One thing that legal counsel should consider when drafting a cease-and-desist letter: be careful with what you write; it could make you famous. An interesting recent Wall Street Journal article discusses a tactic that accused trademark infringers are turning to when they don’t have the resources or desire to hire legal counsel: attempting to publically… Continue reading The Use of Shame in a Trademark Dispute
Previously, I introduced the concept of the spectrum of distinctiveness, which is a simple sliding scale we use to determine the potential strength of a mark. In this post, I will discuss generic marks, which fall on the left side of the scale: A generic mark is one that is a common name of the… Continue reading How Strong is Your Brand? (Generic Marks)
My clients often ask me to evaluate the strength of their trademarks. While the answer to such a question is never simple because of the many factors that could affect the enforcement of any trademark, we are able to at least predict the general level of protection a mark could receive by determining where the… Continue reading How Strong is Your Brand?
Back in November, I posted about the new micro entity fees that will eventually be available to qualifying entities as part of the America Invents Act. In that post, I discussed how the micro entity fees will only go into effect after the USPTO has followed the fee-setting process. Here is a recap of the… Continue reading Increased USPTO Fees on the Horizon
I’ve posted several times about the America Invents Act, which was passed last September by Congress. Soon, you can attend a discussion forum with USPTO officials about the rules the Office has proposed to implement the legislation. Although the attendees may be mostly patent attorneys and other legal professionals, I think it is commendable that… Continue reading America Invents Act USPTO Roadshow