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."

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.”

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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.

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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).

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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."

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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.

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How To Trademark | "How To Trademark A Company Name? "

By : IPS Staffs
Category : How To Trademark

How to trademark?  There is a simple answer to this. Registering a trademark is a simple process. One can file a trademark application using an online form in less than 1 ½ hours, without any help of a legal professional. There is a website from where one can file a trademark application in a few simple steps. 
However, the first thing one should do before filling the online form is to check for previous registrations. This is to find out if there has been any prior registration for similar trademark. A similar trademark cannot be used by multiple companies or persons. If there is a prior registration the application will be canceled automatically. Many of us do not know how to trademark so our application ends up getting rejected. So, it is wise to take advice form a trademark lawyer.  
There is a fees for online registration which falls in between $ 275/- & $325/-. This process requires some information. The information required for the online registration processes are categories of goods and services where the trademark is going to be used, exact date of the trademark’s use commercially and if there is any design component to it. 
In the U.S. Patent and Trademark Office Web Site, it is stated that the response to the application will be within six months. It is advised that one should seek help form an IP Attorney for registration. Sometimes your trademark can be rejected even if there is a slight resemblance to another trademark. So, to find out how to trademark in this complicated situation, IP Attorney can be your best advisor. 
Generic names are very difficult to register and most of us might not know how to trademark in this situation. There are trademark lawyers to help us out and get out trademark protected. 

Trademark Application | "Hundred percent raise in Trademark Application in India since 2001-02. Large numbers of Trademark Applications are pending with the government."

By: IPS Staff 
Category : Trademark Application 

Approximately 6.5 lakh trademark applications are pending with the Indian government. This backlog is due to the shortage of manpower. There is a 100% increase in the application since 2001-02.
Reports indicate that the Trademark Applications are pending at the examination stage, objection stage and at the opposition stage. All these applications are pending since March 31, 2012. According to the officials, the pending is due to the lengthy process of approval. Other reason for this backlog is due to sudden increase in the number of applications.
The recruitment process is under way for the Trademark Registry. The increased number of staffs at the Trademark Registry is believed to speed up the Trademark Application process.
To make the Trademark Registry office more efficient, introduction of computerized system and organized office process has been implemented.  With this improvement the government hopes to accelerate the Trademark Application process.

Trademark Attorney | "What Is A Trademark Attorney?"

By : IPS Staff
Category : Trademark Attorney

Trademark Attorneys are involved in trademark law who also provide information and advice in trademark and design issues. A Trademark Attorney is responsible in the process of selecting trademark, documentation to register trademark, trademark search, advice on use and registration of trademark and many other trademark issues.
There are some standardized tests that a Trademark Attorney must take in order to practice legally.

In most of the countries, especially in the United Kingdom, a Trademark Attorney is considered as a separate legal profession and is recognized as a lawyer. However, in the United States Trademark Attorneys are recognized as general legal professionals.

In the United States a Trademark Attorney with a license to practice can represent any individuals or companies in the US Trademark Office. On the other hand Patent Attorney must pass an exam to represent companies and individuals but a Trademark Attorney does not need to pass any exams.

The examiners who review the Trademark Applications are also licensed Trademark Examining Attorney. The examiners also help in Trademark Search to make sure that the trademark applied is not identical to a registered or a pending application. It is wise for any individual to have a Trademark Attorney representing them while filing a Trademark Application. Because once someone files a Trademark Application their application will be reviewed directly by an Attorney at the Trademark Office.

Trademark Search| "Trademark Search & Registration Process In Canada"

By : IPS Staff
Category : Trademark Search

Trademark Search is the first step towards trademark registration. Most individuals and companies are not aware of the trademark registration process. Here is brief information on trademark registration process in Canada and the approximate time frame of the process.

The first and the primary step in the trademark registration process is the Trademark Search. This process begins with some database search to make sure there are no prior registrations. Trademark Search helps to make a genuine trademark registration.

After the Trademark Search process is completed and everything is clear the trademark registration process is started. The first step in this process is filing an application in the Canadian Intellectual Property Office. This application brings forward the details on the rights to trademark, this also includes the products and services which you wish to trademark. The documents will also include the clearance from the Trademark Search Office.

Once the trademark application has been filed the examiner from the Trademark Office will perform an internal Trademark Search. This search is done to find out if there is any other prior registration done under the same product and services. If there are any prior registration or any issues in registration the applicant will get a letter from the Trademark Office. The applicant will also have a chance to respond to the letter issued for the examiner.

If the examiner gives a green signal, after his/ her Trademark Search process is completed. The applicant now has only a few formalities to complete. After the document formalities are complete the trademark application is now ready to be published in the Trademark Journal.  This publication is important because it is a public notice. The publication states that the Trademark Office has decided that the application and trademark can be registered.

Publication of the application is important because the public will then have an opportunity to object on the approval. The public will have a chance the file objection against the application. Even after the Trademark Search process and the approval from the trademark office there is a place for objection. Objection can be done only if the objecting party has clear documentation to support their objection. The objection is made if the filing party feels that they have strong rights on a comparable trademark.

After all the objections from the public have been clarified, the trademark applicant can then complete the registration process and make the final payments. When the trademark registration process is complete the, Canadian Intellectual Property Office will issue a certificate which is valid for 15 years which can be renewed after expiry.

US Trademark Application | "Pay a Little Now or More Later: Searching and Registering Trademarks an Essential Investment for Start-Up Businesses Says Bowie & Jensen's Pamela Riewerts"

By :  WDM Group PR Network 
Source :
Category : US Trademark Application

Start-up companies begin to create value by building the name of their company, product or service. Businesses, however, should avoid being identified with a company, product, or service name until a trademark search is conducted. Companies should perform trademark searches before naming their business, product, or service, all in order to avoid costly conflicts later on.

Pamela Riewerts is a patent attorney with Bowie & Jensen, a leading business law firm in Towson, Maryland. Ms. Riewerts practices in the firm's litigation and intellectual property group.  She has experience in patent, trademark, copyright and related litigation and joined Bowie & Jensen after handling complex business and corporate litigation matters for large New York City and Washington, D.C. firms.  She also served as private intellectual property counsel for several established businesses. Her work included conducting trademark clearance and infringement investigations, coordinating enforcement efforts on behalf of clients, reviewing marketing materials and editorial publications for trademark compliance, and drafting non-disclosure and non-compete agreements designed to protect a client's trade secrets.  

Ms. Riewerts explains that the name of a business, product or service may be considered a trademark depending on how it is used. Trademarks identify the source of the goods and services put in interstate commerce. A registered trademark puts others on notice that your business is declaring exclusive rights in your mark. If another company uses the same or similar business, product or service name or logo, your having a federal registered mark can prevent that other company from unauthorized use of your mark.

Business owners need the strategic foresight to protect their intellectual property including trademarks. In evaluating your business needs, do not overlook your future business potential.  While trademark protection may not be necessary in certain cases, over the years, business needs may evolve and change. Your business may move in an alternate direction, relocate or expand the geographic client base.

Trademark protection can be established even before you begin use of the mark in combination with your goods or services in commerce.  Typically, the date of protection revolves around the filing of a trademark application and plays a key role in establishing the time when your business can begin to exclude others from using your mark. Thus, the sooner you file a trademark application, the better.

Before selecting and using a company, product, or service mark, a business should make a small investment in establishing and protecting its trademarks in the beginning. This will help your business save money in the long run to prevent unwanted litigation costs or potential loss of a business' current mark.

Here are a few simple steps:

Conduct a trademark search: It is usually advisable to consult a trademark attorney as a business enters the idea and development stages of creating a trademark.

File a trademark application and register the trademark: A business may file an application and register its business trademark with the United States Trademark Office. Although registering a business' trademark is not a requirement, it is the most important step towards protecting a trademark.

Purchase domain names: Although, domain names may not be considered trademarks they may confuse consumers as to the provider of the goods or services. Therefore, a company should consider purchasing domain names having the same or similar name as its business or product. This helps to prevent confusion or any costly litigation that may ensue later on down the line.

Trademark maintenance: It is essential once you have registered your trademark, that your business continues to create value in its mark. This means using your trademark in its proper registered format. In addition, it is important to put third parties on notice that you are claiming rights in your mark. Therefore, registered marks should be followed by use of the "®" symbol. Even if a name is not registered, you may still claim common law rights in a mark by using the "TM" symbol.

Although the budget for new or emerging business may be tight, paying for the minimal costs of searching, securing a trademark registration, and purchasing domains will be well worth it in the long run.

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Trademark Application | "Primestar Solar Assigned Patent for Methods of Manufacturing Cadmium Telluride Thin Film Photovoltaic Devices"

By : Targeted News Service 
Source : 
Category : Trademark Application

 Primestar Solar, Arvada, Colo., has been assigned a patent (8,252,618) developed by Patrick Lynch O'Keefe, Loveland, Colo., for "methods of manufacturing cadmium telluride thin film photovoltaic devices." The abstract of the patent published by the U.S. Patent and Trademark Office states: "Methods for manufacturing a cadmium telluride based thin film photovoltaic device are generally disclosed. A resistive transparent layer can be sputtered on a transparent conductive oxide layer from a metal alloy target in a sputtering atmosphere of argon and oxygen that includes argon from about 5% to about 40%. A cadmium sulfide layer can then be formed on the resistive transparent layer. A cadmium telluride layer can be formed on the cadmium sulfide layer; and a back contact layer can be formed on the cadmium telluride layer. The sputtering can be accomplished within a sputtering chamber."

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Trademark Attorney | "Five strategies from Fay Sharpe on what to do when you’re the target of intellectual property litigation"

By : Cleveland 
Source : 
Category : Trademark Attorney 

The impact of intellectual property litigation can devastate a small business, as it is an extremely expensive and there are many steps involved in preparing a defense.

“The most important thing is to not ignore the complaint,” says Jude A. Fry, a partner with Fay Sharpe LLP. “When a complaint is delivered, you typically have 21 days to answer or to file a motion to dismiss. Don’t just sit on it for two weeks and then decide you have to act because there is a lot you need to do immediately,” she says.

Smart Business spoke with Fry about how to defend yourself against intellectual property infringement lawsuits both before and after a complaint has been filed.

When a suit is filed, how much time can pass before a company needs to take action and should you assert potential defenses?

Act immediately. Contact and retain legal counsel as soon as possible. Preferably, hire an attorney who specializes in patent, trademark or copyright law who can help you figure out the strength of the complaint and your potential defenses.

However, chances are that the attorney you hire will want a retainer. Ask him or her for an estimate of the attorney’s fees you may expend over the course of the litigation so that you’re aware of the potential costs of the suit. Talk with your general counsel to get a recommendation for someone who could handle the case.

It’s possible to assert a counterclaim against the other side to try to leverage a settlement. For example, the products of the entity filing the suit could be examined to determine if any infringe on your patents. You can also assert counterclaims that the other side’s intellectual property is invalid or unenforceable, assuming you have a basis for making these claims. Once the other party is under the gun, it may not want to pursue the lawsuit.

The counterclaims that you assert are going to be related to the facts that are alleged against you in the complaint. There are times when the other side may try to file a motion to strike your counterclaims or remove them to a new litigation, but typically they are going to be part of your answer to the complaint.

Can claims contained in the complaint be covered by insurance?

Yes. Particularly if the claims include an advertising component, they could be covered under an ‘advertising injury’ provision of a comprehensive general liability insurance policy. While this type of provision is often part of a policy, it usually has exclusions.

Immediately contact your insurance agent and send him or her a copy of the complaint. The insurance company could agree to defend you in the suit and cover your attorney’s fees. However, it may retain counsel of its own choosing to defend you, and you might want to dispute their choice.

The insurance company may also pay the other side to settle the matter or pay any judgment against you, although this is often only the case when you’ve included previously such a clause in your policy. Either way, it’s worth the time to determine whether your insurance will cover any part of this.

Should documents and emails related to the complaint be destroyed?

Definitely not, because the court is likely going to discover you did so and will sanction you. As a result, you will either have to pay damages or the court could presume that you have done something wrong. Destroying evidence could be devastating to your case.

Contact your IT department and place a preservation hold on documents, including emails that may pertain to the litigation. Take affirmative steps to make sure all evidence is maintained and put steps in place to ensure that you identify and protect documents that, without intervention, could be destroyed.

Have an attorney speak with key people who may have knowledge or documents that pertain to the litigation and advise them of the necessity to preserve evidence.

How can a company assess its potential exposure in a lawsuit?

Work with your lawyer to see what types of damages could be available to the other side, such as monetary damages that could include an award of your profits, a reasonable royalty on sales of infringing products and actual damages to the other side. Also, estimate your sales of the product that has been accused and the profit that you made from those sales.

Statutory damages could also be available in copyright infringement cases. Statutory damages can be applied if fault is established without proof that the claimant has been damaged or that it lost sales to you. Damages claimed can range from $750 to a maximum of $150,000 if willful infringement can be proved.

Also, consider the business implications of an injunction enjoining the sale of the accused product. This could result in an injunction that prevents you from selling the product associated with the violation, which could mean the end of your business.

What steps can a company take to avoid this type of litigation?

Do your research and determine whether competitive products are protected. Examine packaging, advertising and websites for trademark and copyright symbols and references to patent numbers. If a party is holding a similar product out as covered by intellectual property, talk to an Intellectual Property lawyer prior to selling or manufacturing your product. While there is always the chance that regardless of the precautions you take, you could still get sued, consulting with counsel in the early stages can better position you to disprove a claim that you intentionally infringed a copyright, trademark or patent.

Also, apply for your own intellectual property protection. In addition, if you are working with independent contractors, make sure you have agreements in place to ensure you own all the rights in the work and that your employees execute agreements assigning all rights in IP to you.

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