Trademark rights are gained by actual use of a mark rather than by registration. Generally, the first party who uses a mark in commerce has the right to use the mark in that geographic area as well as in the natural zone of expansion for that geographic area. Any shipment of goods bearing the trademark Read more about Actual and Intended Use of Trademarks[…]
One of the trickiest aspects of patent applications, particularly in the international context, is establishing the priority of patent rights. Rules applying to priority differ starkly between the United States and many foreign countries. The United States has a “first-to-invent” rule, which means that an inventor that can establish that he or she was the Read more about International Patent Rights[…]
For many years, there was only one type of patent application. The patent application required a specification or detailed description of the invention; a claim or claims detailing the elements of the invention for which patent protection is being claimed; any necessary drawings; an oath or declaration that the inventor is the original and first Read more about Provisional Patent Applications[…]
A copyright holder has the exclusive rights to reproduce, display, transmit, perform, and modify a work as well as the right to publicly perform a sound recording by digital transmission. There are exemptions in the Copyright Act that provide for certain exceptions to those exclusive rights, many in favor of limited nonprofit educational purposes. If Read more about Copyright Infringement and Plagiarism[…]
A registered mark does not prevent all use of the mark. In some situations, another party may use someone else’s trademark to describe the qualities that the trademark represents rather than to use is as a source identifier. For example, use of a descriptive phrase or common name may be fair use. Fair use of Read more about Trademark Fair Use[…]
Trademark rights are legal rights acquired based upon actual use of a mark rather than by registration. Generally, the first party who uses a mark in commerce has the right to use the mark in that geographic area as well as in the natural zone of expansion for that geographic area. Any shipment of goods Read more about Actual and Intended Use of Trademarks[…]
Recent markings enforcement activities have raised some questions related to the requirements of patent marking provisions. Generally, after a patent is issued by the United States Patent and Trademark Office, the patent owner may mark the patented articles with the word “Patent” or the abbreviation “Pat.” along with the patent number assigned by the USPTO. Read more about Marking Patents[…]
Under federal law, a patent is a granted right which allows the patent owner to exclude others from making, using, selling, offering for sale, or importing the subject matter of the patent without the inventor’s permission for a period of 20 years from the time of the patent application. An activity in violation of that Read more about Patents[…]
Generally, the United States Patent and Trademark Office (USPTO) has applied traditional trademark law to the examination of domain name service mark applications. A domain name qualifies as a mark when it is used in connection with the sale or advertising of goods or services. This includes all sites conducting e-commerce and also sites that Read more about Trademarking Internet Domain Names[…]
The term ”trade name” means any name used by a person to identify his or her business or vocation. ”Trade name” refers mainly to the corporate, partnership or other name of a business. The business may, in turn, market goods or services under one or more trademarks or service marks. Examples of Trade Names ”General Read more about Trade Names vs. Trademarks[…]