Traditionally, trade dress was limited to the overall appearance of labels, wrappers, and containers used in packaging a product. However, over a period of years, the traditional definition expanded beyond packages and containers to include the total look of a product. Today, the total look includes the packaging, as well as the design, shape, size, […]
I’ve filed an application with the United States Patent and Trademark Office (USPTO) to register my trademark and I have received correspondence indicating that my registration of my applied for mark had been refused based upon a likelihood of confusion. What does this mean? One of the more popular rejections from the USPTO involves a […]
By: Mark R. Malek The first article I posted about this series was directed to the duty to disclose prior art to the Patent Office during the patent prosecution process. The next article tried to give some information about what constituted prior art. Now that we know what prior art is, let’s go over some good […]
By: Mark R. Malek In my last article, I noted that an inventor has a duty to disclose prior art that they know of when filing a patent application. But what is prior art? The answer to this question is extraordinarily important in determining not only patentability of an invention, but also in determining whether or […]
