IP Patent Application Invention 98

LexBlog IP

APRIL 17, 2023

REGISTRATION NOW OPEN – 16 th Annual USPTO Design Day on May 4, 2023 Registration for the 16th Annual USPTO Design Day 2023 has been made available and interested parties can register virtually or in person here. The 16th annual Design Day will be held on May 4, 2023, from 10 a.m.-5

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Registration Design Designs Intellectual Property 40

Indiana Intellectual Property Law

AUGUST 9, 2022

PUMA applied for a Federal Trademark registration under Application Serial No. PUMA also alleges that the Brooks shoe the “Aurora BL” infringes upon their Design Patent No. 1114 and Design Patent Infringement in violation of 35 U.S.C. § § 271 and 283. PUMA North America Inc.

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Patent Infringement Cease and Desist Trademark Design Patent 52

Patently-O

AUGUST 7, 2021

Here’s their announcement: The Elevate Your Prosecution 2021 conference on patent prosecution will be held in the Murano room of the Grand America in Salt Lake City on Friday, September 24 – Saturday, September 25. You can register at www.elevateyourprosecution.com/registration/.

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Intellectual Property Law Patent Prosecution Intellectual Property IP 99

The TTABlog

MARCH 5, 2024

Once again, the existence of a patent established the functional benefits of the design: it "enables the user to secure the holster within the waistband, and the gun within the holster, with minimal bulkiness and weight and with maximum comfort." indicates that the design is not de jure functional.

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Design Patent Design Designs Trademark 72

Patent Trademark Blog

MAY 11, 2022

File design patents to protect the appearance of the product. While design patents do not protect the function of your product, this valuable IP right may still be obtained to protect the looks of a functional product. But, what if you don’t own any patents and it’s too late to file a patent application ?

Design Patent 52

Design Patent Design Designs Registration 52

Patent Trademark Blog

FEBRUARY 26, 2024

Contact US patent and trademark attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to explore how we can register your clothing brand’s trademarks, patents and copyrights. How to Design Patent the Appearance of Clothing Does your article of clothing have some unique 3-dimensional features?

Branding 52

Branding Brands Branding Trademark 52

Patently-O

JULY 13, 2021

Design Patent No. The reexamination examiner agreed with the challenge and issued a final rejection that the claimed design was anticipated by four different prior art references. First to Disclose : Two of the references were Chinese Design Registrations filed and published a couple of months before Zhang’s filing date.

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Inventor Art Design Designs 78

LexBlog IP

MARCH 6, 2023

Previously, patents—a limited monopoly allowing a patent holder to bar competitors from making/using/selling/importing a claimed system or method—were of limited use for those in the cannabis industry. 1] The asserted patents were: U.S. Patent No. Patent No. Patent No. Patent No.

Litigation 52

Litigation Patent Design Patent Intellectual Property 52

43(B)log

FEBRUARY 3, 2023

and design patents were hard to get/not as valuable at the time. There’s not evidence of a litigation history of the few midcentury modern design patents, even though Herman Miller etc. Almost all of these designs were abandoned/discontinued circa 1955, and only brought back after other people restored their popularity.

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Design Designs Design Patent Branding 59

Intepat

DECEMBER 12, 2024

However, protecting these interfaces involves navigating complex layers of copyright, design patents, and other intellectual property laws that cover specific aspects of GUIs. In the United States, GUIs can receive protection through both copyright and design patents.

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Copyright Artistic Work Design Patent Design 52

43(B)log

OCTOBER 9, 2023

21, 2023) Deetsch alleged that he owned design patents for CPAP pillow products, which the Lei defendants infringed. They also allegedly used Deetch’s image in ads and on packaging, and allegedly falsely claimed on Amazon that their pillow products “were designed in the United States but are manufactured in China.”

Advertising 72

Advertising Advertising Branding Brands 72

Indiana Intellectual Property Law

APRIL 26, 2024

Swim USA asserts that it has diligently pursued protection for its intellectual property through design patents and trademark registrations. Specifically, the defendants are accused of replicating patented swimsuit designs and unlawfully using the SWIM SOLUTIONS® trademark.

Branding 52

Branding Brands Branding Trademark 52

IP and Legal Filings

AUGUST 27, 2022

Section 171 of title 35 United States Code provides “whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent thereof”. Because of the emerging technologies such as projections, virtual and augmented reality, the USPTO is exploring the arena of protection of digital design patents.

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Design Patent Design Designs Technology 52

Patent Trademark Blog

JUNE 8, 2023

Do you need to find a new patent lawyer? What are the signs that you need a new patent lawyer? If the time is right to make a change, how do you go about finding the right patent attorney ? Need a new patent attorney? What are some excuses that do not justify changing your patent lawyer?

Patent 52

Patent Patent Application Cease and Desist Trademark 52

IP Tech Blog

FEBRUARY 9, 2022

On February 5, 2022, China acceded to Hague System for the International Registration of Industrial Designs. The Hague provisions will become effective in China on May 5, 2022.

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Design Designs Design Patent Inventor 67

More Than Your Mark

AUGUST 27, 2021

Even major newspapers often get it wrong, saying a company has a patent on using a word or copyright on a technique or process. Here’s an easy guide to understanding the differences between copyright, patent, and trademark. What Is a Patent? Patents protect inventions. What Is a Copyright? What Is a Trademark?

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

Patently-O

JULY 20, 2023

2023) The Timberland Boot trade dress case is pending before the Fourth Circuit, raising some interesting questions about the role of product trade dress vs design patents vs copyright vs utility patents. Timberland boots were first sold in the 1970s with a unique design that quickly resonated with consumers.

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Design Designs Cease and Desist Design Patent 74

LexBlog IP

MAY 3, 2022

.” This four-part miniseries of posts provides a birds-eye view of protections available in China for two-dimensional (2D) and three-dimensional (3D) design elements of products or packaging under trademark, copyright, design patent, and anti-unfair competition laws. Design Patent (overall design; partial claiming).

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Design Designs Trademark Intellectual Property 52