Foreign Words Not Considered “Fanciful” in the Trademark World

I often have clients that come to me hoping to trademark a foreign word. While foreign languages can hold great appeal, Applicants are required to disclose the meaning of a foreign word in every application.   Every foreign word is reviewed based on its equivalent in English during prosecution. For instance, Süß is a GermanContinue reading “Foreign Words Not Considered “Fanciful” in the Trademark World”

Diminishing Success Rate in Successive Office Action Responses

Before engaging with a client in a new patent application I make a point of reviewing the overall grant rate statistics. Typically, the acceptance rate for patent applications in the United States hovers right around 50%. In 2020, the grant rate was 53% meaning that nearly half of the patent applications submitted never resulted inContinue reading “Diminishing Success Rate in Successive Office Action Responses”

USPTO Spoofing Scam – Beware!

Recently USPTO Trademark applicants have been receiving calls from scammers claiming to be from the USPTO. The call identifier may note “USPTO”; however, these calls are being spoofed. Generally speaking, you will not receive a call from the USPTO unless you are a pro se applicant and have a trademark that is currently in theContinue reading “USPTO Spoofing Scam – Beware!”

Weaponizing Copyrights in Cancel Culture

Recently many have been turning to copyrights as a means of punishing or silencing their opponents.  In one recent case, a police officer relied on Taylor Swift’s copyright to prevent a private citizen from posting cell phone footage of an unflattering interaction.  The officer played Swift’s music on his own phone while being recorded andContinue reading “Weaponizing Copyrights in Cancel Culture”

Overview of the Trademark Modernization Act

The recent COVID-19 relief bill included a number of changes to trademark law.  The Trademark Modernization Act has now been signed into law and allows third parties to:  File Petitions for Expungement or Reexamination Submit evidence supporting a refusal to register a trademark Click here for full article and additional changes to the law

Contract Drafting: It’s All in the Details

In 1881,  Dr. Joseph Lawrence invented Listerine and it remains the #1 best selling mouthwash.  Later that year, Dr. Lawrence sold the secret formulation to a pharmacist named Jordan Lambert.  The contract drafted in this exchange required Lambert to pay Dr. Lawrence a royalty  based on volumetric sales for as long as Listerine was sold.Continue reading “Contract Drafting: It’s All in the Details”

Engineer Posts Open-source DIY “Ventilator-ish” Device Instructions

With the recent increase in confirmed coronavirus cases many are concerned that ventilator supplies may run low.  One man has come up with a way to create a ventilator-like apparatus by modifying a standard CPAP machine.  This device is not FDA approved and does not appear to have been tested by any medical professionals; however,Continue reading “Engineer Posts Open-source DIY “Ventilator-ish” Device Instructions”