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Get the most out of your IP | notjustpatents.com Reviews
https://notjustpatents.com
Tie It Up! Secure the Right IP. Do you need an attorney for working with the USPTO? We assist in Trademark & Patent applications, oppositions, cease and desist letters and more. Call or email us today for a consultation.
functionasamark.notjustpatents.com
Function as a Mark
Trademarks being Used as Trademarks. Any word, term, name, symbol, or device, or any combination thereof that are used. In commerce as brand names, domain names, tag lines, slogans, non-. Functional and distinctive packaging and labeling designs, etc. to indicate the source. 237 F3d at 210 (3rd Cir., 2000). To be a valid mark, a potential mark must actually function as a trademark. 275 F2d 945, 947, 125 USPQ 227, 229 (C.C.P.A. 1960):. The Trademark Act is not an act to register words but to register trad...
stepstoatrademark.notjustpatents.com
Steps to Trademark Registration
Steps for a Trademark. Virtually every business could benefit from a trademark! According to a 2013 report by the USPTO, trademarks cover a broader set of participants in the economy [than patents] because. Almost every firm, regardless of size, market, or business strategy, has goodwill to protect. (. The USPTO Trademark Case Files Dataset: Descriptions, Lessons, and Insights. January 2013). Studies have shown that brand-. Association trademarks available to firms increases their financial performance.
notjustpatents.com
Anti-Counterfeit
http://www.notjustpatents.com/anticounterfeitenforcement.html
For more information on acquiring Trademark rights. Secure Rights Through Registration and Prosecute Counterfeiters and Pirates. Trademark owners can also protect their goods and services against counterfeiters by monitoring commercial use of their federally registered marks or confusingly similar marks and alerting federal law enforcement of counterfeiting. (See 18 USC 2318. Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging and 18 USC 2320. Wide efforts being m...
Cease and Desist Letters
http://www.notjustpatents.com/ceaseanddesistletters.html
Trademark and Patent Attorneys. Cease and Desist Letters. Sample Intellectual Property Inventory Forms. USPTO Fee Schedule after March 19, 2013. Examples of Enablement Requirement. Response to Office Action. Call us at 1-651-500-7590. Cease and Desist Letters. A cease and desist letter should be based on both the facts and the law, form letters do not take either into account. Making a material misrepresentation in a cease and desist letter could backfire. Facts matter. Mark and a Trade Name? Trademark i...
Grounds for Refusal
http://www.notjustpatents.com/groundsforrefusal.html
Grounds For USPTO Trademark Refusal. Also covered in 15 USC 1051. The following are substantive grounds for refusal. Registration may be refused on the ground that:. 1) the applicant is not the owner of the mark ( 15 U.S.C. 1051. 2) the subject matter for which registration is sought does not function as a mark. 15 USC 1052, 15 USC 1053, 15 USC 1127) because, for example, the proposed mark:. A) is used solely as a trade name. B) is functional,. C) is a nondistinctive. D) is mere ornamentation. 7) the app...
Trademark Goodwill
http://www.notjustpatents.com/trademarkgoodwill.html
Trademark Goodwill: Why Is It Important? Weak Marks Have Narrow Protection. But Being First Is Still Rewarded. Two factors affect the overall strength of a trademark: its. Inherent strength based on the nature of the mark itself (its inherent potential) and its. Commercial strength , based on the marketplace recognition value of the mark (how much strength is acquired). See Tea Board of India v. Republic of Tea Inc. 214 F3d 1322, 54 USPQ2d 1894, 1897 (Fed. Cir. 2000); Kenner Parker Toys, Inc....However, ...
Trademark and Patent Attorneys
http://www.notjustpatents.com/filingrequirementspatent.html
Intellectual property fuels the creation of knowledge-. Based economies. By providing a legal infrastructure through which ideas can become products, robust IP systems foster innovation leading to economic growth, job creation, and sustained competitiveness in global markets. The US Chamber of Commerce in their 2016 report at http:/ www.theglobalipcenter.com/wp-. Index/assets/pdf/2016/GIPC IP Index 4th Edition.pdf. Economic benefits. Are you getting all the benefits that you can from your IP? Tech hubs a...
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m.Merely Descriptive Issues
http://merely-descriptive.com/m.merelydescriptiverefusals.html
Not Just Patents Legal Services provides a very economical package for USPTO Trademark Registration and Trademark Oppositions and Cancellations. See What to Expect. Not Just Patents Trademark Attorney for more information on what steps we take to protect your rights and help you develop a strong trademark. We suggest our service and our plan-. A Not Just Patents. As part of a Plan for A Successful Trademark:. 1) Verify Inherent Strength. 2) Verify Right to Use. 3) Verify Right to Register. Time attorney&...
m.Petition To Cancel
http://petitiontocancel.com/m.petitiontocancel.html
Petition to Cancel or Opposition? Can you do both-. An Opposition Proceeding and then a Cancellation Proceeding if the first (Opposition) does not succeed? Not unless there are significant facts that change. An applicant who survives an opposition is entitled to move forward with use and development of its mark, without fear that the Opposer could obtain a second bite at the apple based on immaterially changed transactional facts. Orouba Agrifoods Processing v. United Food Import. A Supplemental Registra...
m.Examples Merely Descriptive
http://merelydescriptive.com/m.examplesmerelydescriptive.html
General Rules For Determining If A Trademark is Merely Descriptive. Extracted from USPTO Office Actions). A mark is merely descriptive under Trademark Act Section 2(e)(1). 15 USC. 1052(e)(1) , if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the relevant services. In re Gyulay. 820 F2d 1216, 3 USPQ2d 1009 (Fed. Cir. 1987); In re Bed and Breakfast Registry. 791 F2d 157, 229 USPQ 818 (Fed. Cir. 1986); In re MetPath Inc. 223 USPQ 88 (TTAB 1984); In re Bright-.
m.Counterclaims
http://petitiontocancel.com/m.counterclaims.html
TRADEMARK TRIAL AND APPEAL BOARD MANUAL OF PROCEDURE. TBMP 313 .01 In General. 37 CFR 2.106(b)(2). Ii) An attack on the validity of a registration pleaded by an opposer will not be heard unless a counterclaim or separate petition is filed to seek the cancellation of such registration. Iii) The provisions of 2.111 through 2.115, inclusive, shall be applicable to counterclaims. A time, not less than thirty days, will be designated within which an answer to the counterclaim must be filed. The Board cannot e...
m.Affirmative Defenses
http://petitiontocancel.com/m.affirmativedefenses.html
Affirmative Defenses Bar The Claim. An affirmative defense assumes the allegations in the complaint to be true but, nevertheless, constitutes a defense to the allegations in the complaint. An affirmative defense does not negate the elements of the cause of action; it is an explanation that bars the claim. Gwin v. Curry. What is Not An Affirmative Defense? Failure to state a claim upon which relief can be granted is not an affirmative defense. Lack of standing is not an affirmative defense. Party registra...
m.Cancellation Steps
http://petitiontocancel.com/m.cancellationsteps.html
WHAT HAPPENS AFTER THE PETITION TO CANCEL (the opening pleading) IS FILED? STEPS FOR A TRADEMARK CANCELLATION. For a USPTO registered trademark). Registered trademarks that issued may be contested and canceled by anyone who has standing. Grounds that negates the defendant's right to registration may be raised for cancellation except that incontestable. Have a more limited list of grounds on which they can be contested. TBMP 309.03(b) Standing. 289 F2d 656, 129 USPQ 275, 280 (CCPA 1961). Where registratio...
m.Opposition Defense
http://www.njp.legal/m.oppositiondefense.html
Often Representing the Underdog). Most of our clients are small businesses trying to protect their trademarks, often from someone bigger who is claiming that the smaller businesses trademark is likely to be confused. From the potential opposer. Even if the TTAB (USPTO Trademark Trial and Appeal Board) finds that an opposer has proven that its marks are famous for purposes of likelihood of confusion, fame alone is not sufficient to establish likelihood of confusion. 75 USPQ2d 1811, 1819-. 1820 (TTAB 2005)...
Recent Cases | Law Office of Jerold D. Friedman
https://lawofficejdf.wordpress.com/recent-cases
Law Office of Jerold D. Friedman. The Law Office of Jerold D. Friedman is a Social Justice Law Firm. Only select cases are published due to the sensitive nature of litigation.). Mims, et al. v. Oliver. Civil rights lawsuit against Mims’s former computer science professor, J.D. Oliver. Mims alleges that Oliver demanded sex and in return he would let her enter her own grade into the school’s grading system, or she would otherwise get an F. Mims reported Oliver’s behavior t...Case is pending.]. Gene Basler ...
m.Incontestable Trademarks
http://strongtrademark.com/m.incontestabletrademarks.html
Incontestable" trademark is a trademark (MUST BE ALL OF THESE):. That is registered on the Principal Register (does NOT apply to Supplemental Register);. Has been in continuous use in commerce for a period of five (5) years after the date of registration (or date of publication under. 12 (15 U.S.C. 1062). Is still in use in commerce. Why is incontestability important? The validity of the registered mark;. The registration of the mark,. The owner's ownership of the mark; and. WHAT IS A 15 DECLARATION?
m.Steps to a Trademark
http://stepstoatrademark.com/m.stepstoatrademark.html
Steps for a Trademark. Virtually every business could benefit from a trademark! According to a 2013 report by the USPTO, trademarks cover a broader set of participants in the economy [than patents] because almost every firm, regardless of size, market, or business strategy, has goodwill to protect. (. The USPTO Trademark Case Files Dataset: Descriptions, Lessons, and Insights. Any word, term, name, symbol, or device, or any combination thereof that are used in commerce as brand names, tag lines, slogans.
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A TASTE OF IT ALL! Get our "Best of the Partz" bundle. How about this twist on "Girls Night out"? If you live in the Metro DC area we'll come to you! Gather your friends for a creative evening workshop making pins and pendants from your old or broken jewelry. Charm and Kit Diva. FABULOUS PARTZ FOR CRAFTS, JEWELRY MAKING, ALTERED ART. Unique Handpicked and handcrafted materials since 2001, kitz and projects plus techniques from the PartzDiva. WE ARE, TOO! See our Project Page(s) for more ideas. Lovely bit...
Get the most out of your IP
Are you getting all the benefits that you can from your IP? Intellectual property fuels the creation of knowledge-. Based economies. By providing a legal infrastructure through which ideas can become products, robust IP systems foster innovation leading to economic growth, job creation, and sustained competitiveness in global markets. US Chamber of Commerce. Virtually every business could benefit from a trademark! The USPTO Trademark Case Files Dataset: Descriptions, Lessons, and Insights. Whether a Trad...
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