My next couple of posts are going to focus on the types of words that can and can’t be trademarked. This post centers on generic terms. In short, a generic name of a product can never function as a trademark to indicate origin. The terms “generic” and “trademark” are mutually exclusive. If a term […]
2000: Restructuring of the U.S.P.T.O. In 2000, there were substantial changes to the structure and administration of the Patent and Trademark Office. One important structural change was the separation of the patent and trademark functions into separate operating units within the PTO. The PTO implemented a new position, which was titled the “Director of […]
By: Mark R. Malek My last article provided a brief overview of the patent system. I also wrote another article about why patents are somewhat important. This prompted me to reflect on my typical conversations with potential clients, and the questions that generally arise as to the different types of patents. This article will attempt to […]
By: Mark R. Malek In my previous article, I indicated that a patent is important to protect the rights of innovators and to encourage them to continue to innovate. This is done by providing a patent holder with an exclusive right to exclude others from making, using, selling, or offering to sell the invention that is […]
In trademark law, marks are placed along a continuum of distinctiveness. If a mark is classified as not being inherently distinct, the mark must acquire distinctiveness in consumers’ minds to achieve trademark status. That acquired distinctiveness is called a “secondary meaning.” Secondary meaning is a new and additional meaning that attaches to a mark. […]
By: Mark R. Malek Patent rights are derived from the U.S. Constitution. Many people mistakenly call patents rights a monopoly, but that is not exactly accurate. I will be posting a follow up article on this one that explains precisely why patents are not monopolies, and why it drives me completely nuts when people call them […]
To prove copyright infringement, the plaintiff must show that it owns a valid copyright and must establish that the defendant engaged in the unauthorized copying of the work protected by the copyright. “Copying” refers to the act of infringing any of the exclusive rights that accrue to the owner of a valid copyright under 17 […]
By: Dan Pierron Claim drafting ain’t easy. On top of having to concisely describe a quite-often complicated invention, there are all the strategic implications on word choice, independent-dependent relationships, and too many others to recite here. However, one overarching strategic decision to be made when drafting claims prior to filing an application is this; should one […]
What is a company trademark? “A trademark is any name, symbol, figure, letter, word, or mark adopted and used by a manufacturer or merchant in order to designate his or her goods and to distinguish them from those manufactured or sold by others.” – defined by dictionary.com. There are many different types of distinctive marks […]
