Intellectual Property Law Articles
By Johnson and Phung | Minnesota Trademark Attorneys | Updated September 2026 Direct answer: A Minnesota trademark registration creates a public state record for a mark already used in Minnesota commerce, but its protection is limited to Minnesota. Federal registration may be more appropriate when a business sells across state lines, serves interstate customers, or […]
By Johnson & Phung, PLLC | Minnesota Patent Lawyers and Trademark Lawyers | Minneapolis–St. Paul Updated October 2026 _________________________________ Introduction Short answer: Minnesota businesses may rely on common-law rights, register a mark with the Minnesota Secretary of State, apply for federal registration with the United States Patent and Trademark Office (USPTO), or use a […]
By Johnson & Phung | Minnesota Patent Lawyers and Minnesota Trademark Lawyers | St. Paul, Minneapolis and the Twin Cities Updated October 2026 | Reviewed for Minnesota businesses, entrepreneurs, and startups _________________________________ Table of Content 1. Introduction 2. The Trademark Process Step by Step 3. Minnesota-Based Trademark Examples 4. Frequently Asked Questions 5. Conclusion ________________________________ […]
Minnesota Trademark Registration for Small Businesses: State vs. Federal Protection
By Staff
READ ARTICLEBy Johnson & Phung | Minnesota Patent Lawyers and Minnesota Trademark Lawyers | St. Paul, Minneapolis and the Twin Cities Updated October 2026 | Reviewed for Minnesota businesses, entrepreneurs, and startups _________________________________ Quick Answer: How Do You Register a Trademark in Minnesota? To register a trademark or service mark in Minnesota, the mark must already […]
A Minnesota-focused guide from Johnson & Phung | Minnesota Patent Lawyers and Minnesota Trademark Lawyers | St. Paul, Minneapolis and the Twin Cities Updated October 2026 | Reviewed for Minnesota businesses, entrepreneurs, and startups _________________________________ Quick answer: To register a trademark or service mark in Minnesota, the mark must already be used commercially in Minnesota. […]
Federal Trademark Renewal in Minnesota: Deadlines, Requirements, and Filing Guide
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READ ARTICLEBy Johnson & Phung, PLLC | Minnesota Patent Attorneys & Trademark Attorneys | St. Paul and the Twin Cities Updated October 2026 _________________________________ Introduction Federal trademark renewal is the process of keeping a U.S. trademark registration active by filing required maintenance documents, confirming continued use in commerce, and submitting acceptable specimens and fees. For Minnesota […]
Practical branding and trademark guidance from Johnson & Phung for Minnesota businesses, startups, and entrepreneurs. By Johnson & Phung, LLC | Minnesota Patent Lawyers & Trademark Lawyers | St. Paul and the Twin Cities Updated October 2026 _________________________________ Direct answer: To brand a product or service in Minnesota, define what makes the offering distinctive, identify […]
By Johnson & Phung | Minnesota Patent Lawyers and Minnesota Trademark Lawyers | St. Paul, Minneapolis and the Twin Cities Updated October 2026 | Reviewed for Minnesota businesses, entrepreneurs, and startups Quick answer: A trademark knockout search is a focused preliminary review used to identify obvious conflicts before you invest in a business name, product […]
By Johnson & Phung | Minnesota Patent Lawyers and Minnesota Trademark Lawyers | St. Paul, Minneapolis and the Twin Cities Updated October 2026 | Reviewed for Minnesota businesses, entrepreneurs, and startups _________________________________ Table of Content 1. Introduction 2. What Is a Trademark Clearance Search? 3. The Three Layers of Search Depth 4. Understanding Likelihood of […]
Minnesota Trademark Monitoring: How to Protect Your Brand | Johnson & Phung PLLC
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READ ARTICLEA Minnesota-focused guide from Johnson & Phung | Minnesota Patent Lawyers and Minnesota Trademark Lawyers | St. Paul, Minneapolis and the Twin Cities Updated October 2026 | Reviewed for Minnesota businesses, entrepreneurs, and startups _________________________________ Direct answer: Minnesota businesses should monitor their trademarks because registration and marketplace use do not automatically stop others from adopting […]
Minnesota Trademark Knockout Search: How to Check a Business Name Before You File
By Staff
READ ARTICLEA Minnesota-focused guide from Johnson & Phung | Minnesota Patent Lawyers and Minnesota Trademark Lawyers | St. Paul, Minneapolis and the Twin Cities Updated October 2026 | Reviewed for Minnesota businesses, entrepreneurs, and startups _________________________________ Direct answer: A Minnesota trademark knockout search is a focused, preliminary review of federal, state, and marketplace records for obvious […]
By Johnson & Phung PLLC | Minnesota Patent Lawyers & Trademark Lawyers | St. Paul and the Twin Cities Updated October 2026 _________________________________ Direct answer: To choose a strong trademark in Minnesota, select a distinctive name, search for confusingly similar marks, confirm that the name can grow beyond a local market, and choose the right […]
By Johnson & Phung P LLC | Minnesota Patent Lawyers, Trademark Lawyers & Intellectual Property Lawyers | St. Paul and the Twin Cities Updated October 2026 _________________________________ Federal and Minnesota Trademark Registration: Quick Answers For Minnesota founders, retailers, manufacturers, professional practices, and online businesses, a trademark can become one of the company’s most valuable assets. […]
By Johnson & Phung | Minnesota Patent Lawyers and Minnesota Trademark Lawyers | St. Paul, Minneapolis, and Minnesota Updated October 2026 ________________________ Introduction A Section 1(b) intent-to-use (ITU) trademark application lets a business seek federal registration before it begins using a brand name, logo, slogan, or other mark in commerce. The applicant must have a […]
Minnesota Intent-to-Use Trademark Applications: How to Draft Goods and Services Descriptions
By Staff
READ ARTICLEBy Johnson & Phung | Minnesota Patent Lawyers and Minnesota Trademark Lawyers | St. Paul, Minneapolis and the Twin Cities Updated October 2026 | Reviewed for Minnesota businesses, entrepreneurs, and startups Direct answer: A Section 1(b) intent-to-use trademark application lets a business seek an earlier federal filing date before launching a brand. The identification of […]
By Johnson & Phung | Minnesota Patent Lawyers and Minnesota Trademark Lawyers | St. Paul, Minneapolis and the Twin Cities Updated October 2026 | Reviewed for Minnesota businesses, entrepreneurs, and startups Direct Answer: A common-law trademark search investigates names, slogans, logos, and other source identifiers already used in the marketplace—even when they are not federally […]
By Johnson & Phung | Minnesota Patent Lawyers and Minnesota Trademark Lawyers | St. Paul, Minneapolis and the Twin Cities Updated October 2026 | Reviewed for Minnesota businesses, entrepreneurs, and startups _________________________________ Introduction Short answer: A trademark clearance search checks whether a proposed name, logo, or slogan is likely to conflict with earlier rights before […]
By Johnson & Phung | Minnesota Patent Lawyers and Minnesota Trademark Lawyers | St. Paul, Minneapolis and the Twin Cities Updated October 2026 | Reviewed for Minnesota businesses, entrepreneurs, and startups ________________________________ What Is a Trademark, and Why Does It Matter in Minnesota? A trademark is a word, phrase, symbol, design, or combination that […]
Minnesota Business Name Registration and Trademark Protection: What Business Owners Need to Know
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READ ARTICLEA Minnesota-focused guide from Johnson & Phung | Minnesota Patent Lawyers and Minnesota Trademark Lawyers | St. Paul, Minneapolis and the Twin Cities Updated October 2026 | Reviewed for Minnesota businesses, entrepreneurs, and startups _________________________________ Direct Answer: A Minnesota business-name filing identifies an entity or assumed name in state records, but it does not […]
By Johnson & Phung PLLC | Patent Lawyers & Trademark Lawyers | St. Paul, MN | Minneapolis, MN Updated September 2026 Direct Answer: When inventors think about patents, they often focus on what they can protect: a new device, a technical process, a software improvement, or a manufactured product. Just as important, however, is understanding […]
By Johnson & Phung PLLC | Patent Lawyers & Trademark Lawyers | St. Paul, MN | Minneapolis, MN Updated September 2026 Direct Answer: In patent law, novel means that an invention is genuinely new and has not been publicly disclosed before the patent filing date. Non-obvious means that the invention is not merely a simple […]
By Johnson & Phung PLLC | Patent Lawyers & Trademark Lawyers | St. Paul, MN | Minneapolis, MN Updated September 2026 Direct Answer: For inventors and startup founders, the phrase “patent pending” can feel both exciting and confusing. It suggests that an idea has entered the legal protection process, but it does not mean the […]
By Johnson & Phung PLLC | Patent Lawyers & Trademark Lawyers | St. Paul, MN | Minneapolis, MN Updated September 2026 Direct Answer: Before meeting with a patent attorney, it is helpful to gather clear and organized information about your invention, including what it does, how it works, and what makes it different from existing […]
What is a patent disclosure document and how long does it need to be in order to provide for a patent attorney?
By Staff
READ ARTICLEBy Johnson & Phung PLLC | Patent Lawyers & Trademark Lawyers | St. Paul, MN | Minneapolis, MN Updated September 2026 Direct Answer: For inventors, preparing a patent disclosure document can feel intimidating at first. The good news is that it does not need to be perfect, formal, or written like a legal filing. A […]
By Johnson & Phung PLLC | Patent Lawyers & Trademark Lawyers | St. Paul, MN | Minneapolis, MN Updated September 2026 Direct Answer: Patent applications are built on a basic exchange: an inventor receives the possibility of exclusive rights, and the public receives a meaningful technical disclosure. A patent enablement rejection happens when the USPTO […]
By Johnson & Phung PLLC | Patent & Trademark Lawyers | St. Paul, MN | Minneapolis, MN Updated September 2026 Direct Answer: For many inventors, filing a patent application feels like a logical first step after developing a promising idea. The U.S. Patent and Trademark Office allows individuals to file applications without an attorney, which […]
Can We Still Obtain a Patent Even If My Invention Was Released in Our Product or Otherwise Known to Outsiders?
By Staff
READ ARTICLEBy Johnson & Phung | Patent & Trademark Law | St. Paul, MN | Updated September 2026 Direct Answer: In short, you may still be able to obtain a patent even if your invention has already been released in a product or become known to outsiders, but only under specific conditions. U.S. patent law generally […]
Can’t I Simply Insert a Description of My Invention in a Sealed Envelope and Mail it to Myself, for Protection?
By Staff
READ ARTICLEBy Johnson & Phung | Patent & Trademark Law | St. Paul, MN | Updated September 2026 Direct Answer: If you are an inventor, entrepreneur, or small business owner, it is easy to see why the old “mail it to myself” idea sounds appealing. The concept seems simple: write down the invention, place the description […]
By Johnson & Phung PLLC | Patent & Trademark Lawyers | St. Paul, MN | Minneapolis, MN Updated September 2026 __________________________________ Table of Contents 1. Introduction 2. Overview of the Patent Application Process 3. Step‑by‑Step Breakdown (With Images) 4. Minnesota‑Based Examples 5. Frequently Asked Questions 6. Conclusion __________________________________ 1. Introduction For inventors, entrepreneurs, and startups, […]
By Johnson & Phung PLLC | Patent & Trademark Lawyers | St. Paul, MN | Minneapolis, MN Updated September 2026 Direct Answer: For many inventors and business owners, receiving a granted U.S. patent feels like the finish line. In reality, it is only the beginning of the patent’s life cycle. Patent annuities—also known as maintenance […]
By Johnson & Phung PLLC | Patent & Trademark Lawyers | St. Paul, MN | Minneapolis, MN Updated September 2026 Direct Answer: Patent claims are the heart of a patent. While the rest of a patent application explains how an invention works, the claims define the legal boundaries of what the inventor owns. In practical […]
By Johnson & Phung PLLC | Patent & Trademark Lawyers | St. Paul, MN | Minneapolis, MN Updated September 2026 Direct Answer: Patent drawings, also known as patent figures, are one of the most important parts of a strong patent application. While the written description explains the invention in words, the drawings show how the […]
By Johnson & Phung PLLC | Patent & Trademark Lawyers | St. Paul, MN | Minneapolis, MN Updated September 2026 Direct Answer: A provisional patent application, often called a PPA, is one of the most useful early tools available to inventors, startups, engineers, and creators who want to protect an invention before filing a full […]
By Johnson & Phung PLLC | Patent & Trademark Lawyers | St. Paul, MN | Minneapolis, MN Updated September 2026 Direct Answer: A product’s appearance can be one of its most valuable assets. When customers recognize a product by its shape, packaging, surface design, or overall look, that visual identity can help build trust, strengthen […]
What Are the Different Types of Patents: Utility Patents, Design Patents, and Plant Patents?
By Staff
READ ARTICLEBy Johnson & Phung PLLC | Patent & Trademark Lawyers | St. Paul, MN | Minneapolis, MN Updated September 2026 Direct Answer A patent is a legal protection granted by the U.S. Patent & Trademark Office (USPTO) that gives an inventor exclusive rights to make, use, and sell an invention. In the United States, there […]
By Johnson & Phung PLLC | Patent & Trademark Lawyers | St. Paul, MN | Minneapolis, MN Updated September 2026 Direct Answer: Understanding the different types of patents is an important first step for inventors, entrepreneurs, and growing businesses that want to protect their ideas. Whether you are developing a new medical device, refining the […]
By Johnson & Phung | Patent & Trademark Law | St. Paul, MN | Updated September 2026 Direct Answer: No, you do not need a working prototype to file a patent application. Under U.S. patent law, the focus is on the quality of the written disclosure, not on whether a physical product already exists. A […]
Do I Need to Have the Invention Made or Developed Before Filing for the Patent Application?
By Staff
READ ARTICLEBy Johnson & Phung | Patent & Trademark Law | St. Paul, MN | Updated September 2026 Direct Answer: You do not need to have your invention fully made, built, manufactured, or commercially developed before filing a patent application. Under U.S. patent law, the key requirement is that the application contains a complete written description […]
Do I need to wait until a patent is granted before I start using my invention commercially?
By Staff
READ ARTICLEBy Johnson & Phung | Patent & Trademark Law | St. Paul, MN | Updated September 2026 Direct Answer: No, you do not need to wait until your patent is granted before commercially using, selling, or licensing your invention. In the United States, including Minnesota, inventors can begin commercial activity after filing a patent application. […]
By Johnson & Phung | Patent & Trademark Law | St. Paul, MN | Updated September 2026 Direct Answer: Yes — you still need a patent attorney, even with advanced AI tools. AI can help organize thoughts, summarize technical details, suggest wording, and prepare early drafts, but patent law requires far more than simply explaining […]
By Johnson & Phung | Patent & Trademark Law | St. Paul, MN | Updated September 2026 Direct Answer: If you have received a patent—or are thinking about applying for one—it is natural to assume that the patent gives you permission to start selling your invention right away. In reality, patent rights and market rights […]
By Johnson & Phung | Patent & Trademark Law | St. Paul, MN | Updated September 2026 Direct Answer: A poor man’s patent may sound like a simple way to protect an invention, but it does not provide any patent protection under U.S. law. The idea usually involves mailing yourself a description of your invention […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated September 2026 Direct Answer Yes—you can trademark a name someone already uses, but only if that other party’s use does not give them legal priority over your rights. In the United States, trademark rights are generally based on first […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated September 2026 Direct Answer: Yes — you can still obtain a U.S. patent even if you are not a U.S. citizen or resident. U.S. patent law allows any inventor, regardless of nationality, immigration status, or physical location, to file […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated September 2026 Direct answer Yes, you can sell your idea without a patent, but you need to protect yourself before sharing it. In Minnesota and across the United States, ideas by themselves are generally not treated as owned property […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated September 2026 Short answer: You cannot obtain a single “worldwide patent.” Patent rights are territorial, which means protection must be pursued country by country, or through regional patent systems where available. However, inventors can use coordinated international filing tools, […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated August 2026 Table of Contents ________________ 1. Short answer: Yes—but only in certain ways. While you generally cannot extend the official legal term of a utility patent beyond 20 years from its filing date (or 15 years for a […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul MN | Updated September 2026 Direct Answer A patent office action is an official written communication from the United States Patent & Trademark Office (USPTO) explaining issues, objections, or rejections in a patent application that must be addressed before the application can […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul MN | Updated August 2026 IntroductionFor patent owners, getting a patent issued is only part of the journey. To keep a granted U.S. utility patent active, the owner must continue paying required maintenance fees to the United States Patent and Trademark Office […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul & Coon Rapids, MN | Updated May 2026 Navigating trademark registration requires a clear understanding of exactly what you are trying to protect. A brand’s identity is built on two distinct pillars: its textual name and its visual graphics. When applying for federal brand protection […]
Johnson and Phung PLLCPatent and Trademark attorneysGeneral patent and trademark Information ________________________________ (1) When Do You Need a Federal Trademark?(2) Does Registering a Business Name with the State Give You Trademark Protection?(3) Benefits of Federal Trademark Registration(4) When Should You Apply for a Trademark?(5) The Federal Trademark Application Process(6) Trademark Publication and Opposition Period(7) Trademark […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul & Coon Rapids, MN | Updated June 2026 A trademark office is the official government entity responsible for reviewing, registering, and maintaining intellectual property assets. In the United States, this role is filled by the United States Patent and Trademark Office (USPTO). During the […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated May 2026 Protecting your brand goes beyond just picking a name or filing paperwork; it requires proper visual notice. Misusing trademark symbols can severely weaken your brand's legal standing or even expose your business to allegations of federal fraud. […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated May 2026 Product aesthetics drive consumer choice just as much as functional capabilities. If a competitor copies the distinct look and feel of your innovation, they can steal your market share without violating a single functional claim. A design […]
Protecting Your Brand, Business Name, Logo, Podcast, and Online Identity By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated May 2026 Businesses today compete not only locally, but nationally and globally online. A strong trademark helps protect your business identity, customer goodwill, reputation, and long-term growth. Whether you […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated May 2026 Temu has become one of the most discussed platforms in brand protection — both for its explosive growth and for the counterfeiting concerns that have followed it. Temu and Shein have faced increased attention and government scrutiny […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated May 2026 Building a recognizable brand represents one of the largest investments a business can make. However, without formal federal protection, that brand value remains incredibly vulnerable. A federal trademark application with the United States Patent and Trademark Office […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated May 2026 Relying solely on common law trademark protection puts your brand at significant geographic and legal risk. While using a business name, logo, or slogan in commerce automatically grants you local unregistered rights, this protection is strictly confined to […]
E-Commerce Brand Registry Comparison: Protecting Your IP on Amazon, Walmart, and TikTok
By Staff
READ ARTICLEBy Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated May 2026 Building a successful e-commerce brand takes years of hard work, but it only takes a few algorithmic seconds for a counterfeit listing or an unauthorized reseller to damage your reputation. As multi-channel selling becomes the standard for […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated May 2026 Amazon Brand Registry is a free program that gives brands control over how their products appear on Amazon. It protects your intellectual property, blocks counterfeits, and stops listing hijackers from changing your product details.  More than […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul & Coon Rapids, MN | Updated May 2026 Protecting intellectual property requires deploying the right tool for the right asset. Patents protect inventions and functional designs; trademarks protect brand identities and source identifiers; copyrights protect original creative expressions. Failing to use the […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated May 2026 If you are operating a business in the United States, you technically do not need to register your trademark with the United States Patent and Trademark Office (USPTO) to establish legal rights. The moment you begin selling […]
By Johnson & Phung PLLC | Patent & Trademark Law | St. Paul, MN | Updated May 2026 Forming a legal entity handles corporate administrative compliance, while registering a trademark secures your intellectual property assets. Conflating the two can lead to severe legal exposure, including unintentional infringement lawsuits and forced rebrandings. 1. What is the […]
Minnesota Trademark Renewal Requirements To renew a trademark or service mark in Minnesota, file a renewal with the Minnesota Secretary of State during the six months before the registration expires, include the required registration details, and pay the filing fee. A Minnesota trademark registration stays valid for 10 years from the original filing date, and […]
Did you know? When acquiring a Trademark application, you are required to list the classification number that you intend to defend your Trademark or service under. The classification number can be listed on line four of the application form. Each application can only include one classification number. If you have more than one classification number, […]
State Trademark and Service Mark Guide Johnson and Phung PLLCPatent and Trademark attorneysGeneral patent and trademark Information If you want to register a trademark in Minnesota, you must file with the Minnesota Secretary of State and show that your mark is already being used in commerce in Minnesota. A Minnesota trademark or service mark registration […]
Johnson and Phung PLLCPatent and Trademark attorneysGeneral patent and trademark Information ______________ Topic CoveredA. Service Mark vs TrademarkB. Examples of Well-Known Service MarksC. Examples of Well-Known TrademarksD. Are there situations where you can have both a trademark and a service mark?E. The Service Mark SymbolF. Federal Registration: Trademark vs. Service MarkG. Conclusion______________ Note that the […]
Johnson and Phung PLLCPatent and Trademark attorneysGeneral patent and trademark Information Topics Covered A. What Are Patent Lawyers?B. Things that may be trademarkedC. Things that may not be trademarkedD. How to obtain a TrademarkE. Different Trademark Symbols Explained Trademarks are vital for protecting your brand and distinguishing the goods and services that you offer or […]
Johnson and Phung PLLCPatent and Trademark attorneysGeneral patent and trademark Information Topics Covered A. What Are Patent Lawyers?B. Do You Need a Patent Lawyer to Apply for a Patent?C. When to Consult a Patent Lawyer:D. Value Your Idea:E. Act Quickly: F. Keep Records: If you've come up with a new and valuable invention, it's important […]
A trademark is a legal tool that helps protect a company's brand and its unique identifier, such as its name, symbol, or logo. This can be crucial for businesses to differentiate themselves from their competitors and to establish brand recognition and loyalty with their customers. A trademark can also include sounds, colors, and even shapes, […]
Johnson and Phung PLLCPatent and Trademark attorneysGeneral patent and trademark Information ______________ Topic Covered1. Federally registering a trademark provides more geographic trademark protection.2. Federally registering a trademark provides ability to sue in federal court3. Federally registering a trademark provides notice to others that you own the trademark4. Federally registering a trademark provides Trademark Proof of […]
Johnson and Phung PLLCPatent and Trademark attorneysGeneral patent and trademark Information ______________ Topic Covered1. Should a business make use of Trademark and Copyright Symbolsa. Using trademark symbols and copyright symbols provides proper noticeb. Using trademark symbols and copyright symbols creates professionalism 2. How to Make use of the Marksa. Use trademark and copyright symbols in […]
Johnson and Phung PLLCPatent and Trademark attorneysGeneral patent and trademark Information The Minnesota Secretary of State’s Office requires you to list the classification number that you would like to protect your State Trademark or service trademark under. This trademark classification information should be filled out on line 4 of the state trademark application form. Please […]
Johnson and Phung PLLCPatent and Trademark attorneysGeneral patent and trademark Information Trademarks and service marks are visual symbols of your business. Registering your trademark or service mark with the Minnesota Secretary of State Office functions to ensure it is officially recognized by the State of Minnesota. Minnesota applications for state Trademark registrations are only accepted […]
Johnson and Phung PLLCPatent and Trademark attorneysGeneral patent and trademark Information Topic Covered A. Type of trademark rightsB. Common law trademark rightsC. Federal Statutory trademark rightsD. Advantages of obtaining a federal trademark registration E. “Incontestable rights” to Federal Statutory trademark Trademark rights are acquired in the United States through either (1) common law use of […]
WHAT TYPE OF TRADEMARK APPLICANT SHOULD I FILE? A. Design elements of a trademark B. Changes to the design elements of a trademark C. Various types of trademarks 1. Standard Character trademarks 2. Special Form trademarks E. Filing for a Logo Trademark Alone Trademark Application F. Filing for Logo Mark with Embedded Text Trademark Application […]
Performing your own trademark search. A. Can I Just Apply for a Mark With the USPTO?B. Trademark Search and Clearance C. Trademark Screening Searches D. Full Trademark Searches E. Trademark Search Investigation F. Trademark Clearance Legal Opinion Letter G. Are there any shortcuts to trademark searching?H. Is There Any Guarantee With Trademark Searches?I. What if […]
DETERMINING WHETHER YOU SHOULD FILE FOR A FEDERAL TRADEMARK A. When Do I Need a Trademark? B. Do I have trademark protection if I’ve already registered my company C. What are the benefits to registering a trademark D. When should you apply for a trademark E. The Trademark Application Process___________________________________________________ A. When Do I Need […]
A patentable novelty search (sometimes called patentability evaluation search) is for the sole purpose of determining your chances of obtaining a patent on your invention. A patent search may reveal that you cannot get a patent but even a favorable patent search will not guarantee that you can obtain a patent. The search is conducted […]
General Outline Of Filing A Foreign Patent Application Through The PCT (Paris Cooperation Treaty) Filing a foreign patent application can be an expensive and tricky proposition for many because generally it must be done within one (1) year from the date of the filing of a patent application in the United States. Not only does […]
In most cases after review the Patent Examiner will issue some sort of refusal or rejection of the patent application, which is usually referred to as an “office action” that must be responded to within a prescribe time period or else the patent application will become abandon.
Under U.S. patent law, damages resulting from a successful claim of patent infringement can only be recovered from the date that a patent holder gave infringers proper notice of the Patent. Traditionally, providing proper notice meant physically marking the article, such as through an engraving or molding process or labeling, with relevant, valid and unexpired […]