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Earlier this week, our firm submitted brief comments regarding the USPTO’s proposed adjustment (note, there are no decreases proposed – only increases and new fees) rulemaking. Our comments and those of others can be found on Regulations.gov at: [link]. As you can see from the full comments below, our comments focus on three areas: the minimal notice and communication to the public and to users regarding hte USPTO’s latest fee proposal details; the lack of details provided reg
To license or sell your work to Hollywood, it must be cleared of infringing uses of the creative work of others. Here's how one filmmaker did just that. The post How to Sell Your Work to Hollywood appeared first on Creative Law Center.
Featuring: Justin McNaughton, Partner and Sharon Urias, Partner “YOU, ME & IP” are monthly webinar discussions on the latest intellectual property trends. In the first program of this new monthly series, Greenspoon Marder IP attorneys discuss lively, unique pop culture trademark issues. You’ll hear about hundreds of pending trademark applications for “COVID,” and a bunch of trademark applications for “Ok […].
Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?
Back in 2018 (seems like a decade ago during these unusual times), I posted a couple times about a trademark infringement complaint by Stone Brewing, a craft brewery in California, against MillerCoors. The complaint alleged that the rebranded cans and packaging of the Keystone beer, which added separate emphasis of the word “ STONE ,” infringed Stone Brewing’s registered rights to its “STONE” trademark for beer.
Copyright Ownership with Independent Contractors. When hiring an independent contractor to design your logos, artwork and take photographs, it is important to think about who actually owns the copyright in the resulting work. Ownership of Copyright. Most business owners believe that they own the copyright in the works created by the independent contractor as they hired and paid the contractor for this purpose, however this isn't the case.
A letter of protest for a trademark application is actually a way for a 3rd party to attempt and block a trademark application. In this video, Erik explains what a “Letter of Protest” is and how and why to use one. Here is a sample Letter of Protest: [link]. And an older blog post with more on the subject: Anatomy of a 'Letter of Protest' to Trademark Application.
A letter of protest for a trademark application is actually a way for a 3rd party to attempt and block a trademark application. In this video, Erik explains what a “Letter of Protest” is and how and why to use one. Here is a sample Letter of Protest: [link]. And an older blog post with more on the subject: Anatomy of a 'Letter of Protest' to Trademark Application.
In what we understand to be an industry-first, the Copyright Agency (an Australian not-for-profit collecting society that also licences copyright protected literary and artistic works) has licenced an Indigenous artwork for a tattoo. The artwork, titled Jarragini (buffalo), is by Indigenous artist Chris Black who works with the Jilamara Arts and Crafts Association ( Jilamara ) and was born in the Milkapti Community in the Tiwi Islands.
Through the words of a young girl expressing her love, William Shakespeare once asked, "What's in a name?" While this line by Juliet looks beyond the hateful nature of Romeo's family name, the summer of 2020 has been marked with social unrest leading many businesses and entertainers to reconsider the nature of their names and any connection they have to past atrocities.
Dear Rich: I have just finished writing a fantasy novel. I have used public domain quotes within the novel (from Aristotle, Lincoln, etc.), but because the world of the novel is not Earth, I claim the quotes are from some nonexistent book that fits in the novel's world. Is this hinky? Your suggested use is not hinky. According to the Supreme Court , there is no legal requirement to provide attribution when public domain works are copied and placed into new works.
For budding cannabis enterprises in Canada, navigating the legal and regulatory regimes pose unique challenges. This article will briefly discuss the federal cannabis framework and delve into the various provincial frameworks adopted across Canada for the recreational sale of cannabis. The Cannabis Act (the “Act”) came into force on October 17, 2018, and legalized the sale, distribution and consumption of recreational cannabis across Canada.
Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.
Greenspoon Marder IP attorneys Sharon Urias and Justin McNaughton were featured in Law360‘s article “OK Boomer, Trademark Try For ‘COVID’ Is A Real Karen Move” summarizing their You, Me & IP webinar which covered some of the latest trademark application trends. Click here to view the full article. The post “OK Boomer, Trademark Try For ‘COVID’ Is A Real Karen Move” Published in Law360 appeared first on Greenspoon Marder LLP.
Boring brands don’t leave the same impact that bold ones do. For more Peltonisms®, see [link]. The post Peltonism: boring brands blend in before being forgotten appeared first on Erik M Pelton & Associates, PLLC.
Building owners situated next door to a construction site should no longer assume that a license/access agreement will automatically entitle it to reimbursement of attorneys' or engineering fees.
Moral Rights in Copyrighted Works. In Canada, in addition to the rights provided under Copyright protection for an artistic, literary, musical or dramatic work, there is another set of associated rights called Moral Rights. Moral rights are automatic and apply to the first creator or author of a work. Moral rights generally include the following rights : 1) Right of association (e.g. to be identified as the creator or author of a work by name or under a pseudonym). 2) Right to publish a work ano
Erik details the latest fee proposal from the USPTO, and the possible impact of the. proposed increases. More details about the fee proposal on my blog here. The post USPTO’s proposed trademark fee increases will impact all filers (video) appeared first on Erik M Pelton & Associates, PLLC.
It’s really hard for me to think of a situation where a business would have too many trademarks. I’ve worked with many clients over the years who have significant portfolios of several dozen or more trademark registrations. Generally, that’s because they have product lines with different product names and a creative name and a trademark registration to go with each of the names in that product line.
The following is an excerpt from my book, Building a Bold Brand. To learn more about the book, visit www.buildingaboldbrand.com. . Coming up with a great brand name for a new business, new product, or. new service can be quite difficult. Today, it may be even more. challenging than in the past since there are so many existing businesses, and because any business, regardless of location, can go online and. almost instantaneously be considered a national or international. company.
The following is a podcast transcript; you can listen to the Tricks of the Trade(mark) episode here. The world of trademarks is full of acronyms and when I prepared for this and wrote down a list, I really couldn’t believe how many trademark world acronyms there are in dealing with the USPTO and protecting clients’ trademarks. I’m not going to have time to explain what each one is or what it means or what it does.
The following is an edited transcript of my video, Protecting Words vs. Logos. One of the most popular questions I get asked among new or prospective clients is about filing at the US Patent and Trademark Office (USPTO) for a word versus a logo. It is only natural that many people think if the logo encompasses the words, they could save money and just protect the logo with one firing and that would encompass the words.
With apologies to the wonderful Bob Dylan song, Shelter from the Storm, there are four key tools to help a brand weather the tempest, while waiting for the rainbow to emerge after the storm: core values: revisit and reflect them. adapt as needed: make changes, whether temporary or long-term, to adjust. clear communications: be honest and forthcoming. protect customers and employee: put people before profit, to ensure long term trust.
I love baseball, especially sitting in the stands watching a minor league game on a nice summer day! To succeed in baseball, like any team sport, you need a full complement of players. Any one weak spot could harm the entire team and the odds of success. The same is true with trademark applications – there are a lot of parts and pieces to that need to work together.
The following is a transcript of the video below. An Office action is a response by the examining attorney at the US Patent and Trademark office, to an application. And perhaps you’ve received one, if you filed by yourself, or if you filed using an online filing service, you may have received an Office Action. I’ve worked with clients who have received thousands of Office actions, and responded to at least 5,000 Office actions over the last 19 years.
The following is an edited transcript of a video of mine, I received an Extension of Time to Oppose. When an application gets approval from the US Patent and Trademark Office (USPTO), the next step is for it to be published in the Official Gazette , which used to be an actual physical publication but now it’s an online only publication, and every week hundreds or thousands of approved trademark applications are published in this Official Gazette.
This is an edited transcript of the video posted below. Over the years I’ve worked on thousands of trademark applications. First, I’ve reviewed thousands of trademark applications as an examine,r and now in private practice since 1999, I have filed many thousands of trademark applications for clients. With all of this experience, I want to share five important tips to improve the odds of a trademark application’s success.
Trademark registration is the #1 safety feature for brand; like seat belts in a car. More Peltonisms® at www.erikpelton.com/resources/peltonisms. The post Trademark registration: a brand’s best safety feature appeared first on Erik M Pelton & Associates, PLLC.
A business’s brand is more than just its trademark. It’s really a reflection of its values, its employees and its customer’s perception of its products and services. But the main way that a business communicates about its brand to its customers, is through brand names and logos and slogans, which become trademarks. And of course, which I advocate, should be registered trademarks.
One of the key mistakes people make when filing for a trademark with the USPTO is the failure to search the record before filing. In this podcast, Erik discusses this mistake and two others and what to do about them. The post The 3 Most Common Trademark Application Mistakes appeared first on Erik M Pelton & Associates, PLLC. One of the key mistakes people make when filing for a trademark with the USPTO is the failure to search the record before filing.
A letter of protest for a trademark application is actually a way for a 3rd party to attempt and block your trademark application. Listen to this podcast and to Erik explaining what it is and how and why they are being executed. The post What is a Letter of Protest for a Trademark Application appeared first on Erik M Pelton & Associates, PLLC. A letter of protest for a trademark application is actually a way for a 3rd party to attempt and block your trademark application.
It is actually very good news when you receive such note from the USPTO office and it does mean that your application is in progress. But it also means that you have not yet reached the final trademark conclusion. In this podcast Erik explain the long and winding road process towards getting your trademark fully approved. The post What Does It Mean If My Trademark Application Was Approved for Publication appeared first on Erik M Pelton & Associates, PLLC.
If Apple does not use the ® with their trademark why should you? Listen to this podcast when Erik presents the pros and cons of using your registration symbol with your trademarks. The post Do I Need to Use the Registration Symbol ® with My Trademark? appeared first on Erik M Pelton & Associates, PLLC. If Apple does not use the ® with their trademark why should you?
In 2017, the Canada-European Union Comprehensive Economic and Trade Agreement ( CETA ) came into force. CETA covers virtually all sectors and aspects of trade and aims to increase bilateral trade and investment between Canada and the EU. In order to comply with this agreement, Canada enacted the CETA Implementation Act ( CIA ) which provided for, among other things, the introduction of the Certificate of Supplementary Protection (CSP) to the Patent Act.
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