This sections is directed towards the basics of trademarks

IN RE THE NEWBRIDGE CUTLERY COMPANY

IN RE THE NEWBRIDGE CUTLERY COMPANY A new look at geographically descriptive marks. In this case, Irish Company Newbridge was trying to trademark the name “NEWBRIDGE HOME”, where products were designed out of Newbridge, Ireland. Brief History Regarding Geographically descriptive trademarks: The Lanham Act instructed the PTO to refuse to register a trademark if “when [...]

By | 2015-01-22T15:12:36+00:00 January 22nd, 2015|Blog, Trademark Basics|Comments Off on IN RE THE NEWBRIDGE CUTLERY COMPANY

How to respond to a trademark office action?

So you have filed your trademark, waited for an Examiner at the USPTO to review your trademark, and you have received an Office Action from the USPTO stating that there is a “likelihood of confusion” of your trademark an existing trademark. How do you respond to the trademark office action? The first step is to [...]

By | 2013-12-07T20:03:52+00:00 December 7th, 2013|Blog, Trademark Basics|Comments Off on How to respond to a trademark office action?

An Austin Trademark Attorney’s Review of IN RE HEALTH SCIENCE FUNDING

Adding “company,” “.com,” or “.org” will not make a trademark distinct. In trademark law there are different categories of distinctiveness. The categories include: (1) arbitrary or fanciful, (2) suggestive, (3) descriptive, or (4) generic. An arbitrary or fanciful mark is the strongest type of protection a mark can receive, and the mark bears no logical [...]

By | 2013-09-16T16:15:08+00:00 September 16th, 2013|Trademark Basics|Comments Off on An Austin Trademark Attorney’s Review of IN RE HEALTH SCIENCE FUNDING

Celebrities, Tattoos and Intellectual Property

Living in Austin, Texas many people here have tattoos, and there are several different areas of intellectual property law that are relevant to tattoos. The three main areas of intellectual property law that are associated with tattoos are copyright law, trademark law, and patent law. These areas of law also affect an average person. However [...]

By | 2012-11-19T22:31:36+00:00 November 19th, 2012|Copyright Basics, Patent Basics, Trademark Basics|Comments Off on Celebrities, Tattoos and Intellectual Property

Will my prototype infringe on a patent if it includes patented elements?

A common question I get as a patent attorney located in Austin, Tx, is "will my prototype infringe on a patent, trademark, or copyright if it includes patented/trademarked/copyrighted elements?" This question arises when inventors create prototypes that includes elements that have already been patented/trademarked/copyrighted.  For example, if an inventor’s invention is directed towards a more [...]

By | 2012-11-15T16:41:06+00:00 November 15th, 2012|Blog, Copyright Basics, Patent Basics, Trademark Basics|Comments Off on Will my prototype infringe on a patent if it includes patented elements?

What is a trademark search?

A trademark search and opinion is a thorough search of various trade-mark databases both state and federal, business directors, and other sources to determine if your trademark will not be mistaken by another as the source of your product or service. Trademark searches are highly recommended before a company begins using a logo or slogan [...]

By | 2012-10-25T22:33:30+00:00 October 25th, 2012|Blog, Trademark Basics|Comments Off on What is a trademark search?

IN RE MIRACLE

OVERVIEW: Miracle Tuesday is a fashion company that desired to register a trademark with the word “Paris” in it. The designer of goods for Miracle Tuesday, Jean-Pierre Klifa is a French citizen who lived in Paris for twenty-two years, and currently resides in the United States. The examining trademark attorney rejected Miracle Tuesday mark on [...]

By | 2012-10-25T22:58:15+00:00 October 21st, 2012|Blog, Patent Attorney Takeaways, Trademark Basics|Comments Off on IN RE MIRACLE

An Austin Intellectual Property Lawyer’s Overview of trademarks

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather [...]

By | 2012-12-11T16:51:35+00:00 October 18th, 2012|Blog, Trademark Basics|Comments Off on An Austin Intellectual Property Lawyer’s Overview of trademarks