Patent Books

Trademark Attorney | "Federal trademark official part of iHub seminar"

By : Loralee Stevens
Source :
Category : Trademark Attorney

If you’ve ever wondered about trademarks, how to get and protect them, there’s a free seminar tomorrow at the iHub in Rohnert Park.

Craig Morris, an expert in the field and long-time employee of the U.S.  Patent and Trademark Office, is flying out from Washington, D.C., to lead the panel.

“The USPTO just recently launched the public outreach program,” said Santa Rosa patent attorney Warren Dranit, who arranged the seminar. “There are lots of complicated issues around trademarks and the registration process, such as picking one that won’t get you sued.”

U.S. trademarks are different than patents and copyrights, and successfully defending one is largely a matter of choosing the right one to start with, he said.

In addition to Mr. Morris’s discussion, San Francisco intellectual property attorney Carole Barrett will be on hand to talk about international trademarks, which are obtained and defended differently.

Registering a trademark in the U.S. usually costs about $325 per category, or class, according to Mr. Dranit.

“If you choose a trademark for wine, that’s one class. But if your trademark also covers beer the registration fee is doubled to $650, or less if certain patent office guidelines are followed,” he said.

The seminar will cover how to choose a strong, legally defensible trademark, whether an attorney is needed for the registration process and how to select one, how to avoid trademark scams and what to do if you receive a “cease and desist” letter, among other issues.

Source :

US Trademark Application | "Protect your rights before you outsource "

By : Arlene Soto
Source :
Category : US Trademark Application

Q: Do I need to patent my invention before having it manufactured in China?

A: U.S. patent and trademark protection, also called intellectual property rights, covers your invention only in the United States. The Small Business Administration (SBA), recommends working with legal counsel to develop an overall intellectual property rights strategy. This strategy should include developing language for licensing and subcontracting, conducting due diligence of potential foreign partners, registering intellectual property rights in key foreign markets and recording patents, trademarks and copyrights with Customs and Border Patrol This process may be costly, so it's a good idea to identify the potential target market and overall sales potential as a part of the business plan you create. You also will need to be aware of any restrictions on importing your products back into the U.S. There are many hurdles to overcome prior to making the decision to manufacture outside the United States.

Small businesses are even more vulnerable to theft of intellectual property than large businesses because most lack the resources to catch and repair problems if they occur. A patent gives you the right to defend if someone else infringes on that patent and steals your idea. Without money and time, it's difficult to catch and prosecute the person who tries to steal your idea in the U.S. and it's even more expensive and difficult in a foreign country. The World Customs Organization,, estimates counterfeiting accounts for 5 percent to 7 percent of global merchandise trade, costing U.S. businesses billions of dollars each year. Good information about protecting intellectual property rights outside the United States is available at This site also can be used to report theft of intellectual property rights.

A good resource for inventors in our area is the South Coast Inventors Group that meets at 6:30 p.m.the first Wednesday of each month at The Business Center, 2455 Maple Leaf, North Bend. For more information about attending a meeting ,contact the Southwestern Oregon Business Development Center at 541-756-6866 or go to The Inventors Group would be able to provide insights into resources available for inventors, ideas about protecting your intellectual property rights and even some ideas for manufacturing and distributing your products.

Before making the decision to manufacture your invention in China or another foreign country, be sure to talk with an attorney experienced in intellectual property rights and international trade. You will also want to work with someone well versed in trade issues with the country you will be manufacturing in. Then make sure your business plan is up to date with the overall strategy you plan to use to protect and market your invention including all potential costs and benefits of the decision you make.

Source :

Trademark Application | "Business Owners Need to be Vigilant in Protecting Their Domain Names"

By : Cox Padmore Skolnik & Shakarchy
Source :
Category : Trademark Application

Complex legal disputes can arise when one business registers a particular domain name and another business subsequently attempts to obtain a trademark in the same words.

In today's tech age, you can scarcely find a business that doesn't have some type of online presence. In fact, many "stores" are almost exclusively found online - such as Consequently, many traditional "brick and mortar" stores are finding themselves on the losing end of a battle between themselves and their online counterparts, given that online stores have much lower overhead costs.
In an effort to take part in this technological revolution, business owners routinely register new domain names in order to protect their spot on the internet. Many business owners believe - often mistakenly - that simply registering this domain name provides them some trademark protection in the domain name. This assumption can prove costly to a business owner as trademark litigation is likely to occur if they believe simply registering a domain is the same as a trademark.

Domain names and trademark priority

Disputes can arise when one business registers a particular domain name and another business subsequently attempts to obtain a trademark in the same words. Obviously, the company owning the domain name would like to object to the trademark application of the second company and protect its "rights" in the domain name. However, the first company can only protect the domain name, and stop the second company from registering the trademark, if it can show it has priority in the mark - meaning it "used" the mark first.
Unfortunately, this question has yet to be expressly determined in the Second Circuit, but other circuits and Patent and Trademark Office decisions have concluded that simply registering a domain does not create trademark rights. In fact, an often cited Ninth Circuit decision - Brookfield Communications v. West Coast Entertainment- has expressly stated that registration of a domain name does not by itself constitute "use" for the purpose of establishing trademark priority, even if the company intends to eventually use the domain commercially.
This particular proposition was also recently recognized in an Arizona federal case in which a company had registered a domain name but still hadn't created a website - the domain name was simply used as a "splash page" filled with third-party advertisements.
Companies cannot make the mistake of not actually using a registered domain name. Ultimately, a domain name does not become a trademark unless it is also being used to identify and distinguish a particular source of services or goods.

Seek help

The law surrounding domain names and trademark rights is quite complex and difficult to navigate. Even the slightest change in circumstances can determine whether or not a company actually has a protectable interest in a mark. If you are a business owner and you believe another company is using your intellectual property without your permission, or if you want to object to another company's application for a trademark, contact an experienced trademark litigation attorney to be advised of your rights and options.

Source :

Trademark Attorney | "WINTER LLP, Launches New, Easy to Use Website for Registering Trademarks, Copyrights and Filing Corporations and LLC's"

By :
Source : 
Category : Trademark Attorney

If you are an entrepreneur, designer, inventor or manufacturer of consumer products or services; or maybe you simply have a great idea for a product or service, you have probably spent countless hours scouring the internet looking for ways to trademark your product or service. Or, perhaps you have paid 1,000’s of dollars to traditional law firms trying to protect your brands. In either case, you may have encountered some very confusing web sites or law firms offering bewildering trademark services that don’t make much sense to someone who isn’t a trademark attorney.

That’s where WINTER LLP comes into play. They are a new style of law firm dedicated to providing everyday people, as well as entrepreneurs and successful businesses alike, with the practical backing of a traditional law firm, yet with a full service easy to use ecommerce website to help you register, maintain and protect your trademarks. In today’s world, not only is branding vital to the success of your product or service, as well as the value of your business, but you simply cannot afford to let a great branding idea “out of the bag” without first protecting it from potential theft.

Trademark attorney, Todd Winter, agrees. “I have managed hundreds of trademarks in over 80 countries, and I can tell you that it is absolutely crucial to the success of your products to have the proper legal protections in place ahead of launch. But you can’t stop there. You must be hyper vigilant about maintaining those trademark protections throughout the product’s entire life cycle. If you aren’t careful, your brand might get stolen right out from underneath you. That can be a loss of catastrophic proportions to the good will value of a company. We’ve also seen cases where confusingly similar trademarks are filed in order to try and “piggy back” on the fame of a successful brand.”

What makes for filing trademarks truly unique from all the rest is its ease of use coupled with the fact that you will get an actual attorney working on your trademark filing who will be directly available to you throughout the entire process. Winter explains. “Our model is so simple and easy to use that not only can we work with a layperson who has an amazing idea for a new brand of products and needs a fast, easy and trustworthy solution to protect it before it hits the market, but we can also easily accommodate large businesses who need expert trademark attorneys to file, maintain or protect their entire global trademark portfolio. And we do it at a fraction of the price of traditional law firms.”

To that end, is simply designed and focuses on making the trademark process as easy as possible, for any type of user, individuals or businesses. The site is also separated into distinct segments so you can easily see the different services the firm offers. Although you can view informational videos, most of the information is presented in simple black and white, can be easily read, and is simple to navigate with a large side menu. It’s purposely kept “low tech” to facilitate accurate and successful filings.

Aside from the simple design of, WINTER LLP trademark attorneys provide you with actual legal advice throughout the entire process. A novel concept in today’s ecommerce world. Winter states. “We didn’t want to be like traditional intellectual property law firms. And we did not want to be like the plethora of non-attorney trademark sites out there today. That’s why we decided on the combination of an ecommerce site, a flat fee structure and traditional attorney/client consultation time built right in to the price. What can be better than that? It’s the best of both worlds. For a low flat fee, they get the ease and functionality of an ecommerce site, plus they have the ability to interact with a trademark attorney to successfully complete their trademark filing quickly and accurately, the first time.”

A flat fee for trademarking is an easy and inexpensive way to trademark your product or service and get the necessary documents you need to further your pursuit of manufacturing and distributing your product or service in commerce. Instead of merely paying an attorney’s retainer and hoping the final bill doesn’t overwhelm your budget, with WINTER LLP you pay a flat fee, and you know exactly what you will get.

Source :

US Trademark Application | "USPTO Announces “Banner Year” for Trademarks"

By :  Jeffrey Sheldon 
Source :
Category : US Trademark Application 

At Sheldon Mak & Anderson, we recognize that innovation is your competitive edge – and it needs protection. As a full-service intellectual property firm with more than two decades of experience, we provide local, regional, national, and international legal services in the following areas: patents, trademarks, copyrights, trade secrets, IP litigation, international patent and trademark prosecution, licensing, alternative dispute resolution, and green technology.

Source :

Trademark Application | "The international trade mark system – what is in it for New Zealand businesses?"

By : Chris Ross 
Source : 
Category : Trademark Application 

New Zealand implemented the long awaited International Trade Mark (ITM) registration system, also known as the Madrid Protocol, heralding the most significant development on the trade mark scene for years.  New Zealand finally joins 86 other member countries in the ITM system, including most major trading partners, and no doubt membership will continue to grow.

The ITM system will provide export focused businesses with an alternative route for securing trade mark protection in overseas markets in a cost effective and efficient manner.  It will also enable owners of ITM’s to maintain and manage their trade mark portfolio with greater ease and at lower cost.

The ITM system allows for a single trade mark application to be filed through the World Intellectual Property Organisation (WIPO) based in Geneva, rather than filing separate applications in each jurisdiction where protection is sought. The ITM application designates individual jurisdictions where protection is required, and once WIPO has accepted the application it passes details of the application to the designated national trade mark offices without the need for foreign trade mark attorney involvement and associated cost.

Each designated national trade mark office then examines the application against their national requirements for grant of registered trade mark protection, and if it complies, WIPO is notified and protection is granted in that jurisdiction to the same extent as if the trade mark had been registered nationally. It is also possible to designate new jurisdictions where registration under an ITM is required – an important feature as membership of the ITM system grows.

However, the potential benefits of the ITM system will not necessarily apply to all New Zealand businesses looking to take advantage of it.  For example, significant cost savings are only likely where a business is looking to protect its trade mark in a number of jurisdictions, and if trade mark protection is required in only a handful of jurisdictions, it may be more cost effective to seek national protection in each jurisdiction of interest. Obtaining good strategic advice from trade mark professionals will be crucial.

The ITM system is also not without its “fish hooks”. If the application encounters problems during the national examination phase in the designated jurisdiction, it will be necessary to appoint a local trade mark attorney to deal with those issues and therefore earlier cost savings may quickly be lost. Pre-filing trade mark availability searches will continue to play a vital role in selection of a new trade mark, and assessing whether the ITM or national route is the best way of securing protection.

Furthermore, each ITM registration must be based on a New Zealand home trade mark application or registration. Critically the ITM registration and each national designation will be dependent on the home registration for a period of 5 years. This means that any changes affecting the home registration over this period will automatically be reflected in the ITM and national designations. This vulnerability is tempered to some extent by being able to convert ITM designations into national registrations, but again earlier cost savings may quickly disappear if conversion is necessary to avoid losing protection.

Smaller New Zealand businesses focused on the domestic market may also be impacted by the ITM system. It is expected that the number of requests for registered trade mark protection in New Zealand will increase markedly following implementation of the ITM system in New Zealand, as was the case in Australia where almost 5500 applications were received in the first year (2001-02) peaking at more than 22000 in 2007-08. If steps have not been taken by smaller businesses to secure their trade marks through registration in New Zealand, this will leave the door open for foreign businesses to acquire potentially conflicting rights.

The full impact that the ITM registration system will have in New Zealand remains to be seen. However, it is certainly a positive step towards further integration of the New Zealand economy in the global market for goods and services, a step New Zealand exporting businesses should welcome.

Source :


By : Erik S. Syverson 
Source :
Category : How To Trademark 

A trademark can be a symbol, phrase, word or design. If your company's brand can be extended to other countries, you may want to consider filing a trademark outside of the U.S. to protect your rights to the particular brand.

With the growth of online trade and social media, businesses have become increasingly global. As a result, it is important for a company to control its brand on an international level. However, protecting brands in the global market can be difficult.

In the U.S., trademark rights are based on use. Specifically, if you use a trademark without registering it, this action creates rights to brand. To register your trademark with the United States Patent and Trademark Office, you must show actual or planned use of the specific brand. If you do not plan to use the name, the Trademark Office will not permit registration.

Conversely, trademark rights in many other countries are based on filing. In other words, if you are starting a brand in the U.S. and plan to extend it globally, you have to register your brand abroad. If you do not, another person can control your U.S. brand in another country.

Many businesses register their brands in major countries around the world. It is also helpful to register your brand in any country where your company is engaged in business. You should file your trademark in the U.S., and then register it in countries that are important to your business. This can be done through the country's Patent and Trademark Office; however, it may help to have an attorney facilitate the process.

If you are interested in filing your trademark in various outside countries, you have additional options. For example, you can apply for international registration, which is a multicountry filing application that encompasses 86 countries. The bundle includes the most industrial nations in the world. To do this, you file your trademark in the U.S. and subsequently extend the filing to international jurisdictions. There is a filing fee in each country; however, overall, this option is relatively inexpensive and administratively easy.

Filing for global trademarks can be crucial to your business. If you allow others to register your brands abroad, you risk diminishing it and limiting your chances of global expansion. Therefore, if you are considering filing a trademark, you may want to consult with an experienced trademark attorney. A lawyer can help you protect your rights to a specific brand.

Source :

US Trademark Attorney | "Patent Attorney Improves Visibility With Solar Powered SEO"

By :
Source :
Category : Trademark Attorney 

SolarCure's Solar Powered SEO Program, Combining Solar Energy With Online Marketing, Helps New Jersey Patent Attorney Ezra Sutton's Internet Visibility 

Ezra Sutton and Associates, a New Jersey patent attorney specializing in patent law, trademark law, copyright law, intellectual property law, licensing, and related matters, recently announced its affiliation with SolarCure, a company specializing in Solar Powered SEO(TM) and Solar-Panel adoption. Ezra Sutton and Associates has sponsored part of a solar-panel which will be installed on VFW Post 6061 in Colonia, New Jersey. As a component of the sponsorship program, SolarCure announced this association with an internationally distributed press release enhanced for optimum search engine visibility. Shortly after the publishing of the law firm's news story, Ezra Sutton and Associates' online presence increased dramatically.

Ezra Sutton and Associates' Initial Results Distributed by Marketwire, Ezra Sutton P.A. Grows Business by Energizing VFW with Solar Power was featured on over 180 general news portals, financial news websites, specialty law sites, leading social networks and the press release's overall reach extended to millions of impressions. Additional credibility for the New Jersey law firm has also been aided with exposure through ABC News, CBS Market Wire, Google News, Yahoo! News and Bing News portals. Coupled with basic SEO practices, Ezra Sutton and Associates' domain jumped from Google's page twenty to page eight for the keyword phrase "patent attorney New Jersey." Further sustainable growth is projected as SolarCure's Solar Powered SEO(TM) program progresses.

How Solar Powered SEO(TM) and Solar-Panel Adoption Works Generous organizations sponsor a solar panel by purchasing a panel or a portion of one through SolarCure's Adopt-A-Solar-Panel program. The panel is designed and installed for a specific non-profit organization. The non-profit organization will use energy generated through solar panels and the money saved through decreased energy bills can be put to better use towards their mission.

The sponsor will also receive nationwide publicity of their sponsorship through SolarCure's expertly written online press releases. Each press release is enhanced for search engine optimization (SEO), which has been proven to increase Internet traffic, improve search engine listings and bring other benefits when associated with green branding. Such brands greatly appeal to consumers who are becoming more aware of the need to protect the environment. This unique selling point may additionally boost corporate image and public awareness. All-in-all, SolarCure's Adopt-a-Solar-Panel Program assists both non-profit organizations and area sponsors in a unique manner designed to create a "win-win-win" situation for those involved -- the sponsor, the non-profit, and the environment.

Source :

Trademark Attorney | "Former Google attorney is the head of the US Patent Office's Silicon Valley branch"

By : Bryan Bishop
Source :
Category : Trademark Attorney 

Back in July the United States Patent and Trademark Office announced that it would be opening three new branches and former Google attorney Michelle K. Lee is heading up the Silicon Valley office. Google's former deputy general counsel and head of patent strategy, Lee spent nine years with the company before leaving earlier this year. According to Reuters, Lee confirmed she had accepted the position during a conference today at Santa Clara University.

Lee officially started her new position on November 5th, but prior to that had been serving on the USPTO's Patent Public Advisory Committee a group focused on evaluating the office's performance and policies. During her time at Google, she frequently voiced concerns about the state of the modern patent system and the need for reform, stating in one blog post that "Low-quality patents and escalating legal costs are currently hurting the ability of U.S. companies to compete globally." While the opening of the Silicon Valley branch itself seemed a step towards addressing the concerns many in the tech community have about the patent system, the fact that it will be headed up by someone with such a clear focus on reform sends a very promising signal.

Source :

US Trademark Application | "Illinois Intellectual Property Law Firm Announces Tips for Trademarked Companies"

Source : 
Category : Trademark Attorney

Remien Law, the Chicago intellectual property experts, have announced tips for trademarked companies who have encountered possible trademark infringement online. These tips are geared specifically towards aiding companies who have found their federally registered trademarks used without their permission by another party in an unauthorized domain name. Remien Law offers several options for legal recourse that can be used to take back control of a trademark.

This comes as good news to companies of all sizes seeking to maintain the integrity of their federally registered trademarks on the internet and beyond. Remien recommends either utilizing federal court litigation or UDRP (Uniform Dispute Resolution Policy) to resolve one's trademark domain name dispute. According to Remien Law, federal laws have relatively recently been updated to address web-based trademark infringement concerns, such as the ACPA (Anticybersquatting Piracy Act). UDRP (Uniform Dispute Resolution Policy) can cost far less and takes less time to resolve the domain name dispute, which is ideal for small to mid-size companies who lack the resources to pursue costly federal court litigation.

Remien Law is a highly sought after Chicago intellectual property rights law firm practicing in intellectual property protection services and various corporate services. They specialize in trademark licensing, copyright clearances and licensing, intellectual property litigation, domain name disputes, advertising and social media trademark clearance, international trademark protection and enforcement, corporate agreements and transactional services, and more. As a favorite among businesses seeking Chicago trademark attorneys, Remien Law is fully dedicated to their clients. Domain name disputes are a regular part of their ongoing commitment to helping businesses of all sizes protect their intellectual property.

Source :

Trademark Attorney | "Law Offices of Gene Bolmarcich Launches Trademarks A To ® - Online Trademark Registration Service"

Source : 
Category : Trademark Attorney

The Law Offices of Gene Bolmarcich, Esq. is solo practice law firm specializing in a full spectrum of trademark related matters for a global clientele. I am proud to announce - "Trademarks A To ®" - a flat fee trademark registration web-based service where all work is done by flat fee trademark attorney Gene Bolmarcich, with over 20 years experience prosecuting trademarks. Unlike every other attorney offering similar services for a flat fee, I include all of the work necessary to obtain a trademark registration with the USPTO. Every other site excludes from their flat fee so-called "substantive office action responses", and in some cases other work involved in filing evidence, affidavits and certain required documents that require significant work. is unique in that the $499 flat fee is guaranteed to be the limit on what a client will pay to obtain a registration. All other attorney based online services charge by the hour for the various types of substantive work involved in trademark prosecution.

Trademarks A To ® is provided via an easy to navigate and informative website on trademark law including an entertaining and informative blog. Clients initiate their trademark application by completing a simple form and paying the flat fee, which includes i) unlimited attorney consultation time, ii) comprehensive trademark searches (unlimited knock-out searches and up to two full comprehensive searches), iii) three classes of goods and services (as opposed to one, which is the competitive norm) and iv) all required prosecution and monitoring of the application to registration.

Visit for more information and to see an exclusive chart that compares most major trademark registration services provided by attorneys and see why Trademarks A To ® is the lowest guaranteed flat fee trademark registration service on the Internet.

Source :

US Trademark Application | "Microsoft patent spies on consumers to enforce DRM"

By : Charlie Osborne 
Source :
Category : Trademark Attorney 

A new patent application filed by Microsoft and granted by the U.S. Patent and Trademark Office details a content distribution system which uses cameras to detect whether or not you've been paying for your content.

The patent, US20120278904, works as a surveillance mechanism, inbuilt within devices including television sets, computers, smartphones and tablets in order to enforce digital rights management (DRM). In other words, if you're streaming content without a license, it can be detected -- and your media stream cut off.

The patent summary reads:

"A content presentation system and method allowing content providers to regulate the presentation of content on a per-user-view basis. Content is distributed an associated license option on the number of individual consumers or viewers allowed to consume the content. Consumers are presented with a content selection and a choice of licenses allowing consumption of the content.

The users consuming the content on a display device are monitored so that if the number of user-views licensed is exceeded, remedial action may be taken."

Although an infrared camera may not be the only method of detection, and technology including Microsoft's Kinect, controllers and "facial recognition techniques" could be used, the patent continues by stating that DRM can further be enforced by "determining at least a number of users within a display area of a display device for a duration of the presentation exceeding a threshold." In other words, if a license only covers one individual viewing and you're watching a film with friends or family, content simply won't play.

The patent also mentions that age and identity can be detected in relation to whether a viewer is authorized to see particular content. The technology can also enforce time frames that users are allowed to see media.

The technology is designed to work with streamed content, downloaded material and media stored in either removable or irremovable storage systems. These include "RAM, ROM, EEPROM, flash memory or other memory technology, CD-ROM, DVD or other optical disk storage, magnetic cassettes, magnetic tape, magnetic disk storage or other magnetic storage devices."

From a DRM perspective, the patent is rather smart, and makes sense in order to prevent consumers from exploiting the terms of their content licenses. However, when technology in the home can detect how many people are present, their ages and potentially store their facial profiles, if this is made commercial, it's unlikely the latest privacy intrusion will go down well with the general public.

Source :

Trademark Application | "Google Assigned Patent for Collaborative Online Spreadsheet Application"

By : Targeted News Service
Source :
Category : Trademark Attorney

Google, Mountain View, Calif., has been assigned a patent (8,307,119) developed by four co-inventors for a "collaborative online spreadsheet application." The co-inventors are Jonathan Rochelle, Chester, N.J., Micah Lemonik, New York, Farzad Khosrowshahi, Pleasantville, N.Y., and John Stephen Danaher, Brooklyn, N.Y. The abstract of the patent published by the U.S. Patent and Trademark Office states: "A distributed spreadsheet application executes at a server and a client in a network. The networked spreadsheet application can generally be used without requiring a user to install any specific spreadsheet software prior to using the application. In one implementation, the spreadsheet application may include a client engine that executes within browser programs of a plurality of client computing devices and server logic. The server logic may be configured to distribute the client engines to the plurality of client computing devices of the spreadsheet application when requested through the browser programs of each of the plurality of client computing devices. The server logic synchronizes a single spreadsheet document that is simultaneously open at the plurality of client computing devices."

Source :

Trademark Attorney | "Lessons In Growing A Brand: The Chinese Are Coming"

By : Cheryl Conner
Source : 
Category : Trademark Attorney

A prominent trademark attorney in Salt Lake City, Nicholas D. Wells, provided me with some interesting information recently about the power of brands. Economists can argue about when China’s GDP will surpass the U.S.  But for marketing types, Wells points out, the clearest indication of China’s growing economic power is not its raw GDP or import figures.  It is the strength of the brands Chinese companies are building.

Developing countries follow a pattern, Wells says.  They start out making products for others who outsource to take advantage of low-cost labor.  Those products are branded with the names of the outsourcing companies.  Familiar names like Reebok and Apple move their production from place to place to benefit from low costs: First Korea and Singapore, then China; now Vietnam.

When Reebok makes a shoe in Vietnam for $1 and sells it for $75, for example, the difference in value can nearly entirely be summed up as the “brand.”  Customers pay for the perceived value of the intellectual property Reebok has created. People don’t want shoes; they want Reeboks.  Or Nikes or Pumas or Adidas.

For companies like Apple, part of their value is created by technology (think patents).  But even for these companies, much of the perceived value is the brand.  (Remember, patents last 20 years, but brands last forever.)

Commodities must compete on price.  Strong brands yield higher profits.  Those profits, when reinvested, create new technologies, new products, and higher standards of living in the countries where the brands are owned.

Korea is no longer a capital of low-cost labor.  Now it’s the capital of Samsung and Hyundai.  The profits from selling Samsung-branded smartphones and tablets and microwaves stay in Korea, where they lead to new technologies, new products, and higher standards of living.

For several decades, China’s billion-plus population was a premier source of cheap labor.  Now that’s changing.  Why?  It’s simple — because China is developing its own brands.  Chinese companies reap higher profits, keep them in-country, and use them to create higher levels of technological innovation, education, industrial productivity, and economic power.

In every economy, this pattern starts with the major infrastructure players.  Major brands like China Mobile, Baidu, Wu Liang Ye, Suning, Pingan, and Bank of China are each valued at billions of dollars, yet most Americans have never heard of them.  But the next stage of this pattern continues as a huge number of smaller businesses develop loyal customer followings based on their brands and eventually become market leaders.  These small companies contribute to an economy’s strength and resilience.

Interestingly, in virtually every country Wells has studied, the number of applications for U.S. trademarks by companies from a given country tracks the volume of U.S. imports from that country.

U.S. imports from South Korea and U.S. trademark applications from South Korean companies both started near zero in 1970.  Both have followed a steady track upwards since then.

Singapore, another of the “Asian Tigers,” followed a similar track.

Brazil is interesting because a doubling of the number of annual U.S. trademark applications in 2000 anticipated a sharp five-year rise in U.S. imports from Brazil.

But the most interesting findings are from China.  U.S. imports from China have been growing steadily for decades.  But in the last 10 years, both U.S. imports from China and trademark applications from Chinese companies have turned sharply upward, with the number of trademark applications filed each year increasing ten-fold—1000%—between 2002 and 2011, while imports in 2012 will exceed $400 billion.

Thousands of smaller Chinese companies understand the power of brands.  They protect their brands in the U.S. in anticipation of reaping the profits and growth that used to be reserved for U.S. companies alone.

Entrepreneurs and brand-builders, be aware: The day is fast approaching that many Chinese brands will be as well-known to American consumers as Toyota, Samsung, Philips, and Gucci today.

Smart marketers are fully aware of the degree to which strong brands can influence strong profits. For example, America’s NASCAR is one of North America’s most highly regarded and widely recognized brands, even for consumers who have never watched or attended a NASCAR-sponsored event. More than 400 U.S. companies currently increase their profitability through formal affiliation with the NASCAR brand. Strong brands are worth big dollars.

The U.S. clearly “gets it”. And clearly, China is also now coming on strong.

Source :

Trademark Application | "Jetstar oppose on Toyota’s plan to file trademark application for “Jumping in the Air."

By : IPS Staffs
Category : Trademark Application

A legal trademark battle is on its way after Toyota decided to file a trademark application on its “ Oh, What a Feeling!” “jump”. The company that has opposed to Toyota’s trademark decision is Jetstar.

From the mid – 80s an advertisement used by Toyota has been showing actors jumping in the air at the end. On the other hand the advertisement by Jetstar after its launch in 2004 shows actors performing a star jump.

An official form Toyota has made it public, that Toyota has filed a trademark application in early 2012. The application has been filed with IP authority of the government of Australia.

Even though the trademark application has been accepted for registration by the Intellectual Property Office Australia, Toyota knows that Getstar has filed a conflict notification for its trademark in Australia.

However, spokesperson for Toyota Australia Mr. Campbell believes that there will not be any problem in the registration of the trademark.

He said that "The jump and 'Oh, What a Feeling!' is Toyota’s because, it’s been 30 years that Toyota has been using it.

On the other side Jetstar informed SmartCompany that it filed the opposition on Toyota’s trademark application just to protect its brand communication.

Star Jump is being used by Jetstar brand for over 8 years. It has been using it since the launch of the airline. The star jump has been use by Jetstar for campaigns in many countries including China, Australia, Singapore, Japan, New Zealand and plans to expand to many other areas. This is the reason for the Jetstar opposing for the trademark application filed by Toyota.

Patent Application | "Apple Files A Patent Application For A New App Which Detects Hand Position."

By : IPS Staffs
Category : Patent Application

Apple has been coming up with lots of innovative ideas. One of the innovations was its sensor- based keyless layout. This time it has something new for Patent Application. The new innovation is about detecting hand position and overlaps it on the screen of the device. For this the company is planning to use more sophisticated cameras and sensors.

The patent application has shown three different methods for this innovation. The first shows a generic keyboard and the users hand which is projected in an on-screen representation. The second method shows a laptop with a keyboard but the keys are not labeled but a labeled keyboard is shown on the screen. The last method shows a tablet and its controls on the back. On this it shows a user’s finger which is projected making it look as the device is transparent.

However, this is just a patent application for now, so we cannot expect it to be a reality sometime soon.

Patent Application | "Patent Applications By Apple & More"

By : IPS Staffs
Category : Patent Application

New iphone model is waiting to be introduced on 12th -Sept – 2012. This new version is expected to have a bigger screen, good battery life and many new and smart features.

However, one needs to take a look at Apple’s patent portfolio, to find out Apple’s future plans for the iPhone and for its patent applications. Thomson Reuters IP group has done the same for their report release.

If you look through you will find out that in 2010 Apple had filed a patent application to patent a miniature fuel-cell power. With the help of this product iPhone and iPad could go on without recharging for weeks. This same technology is now being used in Europe by some hybrid electronic buses.
There was another patent filed by Apple for supersmart multimedia hypertext. It is the type pad for mobile devices for touch screen. The patent application drawing shows a finger touching on the word “Apple.

On one of the patent application issue a report stated that there are many patent applications filed by Samsung as many as 4000. This number is way more than that of Apple. It looks like Samsung has put in every effort possible to protect its innovations.

Patent News | "Software Patent Bill"

By : IPS Staffs
Category : Patent News

Patents Bill has successfully passed the second reading in the Parliament, although the case was debatable.

Even if the second reading has been passed by the parliament, the opposition can still fight back to stop it at the final reading.

Even though the labor supported the bill when it passed the second reading it is anticipated that they will not vote for it on the next reading. The labors have a chance to support the software patent if the government agrees to their amendment. If the government accepts the labor amendment, it is believed that it will stiffen the recent proposal to ban software patents.  

One software company has decided to move from Canada to New Zealand due to the proposed ban. However, they are well aware of the investment of $170 million which revolves around it.


By : IPS Staffs
Category : Patent Application

Total of 6,848 patent applications were filed by Czechs between 2002 and 2011. Out of 6,848 applications the Industrial Property Office approved only 2,904 patents and 10,624 were overall recorded as industrial patterns.

The average time for the process of Czech applicants was 3.3 years as stated by the officials.

The success rate of the applications filed for the patent is about 47% which is almost half among the patent applications filed for inventions for patent.

The application numbers have been steadily rising since the year 2008 in case of patents, while for industrial patterns the figure has been growing since 2006 already.
The success rate of paten process is 88% for the public universities which takes about 2.3 years.

However, for the public research institutes the success rate is 86% and takes less than 3 years.

The Czech companies are granted 61% of the patent for their inventions, the patent procedure for this is around 3.3 years.
However, the patent process over 3.5 years, in the case of natural person on top of that the success rate is less than 1/3.

In 2011 the country registered 1,998 total valid patents from the domestic applicants. Out of the 1,998 1,094 were companies, the number of applications form natural persons were 272, public universities recorded 285 applications and the total of 215 were filed by the public research institutions.

Nevertheless, the number of applications along with the granted patents is expected to grow in future.

Trademark Application | "More Than 10 Million Trademark Applications In China"

By : IPS
Category : Trademark Application

The Trademark Application in China that has been filed for trademark registration crossed 10 million. This number was exceeded at the end of June this year, making China the world’s number one in trademark registration.

Sources say that China is No 1 in the world’s ranking in trademark registration. The total number of registrations was 7.17 million at the end of June. Among the 7.17 million about 6.09 million were valid registrations.

In recent times trademarks have become important in China. This is due to tough competition for Chinese companies in the international market. Apart from this huge numbers the influential trademarks are still low in numbers.

China has been leading in trademark applications from 2002. It was the year when the trademark application in China got up to 300,000.

Trademark Application | "U.S. Patent & Trademark Allows “DEPLOY” Trademark."

By : IPS Staff
Category : Trademark Application

According to the sources Trademark Application submitted by Deploy Technologies Inc. has been approved by the U.S. Patent & Trademark Office.

Now the company has to submit the Statement of Use once the trademark is used in the United State.  The mark will then be registered. Once the company gets its first customer in the U.S. then it can submit the Statement of Use. The Trademark Application for “DEPLOY” was filed on 3rd July, 2012. It received clearance on 28th August, 2012.

Now that the Trademark Application is approved and they have the legal right on the use of mark “DEPLOY.” It is important that large scale marketing and trade publication along with media is done to build “DEPLOY” brand. This branding process will require huge investments as said by the spokes person for Deploy. The spokes person also said that they are putting in their best effort to protect the investment and the brand.

Deploy Technologies has not just filed Trademark Application for one. Deploy has specialized in many technological products. They have developed some exclusive products for Fleet Data Management & Weigh System Solutions. The main focuses of Deploy Technologies are centered on monitoring, storage and processing of hydraulic pressures data streams. It utilizes these applications to further calculate the weight and load along with the warning systems for safety reassurance.

Trademark Attorney | "Why Is It Important To Hire A Trademark Attorney And How Is It Beneficial To You?"

By : IPS Staff
Category : Trademark Attorney

It is important for you to hire a Trademark Attorney, if you are into any kind of trademark conflict. It is even more important if you are going for a court case.  

Protection of Trademark is important for all kinds of business specially the successful ones. Businesses that are doing well and have a good reputation always file a trademark application. Business savvy people use Trademark Attorney to protect their company’s trademark. If the logos, slogans and names are not trademarked they can be used by some other companies and benefit from it. So it is always important to trademark company’s logo, slogans, names and all the other important trade secrets.

United States has a trademark registration office that helps business to protect these types of intellectual properties. Although you can file this application via online form but it is advised to hire a Trademark Attorney. Why is it Important? It is important because attorneys know the process very well and can get you a very strong trademark protection.

There are many trademarks that are similar to yours and are not registered. However, these trademarks can trouble you in a long run and you may even have to fight for infringement lawsuit. A Trademark Attorney can help you by doing a complete search off all the registrations. The attorney will do a search of federal registrations, state registrations and “common law” unregistered trademarks. This comprehensive search is done prior to filing your application.

Some of the trademarks or products cannot be registered for trademark. In these situations a Trademark Attorney can help you describe your product in a way that can be registered.

A Trademark Attorney can help you get your trademark rights. An attorney can even go to the court to protect your trademark. It is also very important for you to hire an attorney who is empowered to protect your trademark.

US Trademark Attorney | "US court protects French shoemaker's red soles"

By : Ventura County Star
Source : 
Category : US Trademark Attorney

The distinctive red soles of Christian Louboutin shoes are entitled to trademark protection, even if the company can't exactly call the color its own, a federal appeals court said Wednesday.

The 2nd U.S. Circuit Court of Appeals in Manhattan reversed a lower court judge who had ruled against the French maker of luxury shoes worn by stars such as Sarah Jessica Parker, Scarlett Johansson and Halle Berry.

The appeals court said Louboutin was entitled to protect its brand against red-soled shoes made by competitor Yves Saint Laurent S.A.S., which is also based in Paris, though it instructed the U.S. Patent and Trademark Office to limit registration of the trademark to situations in which the red lacquered outsole contrasts in color with the adjoining upper part of the shoe.

In 2008, the trademark office granted protection to Louboutin, which has applied glossy vivid red to the outsoles of women's shoes since 1992. The shoes sell for up to $1,000 a pair.

U.S. District Judge Victor Marrero went too far in August 2011 when he ruled that a single color can never serve as a trademark in the fashion industry, the appeals court said.

It said Louboutin's bright red outsole had acquired limited secondary meaning as a distinctive symbol that identifies the Louboutin brand, and it credited some of the judge's findings about Louboutin's successful efforts to market the distinctive look to support its conclusion. It noted that the U.S. Bureau of Customs and Border Protection had recently seized over 20,000 counterfeit Louboutin shoes illegally shipped to the United States.

Still, the appeals court said it was limiting the trademark "to uses in which the red outsole contrasts with the color of the rest of the shoe." It noted, for instance, that Yves Saint Laurent's use of a red outsole on monochromatic red shoes does not infringe on Louboutin's trademark.

"It is the contrast between the sole and the upper that causes the sole to 'pop,' and to distinguish its creator," the appeals court wrote.

A Louboutin lawyer, Harley Lewin, said: "Louboutin is enormously pleased that its central arguments, that indeed a single color can and does serve as a trademark in the fashion industry and perhaps even more importantly, that its Red Sole trademark is valid and enforceable and will remain so, have been confirmed as correct."

Attorney David H. Bernstein for Yves Saint Laurent praised the ruling as "a total victory for us," since the company will be able to continue making all-red shoes.

"They brought this case to stop us from making these shoes and they lost," he said. "Our client has the right to continue to do what it has always done."

In a statement, Yves Saint Laurent rejected Louboutin's claims that it was trying to imitate its competitor's color scheme, saying it was "a venerated fashion house with the utmost in creative talent and has no need to trade on the goodwill of other brands." It said it has featured red and other colored outsoles since the 1970s.

The appeals court found support for its reasoning in a 1985 appeals ruling in favor of a fiberglass manufacturer who sought a trademark on the pink color of its residential insulation material and in a 1995 Supreme Court decision protecting the green-gold color of a dry cleaning press pad. In that ruling, the Supreme Court concluded that "color alone, at least sometimes, can meet the basic legal requirements for use as a trademark. It can act as a symbol that distinguishes a firm's goods and identifies their source, without serving any other significant function."

Source :

US Trademark Application | "NTE Energy Applies for Patent for Expansion of Its Hybrid Renewable Energy Technology Portfolio"

By : Business Wire 
Source : 
Category : US Trademark Application 

NTE Energy and its joint-venture partner, Energy Investors Funds ("EIF"), filed a patent application with the United States Patent & Trademark Office today covering an expansion of its patented hybrid renewable energy technology. For more information, please visit and .

Following the award of their first patent US 8,161,724 issued on April 24, 2012, NTE Energy has continued to improve the efficiency and versatility of the company's hybrid renewable energy technology. NTE Energy's newest patent application introduces an innovative process where the steam output from a biomass boiler is fed to feedwater heaters on traditional steam plants, typically coal, oil or natural gas fired, replacing steam typically provided through steam turbine extractions. This reduction in steam turbine extractions allows more steam to flow through the steam turbine, generating additional, and renewable, electrical power.

"We avoid the operational challenges of co-firing biomass in a traditional fossil fueled boiler as well as address the constraints of integrating biomass-generated energy into a utility's system on an economic scale," said Alan Smithe, VP of Engineering at NTE Energy. "The alternative to co-firing offered by our new technology significantly expands the number of facilities that can benefit from the capital and operating efficiencies of NTE Energy's hybrid power generation solutions."

"NTE Energy's commitment to building a sustainable future is demonstrated by our continued efforts to advance biomass generated power at the lowest possible cost," added Seth Shortlidge, President of NTE Energy. "We're pleased that NTE Energy has filed for this latest patent with the United States Patent & Trademark Office," said Lucas Missong, Vice President at EIF. "Their pursuit of renewable energy technology makes NTE Energy a leading provider of reliable, low cost, high efficiency power production solutions."

NTE Energy plans to use the new technology in the licensing, development, construction and operation of hybrid renewable power generation facilities to be located throughout the United States and internationally.

Source :

Trademark Application | "Google Awarded Patent For Multi-User Face Unlock"

By : David Angotti  
Source :
Category : Trademark Application

On Wednesday, the U.S. Patent and Trademark Office granted Google a patent that allows one or more users to log in to a computing device using facial recognition. This specific patent, which is called “Login to a computing device based on facial recognition,” allows a “computing device” to use its camera to determine the identity of one or more users based on facial recognition and then grant users access to certain personal information or assigned resources. The patent also describes the process of gathering information used to confirm the identity of a user or users.

Specifically, a small section of the 17,000 page patent filing reads:

“A method of logging a first user in to a computing device includes receiving an image of the first user via a camera operably coupled with the computing device and determining an identity of the first user based on the received image. If the determined identity matches a predetermined identity, then, based at least on the identity of the first user matching the predetermined identity, the first user is logged in to the computing device.”

At the end of last year, Apple submitted a patent application for facial recognition technology very similar to the patent just awarded to Google. Although it is unknown exactly how Google plans to use this technology, the possibility of patent wars regarding its use are likely based on the numerous recent patent litigation between technology giants.

Apart from its potential involvement in litigation, many indicators point that patent number 8,261,090 may be put to practical use in Android phones. This type of technology already exists in a less advanced form, the face unlock feature present in Android 4.0+ devices, such as the Samsung Galaxy S3 and Samsung Galaxy Nexus. Only time will tell the significance that this patented technology will play in both Google’s computing devices such as Android phones and in the courtroom.

Source :

Trademark Attorney | "Big Philadelphia law firm opens 1st mountain West office in Denver"

By : Heather Draper 
Source :
Category : Trademark Attorney

Making its first foray into the mountain West, Philadelphia-based law firm Fox Rothschild LLP has opened an office in Denver with three former Bryan Cave LLP attorneys.

Fox Rothschild’s Denver location — in Suite 975 of Tabor Center at 1200 17th Street — brings the 500-lawyer firm’s office count to 17 nationwide, it said Thursday.

Attorneys Neal S. Cohen, Scott R. Bialecki and Mark L. Yaskanin, formerly with the Denver office of St. Louis-based Bryan Cave, all joined Fox Rothschild as partners.

They will broaden Fox Rothschild’s patent prosecution and patent litigation capabilities in particular, bringing extensive experience in intellectual property, litigation and regulatory guidance to the firm, Fox Rothschild said in a statement.

“We have long been interested in creating a Fox presence in Denver, which is a hub of innovation, and we are especially pleased to be opening this office with the team of Neal, Scott and Mark,” Mark L. Silow, firmwide managing partner, said in the statement.

“Denver is experiencing dynamic growth in many business sectors, and that, combined with the recent announcement by the U.S. Patent and Trademark Office that it would open a regional facility in the city, create tremendous opportunities for us and for our clients.”

Fox Rothschild has a nationwide team of more than 200 trial attorneys and a bench of IP services that includes more than 80 team members, many who possess doctoral degrees and other advanced training in various scientific and technical disciplines.

Cohen is an experienced trial attorney who handles litigation in the technology, probate, securities and financial services areas. He served as a member of the team that prepared the brief and oral argument in the Federal Circuit’s en banc rehearing of Phillips v. AWH, a significant patent claim construction case.

Bialecki is a registered patent attorney and former Federal Trade Commission attorney. He guides clients through regulatory and intellectual property issues involving such agencies as the U.S. Patent and Trademark Office, FTC, National Advertising Review Council and the U.S. Food and Drug Administration.

Also a registered patent attorney, as well as a registered professional engineer, Yaskanin helps clients build their intellectual property portfolio and maximize their IP assets by providing a range of comprehensive services related to patents, patent procurement, litigation support, transactional due diligence, trademarks and copyrights. He has handled patents involving medical devices and equipment, energy-related systems and improvements, engineered materials, and tools and other mechanical systems and devices.

Source :

How To Trademark | "AT&T Dials Up NCAA® College Football Sponsorship with Roster of Fan Activities"

By :
Source : 
Category : How To Trademark 

As teams lined up for the first games this season, AT&T* prepared a lineup of its own to share with college football fans. AT&T is extending its longstanding support of college football with its partnership with ESPN’s College GameDay built by the Home Depot, presentation of the AT&T Fan Zone Tour and sponsorship of the “AT&T All-America Player of the Week,” “AT&T All-America Player of the Year” and numerous rivalry and bowl games. This season, AT&T is also challenging two college football fans to literally follow ESPN’s popular pregame show on the college road trip of a lifetime with a fan engagement platform titled, “On The Way To Saturday.”

“AT&T has a core value of delivering the future first and we are constantly working to engage with consumers in the passions they have. This season we will help fans stay connected with the ‘AT&T All-America Player of the Week,’ the AT&T Fan Zone Tour, the ‘On The Way To Saturday’ experience and much more – all on the nation’s largest 4G network and through their many screens and devices where they live, work and play,” said Jason Simpson, AVP, AT&T Corporate Events & Sponsorships. “We are proud to have a longtime relationship with the NCAA, various conferences and many schools which help make all of this possible.”

The AT&T lineup took the field Saturday, Sept. 1, 2012, at Cowboys Stadium prior to the highly anticipated University of Alabama vs. University of Michigan showdown. Each Sunday once the ESPN College GameDay location is announced for the following Saturday, Will and Ravi will hit the open road to make it there relying only on their car, their mobile savvy and their unwavering fandom. Along the way, they will tackle a series of unrivaled challenges designed to test their love for the game and their ability to garner support from fellow gridiron enthusiasts. Their experiences will be documented and showcased on the “On The Way To Saturday” platform at

Additionally, fans who follow Will and Ravi along the “On The Way To Saturday” experience will have two opportunities to win a trip to the 2013 Discover BCS National Championship Game.** The first is a weekly opportunity for fans to view a video of one of the challenges that will feature a keyword needed to enter the sweepstakes. One winner from the pool of entries will be selected each week. The second opportunity is for fans to draw-up a potential challenge for Will and Ravi to complete. Fans whose challenges are chosen will win a trip to the big game. See the site for complete details.

The 2012 AT&T Fan Zone Tour also made its debut at Cowboys Stadium. The interactive, mobile fan experience invites fans at 12 of the season’s biggest games to share some of AT&T’s most exciting services and offerings, play games and win prizes.

In addition to “On The Way To Saturday” and AT&T Fan Zone Tour, AT&T will continue to sponsor other bowl games and college football contests including the AT&T Cotton Bowl Classic and the annual AT&T Red River Rivalry, pitting the University of Oklahoma and the University of Texas against each other for the 107(th) time this October.

Throughout the season, AT&T will deliver fans the chance to vote for the ongoing “AT&T All-America Player of the Week” as well as the “AT&T All-America Player of the Year.” Fans can vote Sunday through Thursday each week by texting*** VOTE to 34763 to receive info on how to vote to subscribe to receive voting updates.

AT&T products and services are provided or offered by subsidiaries and affiliates of AT&T Inc. under the AT&T brand and not by AT&T Inc.

Source :

US Trademark Application | "Amarin receives US patent titled “Method of Treating Hypertriglyceridemia""

By : Bedminster
Source : 
Category : US Trademark Application 

The United States Patent and Trademark Office (USPTO) has issued a notice of allowance for US Patent Application Serial Number 13/282,145, titled "Method of Treating Hypertriglyceridemia," to Amarin Corporation plc.

The application includes claims intended to protect the Vascepa (icosapent ethyl) indication approved in July 2012 by the US Food and Drug Administration (FDA) based on Amarin's MARINE clinical trial results. A notice of allowance is issued after the USPTO makes a determination that a patent can be granted from an application.

The issued patent would have term that expires no earlier than in 2030. After issuance, Amarin plans to list the patent in the FDA's Approved Drug Products with Therapeutic Equivalence Evaluations, or Orange Book.

“This notice of allowance is based upon showings that the clinical results for Vascepa in Amarin's MARINE trial were surprising and unexpected, key factors considered by the USPTO in granting a patent," stated Joseph Zakrzewski, chairman and CEO of Amarin. "Amarin's goal is to protect the commercial potential of Vascepa to beyond 2030 through patent protection, regulatory exclusivity and trade secrets and by taking advantage of manufacturing barriers to entry. The issuance of this Notice of Allowance is a significant step toward achieving this goal."

This application is part of an expanding patent portfolio for Amarin with seven patent applications now either issued, allowed or in advanced stages of prosecution with the USPTO and over 25 additional applications pending in the United States. Amarin is also pursuing patent applications related to Vascepa in multiple jurisdictions outside the United States, including the application for Amarin's MARINE method of use patent in Europe for which Amarin has announced receipt of an Intention to Grant letter.

Amarin Corporation plc is a biopharmaceutical company focused on the commercialization and development of therapeutics to improve cardiovascular health. Amarin's product development program leverages its extensive experience in lipid science and the potential therapeutic benefits of polyunsaturated fatty acids.

Source :

US Trademark Attorney | "Ruling could alter gene pool of US patent law"

By :
Source :
Category : US Trademark Attorney

A central pillar of US law holding that human genes cannot be patented is teetering in the wake of a high-profile appeal ruling. The long-awaited outcome of the case Association of Molecular Pathology (AMP) v United States Patent and Trademark Office (USPTO) could trigger a reassessment of patent registration in the biotech sector, following unusual circumstances in which appeal court proceedings were heard twice over.

NewLegal Review first reported on the case in April 2010. At that stage, New York District Court Judge Robert Sweet ruled that breast-cancer types BRCA1 and BRCA2 were ineligible subject matter – overturning patents on the genes that the USPTO had granted to US biotech company Myriad Genetics. Plaintiff AMP had argued that the USPTO’s move was unconstitutional as US law prevents the patenting of natural processes, adding that the patents would hinder research bodies such as itself from finding out more about breast cancer. Myriad had originally filed for the genes as part of a diagnostic therapy that it had developed.

In 2011, Sweet’s District Court ruling was overturned in the Court of Appeals for the Federal Circuit (CAFC), restoring credibility to Myriad’s patents. However, in March this year the Supreme Court unanimously rejected a series of gene patents challenged in Mayo v Prometheus Laboratories – a case that examined a range of similar issues. Recognising those parallels, the Supreme Court ordered the CAFC to re-hear AMP v USPTO. But contrary to the Supreme Court’s ruling in Prometheus, the CAFC came to the same conclusion as it had in 2011, ruling in favour of the USPTO.

Three circuit judges presided over the re-hearing, with judges Moore and Lourie upholding the patents and judge Bryson dissenting. In his written opinion, Bryson stated that that extracting a gene is ‘akin to snapping a leaf from a tree’, and that plucking the leaf prematurely ‘would not turn it into a human-made invention’.

Lourie, though, wrote that it was ‘important to dispute’ Bryson’s analogy. ‘With respect,’ he asserted, ‘no one could contemplate that snapping a leaf from a tree would be worthy of a patent, whereas isolating genes to provide useful diagnostic tools and medicines is surely what the patent laws are intended to encourage and protect.’ Lourie went on to say that each BRCA gene was a ‘new chemical entity’ as a result of being isolated by Myriad’s patented process.

AMP’s litigation backers the Public Patent Foundation (PUBPAT) and American Civil Liberties Union (ACLU) were quick to criticise the ruling.

PUBPAT executive director Daniel B Ravicher said: ‘Human genes are not like new genetic tools or drugs, which can be patented because they are manufactured. It is absurd to think that a company can own naturally-occurring human genes simply because they removed them from the body.’

Meanwhile, ACLU staff attorney said: ‘This ruling prevents doctors and scientists from exchanging their ideas and research freely. Human DNA is a natural entity like air or water. It does not belong to any one company.’

In industry terms, the ruling could lead to a wave of patent filings from biotech companies as they seek to protect genes that they have discovered. But it remains to be seen whether the case will be pursued to the Supreme Court, which could overturn the CAFC decision.

Source :

Trademark Application | "Google Assigned Patent for System and Method for Reducing Startup Cost of a Software Application"

By : Targeted News Service 
Source :
Category : Trademark Application

Google, Mountain View, Calif., has been assigned a patent (8,260,876) developed by Matthew J. Bolohan, Kitchener, Canada, Robert J. Kroeger, Waterloo, Canada, and Aleksandr V. Kennberg, Waterloo, Canada, for a "system and method for reducing startup cost of a software application."

The abstract of the patent published by the U.S. Patent and Trademark Office states: "A computing device has one or more processors and memory storing programs executed by the one or more processors. The computing device initializes a main application on a first thread. The main application has a first synchronous connection with a target application. After the main application performs one or more operations at the target application through the first synchronous connection, the computing device initializes an assistant process on a second thread. The assistant process has a second synchronous connection with the target application and an asynchronous connection with the main application. After receiving a request from the main application through the asynchronous connection, the assistant process performs one or more operations at the target application through the second synchronous connection.

Source :

Trademark Attorney | "The many marks of trademarks"

By : Mary Luros
Source :
Category : Trademak Attorney

There are several different designations for trademarks and service marks, and they each mean something different. A trademark is a word, phrase, symbol and/or design that helps consumers identify the source of a product and distinguish it from products owned by others. A service mark identifies the source of a service instead of a product. People often use “trademark” to mean both trademarks and service marks. Companies also sometimes try to protect sounds, smells, and even tastes as non-traditional trademarks, although registering source-identifying taste is nearly impossible.

A letter “R” with a circle around it signifies that the name is a registered trademark, meaning that the mark is registered with the U.S. Patent and Trademark Office, or another country’s trademark office. An owner of a mark can apply for federal registration, although it’s not required. Registration puts the public on what’s called “constructive” or “legal” notice that the owner claims an ownership interest in the mark. The ® symbol may be used only after an applicant receives approval for a registration, not while an application is pending.

The letters “TM,” often in superscript, typically means that the owner does not have federal registration of the mark, but is claiming either common law rights or a state registration. Anyone can use this symbol if they wish to claim a mark as their own. No paperwork or permission is necessary to use the TM symbol.

The letters “SM,” again often in superscript, are used just like the letters “TM,” except they refer to an unregistered service mark identifying services instead of goods.

In your case, if you do not want to register your trademark, but you would like to protect your mark and claim it as your own, I recommend putting “TM” next to it. Be sure that your mark truly is unique — if someone else is using the same or similar name you might be infringing on their trademark.

Registering your mark provides many advantages, including putting the public on notice of your ownership of the mark. There is a legal presumption that if your mark is registered, you have the exclusive right to use the mark. This can be extremely important later if someone tries to sell a product that looks or sounds like your mark.

Source :

Trademark Application | "New Trademark Application By DirecTV for Competition."

By : IPS Staff
Category : Trademark Application

New Trademark Application has been filed by DriecTV. The application is for “Grab&Go” which DirecTV plans to use. It plans to use the product in the products that are related to mobile and digital video recording.
The trademark application seems to be related with Nomad place-shifting set-top which is a product of DirecTV. The product was introduced by DirecTV about a year ago. This device helps the customer of DirecTV to transfer the programs for the DVR to tablet computers and Smartphone. Until today DirecTV has not been putting a lot of effort on marketing Nomad. This trademark application is being filed for the use of Nomad legally without any infringement.
However, it is totally legal to use Grab & Go by DirecTV. DirecTV could use Grab & Go for the purpose of marketing -tops, DVRs, mobile media services, entertainment services and mobile applications. This is confirmed by the Trademark Application filed by DirecTV on August 30.
With products like Nomad or “Grab & Go, DirecTV could easily compete with its rivals. It is said that, with the trademark application and legal issues coved DirecTV in a good position. Now, it is easier for DirecTV to compete with rivals like Slingbox, Disc Network and also with AnyPlay, which is a Comcast product. It is being said that, there is another brand called “ALLSCREEN” that DirecTV has file trademark application to be used for “DVR slideloading from March.
However, a spokesperson for DirecTV has informed the FierceCable Tuesday that it is still early to make comments about trademarks on “Grab & Go.”

Trademark Attorney | "How Can A Trademark Attorney Help You?"

By : IPS Staff 
Category : Trademark Attorney

Trademark Attorney plays an important role in your trademark registration process. It is always wise to hire an Attorney while you are planning to choose or register a trademark.

Trademark Attorney can help you to choose and register a trademark or a name. Trademark Lawyer are familiar and know the process inside out. It is their experience that makes them perfect in this area. They have been helping many businesses to protect and defend their name, logos or slogans. They are also familiar with all the legal tools that are effective and powerful.  
When you hire a Trademark Attorney he/ she will help you with the trademark search. It is a process to find out if there are prior similar trademark registrations or applications. This process can also help you find out if there is someone infringing your trademark.

After the trademark search process the Trademark Attorney will register your trademark. Registration of trademark is done with the US Patent and Trademark Office. Once you have registered the trademark you are protected under the trademark law. Once you have registered your trademark, no one can use it.
Other than trademark search and registration a Trademark Attorney can also help you with legal matters. These legal issues might be about trademark infringement. Trademark issues can arise either against you or against the party that might have infringed your trademark.  You can also get international protection via Trademark Attorney.

A Trademark Attorney can stop your trademark form being infringed. If there are some primary infringement by any other party the attorney puts them on notice. With this notice the infringement can be stopped at its early stages. This is another way you can protect your trademark and for this a trademark attorney is very important.

Negotiation is another area where a Trademark Attorney can be of importance to you. He/she can help you settle if there is any difference of opinion on the trademark registration. The Trademark Attorney can make dispute supplements for you or even get the payment that was promised before the settlement.

If there is a situation that you need to go to a court and the issue is to be settled by a judge you need a Trademark Attorney. An attorney will represent you in the court and prepare all the legal documentations for you. So, it is advised that you hire an Attorney for all your trademark needs.

How To Trademark | "Changing with the cybersquatters: the evolution of brand protection"

By :  Helen Sloan 
Source :
Category : How To Trademark 

Domain name disputes continue to rise, according to a study recently published by Sweet & Maxwell, with disputes adjudicated at WIPO hitting a record-breaking 2,944 per annum in July this year (a 6% increase on last year). This news comes as no great surprise to trademark practitioners, who have experienced the steady increase of cybersquatting first hand. But while these figures will be worrying news, brand protection strategies are evolving to fight the ever-changing threat posed by cybersquatters.

For Silverberg, Goldman & Bikoff’s James Bikoff, the rise is a natural result of brand and copyright owners responding to “the increase in online shopping and the offering of counterfeit goods and pirated content on websites, many of which originate in China”. In addition Jane Seager, from Hogan Lovells in Paris, notes that cybersquatters - including those from China - are becoming not just more numerous, but also more sophisticated: “They are well aware of how to make life difficult for brand owners by not providing them with a ‘slam dunk’ case, for example by using a number of different aliases and regularly moving their portfolios around so as not to build up a pattern of obvious bad faith - meaning that they do not hold any other infringing domain names in that particular registrant’s name or have any prior decisions against them.”

Today’s cybersquatters are also savvy enough to utilise all means at their disposal to make it look like they have registered the domain in good faith: Seager cites the tactic of claiming that they have used a nickname or pet’s name: “This is often enough to create a doubt in the mind of a panellist, especially as disputes filed under the UDRP are supposedly only intended for clear cut cases of cybersquatting.”

Susan Okin Goldsmith, partner at SorinRand LLP, has also seen domain name cases become more complex and nuanced. “Cybersquatting is increasingly seen as a form of identity theft. I had one case where the client’s entire website was copied by cybersquatters, right down to the page where customers entered personal information and credit card numbers.” She expands:“My clients tend to be more in the B2B or industrial spaces, or they have software products, rather than offering consumer goods and it is a very serious problem for them, especially when people fraudulently pass themselves off as an employee, representative or branch office of a well-known company. We had a case where someone was using our client’s name and logo to set up a competing industrial service in another country. That’s a bit different from the problems encountered with fake goods but just as serious – maybe more so from a liability and reputational point of view.”

So what can trademark owners do to protect themselves? The temptation to purchase potentially infringing domains held by others is something that needs to be carefully considered, Seager warns: “In the long term it only creates more problems for brand owners, who may find themselves with a reputation amongst cybersquatters for buying domain names. This then encourages cybersquatters to register yet more variations in the hope of a windfall gain. Thus it becomes a false economy for the brand owner.”

Registering as many defensive strings as budget allows remains advisable; however, this can only go so far: it would be impossible (not to mention exceptionally costly) to cover every possible permutation of every brand name. So registration needs to be combined with efficient watching services to nip infringers in the bud sooner rather than later.

Yet despite the difficulties involved, it is not all bad news for brand owners and, as Bikoff points out, there are a number of options available: “Our clients are pursuing a range of remedies at this time. From cease and desist letters with demands for domain name transfer to takedown requests to registrars and content hosts. We also engage in UDRP and ACPA litigation and work with government agencies such as ICE and the other federal agencies on criminal investigations and prosecution. Registrars, registries and content hosts are more cooperative today in quickly disabling websites selling counterfeit goods and pirated works. Also, payment providers and advertisers are more likely to take voluntary action against cybersquatters.”

Goldsmith notes that technological developments mean that trademark practitioners also have the benefit of additional information to act upon: “In some ways, it is actually easier now to find the types of infringers encountered by my clients. In the old days you just had to hope you learned about the guy who had business cards or brochures made up with the client’s logo. People now put it all out there, because if you don’t have a website, you don’t exist. So in addition to standard trademark watches, I also have search engine feeds and we watch internet references.”

She concludes with a reminder that businesses should not lose sight of the fact that some of their best weapons in the fight against domain name squatting are right under their noses. “I also try to raise company awareness on the ‘see something, say something’ model because a vigilant employee out in the field is the best watch service of all.”

Source :

US Trademark Attorney | "Original" JEAH Giving Away Free Apparel to Remind Its Been JEAH Since the '90s"

By : JEAH 
Source : 
Category : US Patent Attorney 

Those already familiar with JEAH Communications, LLC were concerned when they heard U.S. Olympic swimmer Ryan Lochte claim to have created "JEAH." They reached out to the "original" JEAH and JEAH responded with assurance... and free stuff.

JEAH Communications, LLC has been busy these last few weeks. They've been responding to hundreds of email, tweets, Facebook messages and phone calls from past and current clients, and just about everyone who has ever come in contact with JEAH.

"Existing and former account holders and business partners wanted to be sure we knew US Olympic Swimmer Ryan Lochte was claiming to have created the term JEAH," said JEAH Communications, LLC's Managing Member, Chris Byrnes, in an interview with Oak Park-River Forest's online newspaper, "We're assuring them that as holder of a Federal Trademark on the word 'JEAH' since 2002 and used in commerce since 1999, we are actively pursuing the matter and we intend on protecting our trademark from any infringement or dilution."

Byrnes and JEAH Communications, LLC sent a cease-and-desist letter to Ryan Lochte and his attorney.

Byrnes and his team took to the company's Facebook page at, reminding visitors of JEAH's history. Links to newspaper articles from the early 2000s along with graphics and marketing material dating back to 1997 have engaged viewers. Even JEAH's old web sites have been displayed. Those who 'like' the page have shared stories of the first time they met JEAH Communications, LLC.

JEAH has also showcased apparel from its merchandise line. It offers items like t-shirts, sweatshirts, caps, pants, boxer shorts, and non-clothing such as mousepads, iPhone covers and JEAH-branded digital cameras. To thank its clients and new fans, JEAH is giving away free items from that merchandise line on its Facebook page. Visitors just need to "like" the page and "like" a specific status to be entered to win.

JEAH Communications, LLC is a full-service digital agency with 9 employees based in suburban Milwaukee and Chicago. It provides creative & web site development, hosting, domain names, shell accounts and custom technology solutions. Founded in Milwaukee in 1997, JEAH has a strong foundation in its community through membership with several chambers-of-commerce and business associations, on which Byrnes has served as Board Member and Committee Chairs.

Source :

US Trademark Application | "University of Central Florida Research Foundation, CC Technologies Laboratories Assigned Patent"

By : Targeted News Service 
Source : 
Category : US Trademark Application 

The University of Central Florida Research Foundation, Orlando, Fla., and CC Technologies Laboratories, Dublin, Ohio, has been assigned a patent (8,252,259) developed by five co-inventors for a "surfactant incorporated nanostructure for pressure drop reduction in oil and gas lines." The co-inventors are Sudipta Seal, Oviedo, Fla., William P. Jepson, Orlando, Fla., Sameer Deshpande, Santa Clara, Calif., Suresh C. Kuiry, Campbell, Calif., and Swanand D. Patil, Orlando, Fla. The abstract of the patent published by the U.S. Patent and Trademark Office states: "Nano-sized rare earth metal oxide particles are prepared from aqueous reverse micelles. The engineered nanoparticles have large surface area to volume ratios, and uniformly incorporate a surfactant in each particle, so that when applied to the inner surface of a pipeline or sprayed onto a fluid stream in a pipeline, the particles reduce the roughness of the inside surface of pipe being used to transport fluid. The application of a nanolayer of this novel nanoceria mixture causes a significant reduction in pressure drops, friction, and better recovery and yield of fluid flowing through a pipeline." The patent application was filed on Oct. 31, 2008 (12/290,501).

Source :

Trademark Application | "WMS Gaming Assigned Patent for Applying Graphical Characteristics to Graphical Objects in a Wagering Game Machine"

By : Targeted News Service 
Source : 
Category : Trademark Application 

WMS Gaming, Waukegan, Ill., has been assigned a patent (8,251,825) developed by Craig J. Sylla, Round Lake, Ill., for "applying graphical characteristics to graphical objects in a wagering game machine."

The abstract of the patent published by the U.S. Patent and Trademark Office states: "Systems and methods for providing programs on wagering game machine peripherals are described. The programs may be shader programs for execution by one or more programmable shaders on a graphics processing unit. The programs may provide a graphical result, e.g. an output on a display, or may provide a non-graphical result of a computation to a general purpose processor on the wagering game machine."

Source :

Trademark Attorney | "Digital business: Naples company gets grant to expand finger-making company"

Source : 
Category : Trademark Attorney 

Dreams keep coming true for Dan Didrick, the entrepreneur behind Naples-based Didrick Medical, whose life has been one fortuitous event after another.

His company, which assembles active-function artificial fingers for amputees, was one of 12 small businesses nationwide that each recently received a $250,000 grant from financial giant Chase in partnership with online business Living Social.

The grants enable small businesses to get to the next level of company growth.

"I will be able to come up with different sizes," Didrick, 42, said of his finger creations. "We can have inventory ready."

Didrick's six-page application to Chase and Living Social's grant program, Mission: Small Business, was among 70,000 applications submitted. He was presented with the grant Aug. 24 at a Chase branch in North Naples.

All the companies were judged on ability to demonstrate a feasible growth plan, creativity, passion for the business and desire to make a difference in the community.

"We were overwhelmed by the number of passionate small businesses that applied for the Mission: Small Business grant program and the number of consumers that showed their support," Richard Quigley, president of Business Card, Chase, said in a statement. "Every day, small businesses inspire us and fuel economic growth. (This grant program) is another way we can support small businesses for all they do in their local communities across the country."

For Didrick Medical, the community goes beyond being local. His community is people worldwide who have gone through the trauma of losing one or more fingers and who desire to restore use of their fingers through prostheses.

His company makes the only active-function fingers worldwide that he is aware of, and his patent is valid in dozens of countries, said Steve Harrison, of Naples, who serves as the company's accountant.

Didrick himself handles the finishing work for each prosthesis, called the X-Finger, to customize the stainless steel and plastic artificial finger or fingers to fit to conform to the patient. Flesh-colored silicone finger sheaths are worn on the outside.

"We can pigment them to add a little realism," he said.

* * * * *

The finger segments are made of stainless steel and pins to mimic how fingers can extend and curl inward to grasp an object, type on a keyboard and a myriad of daily living tasks. The device doesn't need batteries and instead is powered by movement of the residual finger or opposing finger. A band around the finger or wrist holds it in place.

"It's really an evolving process," he said. "I'm on the 93rd revision. This is something as we have developed and gotten feedback on, we tweak."

The manufacturing of an X-Finger starts with a block of steel to cut out the components, which is sized larger and can be cut down to an individual's need.

The part components are made in China and elsewhere; no manufacturing is done in Southwest Florida.

The company doesn't have direct contact with patients. Instead the orders are placed through prosthetists who find his business through the website and order the devices for the amputees they are working with through medical centers.

"They take the measurements and send it to us, and they get it approved through insurance," he said. "Once they get pre-approval, we can assemble and fit to the patient."

So far, sales are "still in the hundreds," he said. "We have been actually selling for four or five years."

Harrison points out that the company hasn't had to spend any money on marketing, except through the company website, and not a single cold call has been made.

An order can be filled in 30 to 60 days, if all of the parts are available. The grant will help build an inventory.

More recently, Didrick Medical has launched a charity, World Hand Foundation, to help amputees in need who don't have insurance receive an X-Finger to help with their rehabilitation.

* * * * *

The Chase grant adds to his growing list of accolades.

Didrick's invention has been featured on Modern Marvels on the History Channel and the television news program, "Squawk Box."In addition, X-Finger devices are on display in several museums, including the United States Patent and Trademark Museum, the California Science Center in Los Angeles, the Museum of Science and Industry in Chicago and elsewhere.

He also was presented with the 2009 Perfect Pitch Award at the Entrepreneur and Investor Conference in Marina del Rey, Calif. The competition had submissions from eight countries and the U.S.

His accomplishments have taken him far for someone who got into the business of artificial fingers by chance.

Growing up in Ohio, he always planned to become a special effects artist. His father, a dentist, once had a patient who lost her nose, upper lip and nine teeth, so Didrick helped out.

"I made her a new face, a mask with a nose and upper lip," he said. "It changed my life. There's no reward for making ghoulish masks."

After graduating from Heidelberg University in Ohio, he moved in 1992 to Japan because he wanted to learn the language. He lived in the industrial area of Kawasaki where he encountered people who were losing fingers from manufacturing plant accidents.

"I began making cosmetic fingers," he said.

When he came back to the U.S. and moved to Naples, he met someone who was deaf and had lost a finger, making the person's ability to communicate through sign language challenging. He died before Didrick could get him an artificial finger with functional movement.

Lacking training as an engineer, Didrick purchased a computer-aided design program, Solid Works, then designed his first X-Finger.

"A patent attorney told me it would cost $10,000," he said of getting the patent.

He went another route, buying a book about self-patenting and did it himself in 2002.

"It's been 10 years," he said.

Source :