You will hear many patent practitioners tell you against DIY if not all. And there are many good reasons. However, if you are in a situation where you simply cannot justify spending legal fees, you should be able to file an application yourself if you have enough time. First of all, what is patent? Patent… Continue reading How to File a Patent Yourself
Nowadays, in addition to “maker” and “brand”, “product name” is increasingly used as a trademark. There are simply so many product types and variations. Take a look at an example below: GREEN CLEAN is a product name of a cleanser from Farmacy Beauty. My impress is that it is something that naturally cleans your skin.… Continue reading Promotional Phrases as Trademark
Amazon Brand Registry is one of the strongest Amazon selling tools as a seller can control the entirety of Amazon listings for all products associated with a brand. It’s a free service for a seller who owns a UPSTO registered trademark. As Amazon Brand Registry is a private program ran and controlled solely by Amazon,… Continue reading Amazon Brand Registry related FAQ
Businesses move. And their trademarks should come along. Unfortunately, changing your address on your trademark registration(s) (also in your application(s) if it has not been registered) is not as straightforward as changing your profile on Facebook.
Amazon’s IP Accelerator Program (hereinafter “IPAP”) allows sellers to use Amazon Brand Registry as soon as they file for a trademark application with the USPTO. Typically, registration takes 6-9 months, so this is an exciting program for Amazon sellers.
If you’ve reached this article, you’re very likely mindful about those dubious online trademark services. They’re low cost, and they tend to have bad reviews on online communities like BBB and Yelp. Well, I’m not surprised. I’ve recently had a client who was charged for two international classes ($500 in USPTO fees), but for only… Continue reading How IPfever works: the Real Cost of Getting a Trademark
There are good reasons you should stick to the Trademark ID Manual when you describe your goods and services in your trademark application. Picking one outside Trademark ID Manual not only cost you more but also may delay the registration process. Why is the description important? First, you need to understand there are two different… Continue reading Acceptable identifications of goods and services
Young Jeon, JD has a BS in biotechnology, passed Fundamentals of Engineering exam, and registered with the United States Patent and Trademark Office as a patent attorney. At IPfever, he’s helped many inventors and innovative businesses to obtain patents and trademarks and drafted applications in a broad technological spectrum, including mechanical and computer science. With… Continue reading Licensed Attorney Volunteer
Class 1 Chemicals for use in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; fire extinguishing and fire prevention compositions; tempering and soldering preparations; substances for tanning animal skins and hides; adhesives for use in industry; putties and other paste fillers; compost, manures, fertilizers; biological preparations… Continue reading TM Int. Classes (11-2018)
Let’s talk about filing a TM application without any help first. There is no doubt that any US person, including legal entity having address in the U.S., can file a trademark application without absolutely no help.
Obviousness is a very common reason for rejection. A grant of patent without a single rejection is quite uncommon. One of the reason is that most applicants want to claim broadest possible for the greatest protection of law. Broadening the scope of claims. To maximize the scope of your claim, you don’t want to include unnecessary details in your claim.… Continue reading Patent Obviousness Rejection Explained
Patent Specification in your application is the body of your application. Your patent claims will be read in the context of the specification. Therefore, the specification should include all the information necessary to figure out what you claimed in your patent claim(s). Roughly speaking, it should be an all-inclusive manual for your invention. It’s part of the deal you’re making with the… Continue reading How to Write a Patent Application: Specification
Patent claim in your application defines your invention. And it will determine the scope of your legal rights. In other words, it will tell the others what can be done and cannot be done without infringing your patent right. Read the claims written by professionals. By the time you start drafting your application, you probably read at least a number… Continue reading How to Write a Patent Application: Claims
It doesn’t have to be so expensive. It’s just that the law firms, boutiques, or their likes practicing patent law are focused on serving bigger mostly corporate clients rather than individual inventors. When it comes to an invention which is more about an idea and less about technology, you don’t need PhDs spending hours reviewing… Continue reading Why getting patent so expensive?
Actually there are more than one type of patent. There’s utility patent, which is basically what you think patent is. And there’s design patent, which is somewhat unpopular but got the attention when Apple sued Samsung for infringing its design patent. These two types likely cover all your needs. If you want to protect the… Continue reading Utility vs. Design Patent
You found nothing like yours in your Google Patents search, and you might feel ready to patent your new idea. It’s not that simple. First, your invention should be new in a sense that people don’t know it yet. Even if nobody really patented an idea, the idea might be known to many as a… Continue reading What can be patented?
Maintaining registration calls for both administrative and executive action. Administratively, you need to file with the USPTO a showing that you’re still using the mark after 5 years of the registration, and every 10 years, you need to file a request for renewal. On the business side, you must continue using your mark at all times, even after the registration. This requirement… Continue reading Trademark Maintenance: does trademark registration expire?
By carefully filling out all the required blanks and agreeing to go paperless in communicating with the USPTO, you can reduce your application fees from $325 to $225 (TEAS plus). TEAS RF Standard allows you to enter goods/services description in your own words for a slightly heftier fee, but it is not recommended if you want the examination process… Continue reading TEAS Plus vs. Standard Explained
Patent clearance search is called a Freedom-To-Operate opinion because it reveals others’ patents that are blocking your way. It requires searching and analyzing patent documents in the country where you do business. Even if you invent something new, it is often based on other’s previous works. For example, you get a patent on a new cap design for plastic bottles, which… Continue reading Patent Infringement: Clearance Search Explained
Patent is an expensive but smart way to protect your business. Getting a patent is not a quick and easy process. It usually takes years of prosecution (though you can claim “patent pending” from the moment you file the application) and thousands of dollars. However, the reward is a government sanctioned monopoly. Yes, MONOPOLY. Patent is a deal you make… Continue reading Patent: what is it?
Clearance Search It is absolutely necessary to find out if there is anyone using your mark prior to your use. A clearance search is often performed through proprietary services, which often search not only state and federal registrations but also common law trademarks. Typically, a better service costs more; but depending on your situation a simple Google search… Continue reading Trademark Clearance Search
Getting a trademark, you can either “do it yourself” or hire a professionals. DIY option describes not only filing directly via TEAS at USPTO.gov but also using commercial services under $100. Let’s compare these two options. Do it yourself Professional Help Mark Your choice of wording and design Likely a better wording and design Registration online trademark search/registration via… Continue reading Trademark Registration: do I need to hire an attorney?
There are mainly two types of trademark, a standard one and a stylized one. A standard one (called a standard character mark) establishes your trademark rights to the written words of the mark whereas a stylized one (called a stylized/design mark) to the expression of the words in a certain way. For example, “Coca-Cola” is a brand name of a certain soda… Continue reading Standard Character mark v. Special Form mark
Office Action calls for a legal writing. When there is problem with your trademark application, the Office will issue an OA. There could be multiple instances of OA per application while many trademarks get registered without any. Sometimes, a simple change to your application can fix the problem, so the only thing you need to is agreeing… Continue reading Trademark Office Action: how to respond
Let’s take a look at an interesting story: By the time Apple Inc. debuted iPhone in January 2007, the prefix “i” had already become a thing of Apple. The inauguration of iMac series dates back in 1998. In 2003, iPod was a mega hit. Lesser known than Apple, however, there was a startup called InfoGear Technology Corporation, which developed an internet phone technology, called “iPhone.”