Protecting Potential Patent Rights

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Protecting Potential Patent Rights

Startups are typically heady with patent potential, whether real or imagined. It is important to keep in mind some best practices for protecting potential patent rights.

1. Audit your Intellectual Property. Develop of system to organize a keep track of your potentially patentable inventions.  Schedule “harvest” sessions with a patent attorney to identify potential patentable inventions. These sessions are a relatively inexpensive way to develop a patent strategy that makes sense for your startup.

2. Be careful with public and ...

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Opposition Proceeding: When to Oppose the Registration of a Trademark

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Opposition Proceeding: When to Oppose the Registration of a Trademark

If you are a trademark owner who monitors your trademark portfolio, you are likely paying attention to applications filed with the United States Patent and Trademark Office (USPTO). You want to ensure that no applicant attempts to register a trademark you believe to be confusingly similar to your own trademark. Perhaps a competitor is looking to register a merely descriptive or generic term that you believe should be available for ...

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Trademark: From Application to (Opposition) to Registration

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Trademark: From Application to (Opposition) to Registration

We previously published posts on trademark selection and preparing and filing trademark applications. When looking to adopt a trademark, it is best for the mark to be fanciful, arbitrary, or at the very least suggestive, with reference to your goods and/or services. When undertaking the trademark selection process, do your research and avoid selecting marks that could be considered similar to another mark already in use, in your same industries in particular. ...

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Have you ever had a (Famous) Popsicle?

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Have you ever had a Popsicle?  Are you *sure*?  The word “Popsicle” is a registered trademark of Conopco, Inc. (doing business as Unilever Bestfoods North America). So, unless you are eating a Unilever popsicle, it is just a “pop” or an “ice pop”; we know, explain that to your seven-year-old, who asks you for a popsicle.

Genericide” occurs when a trademark becomes so popular and its use so pervasive with reference to certain goods that the general public ...

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