By: Thomas L. Sica It should go without saying that a trademark applicant cannot register a trademark that is identical to a previously-registered trademark for the same goods and/or services. However, it becomes a more difficult analysis when composite marks are involved which are only identical in part, especially when the common element of the…
By: Jake M. Goldsmith The legalization and decriminalization of cannabis for medical and recreational uses has continued to expand across the United States in recent years. As of the date of this publication, 38 states now permit medical use of cannabis, and recreational use has been legalized in 23 states and the District of Columbia….
By: Trent L. Rector As a business owner you may occasionally rent your business for private or public events. In the case of a restaurant or bar you may also serve food and beverages during these events. Today nearly anyone can connect their phone or laptop to a large monitor to display a video or…
By: Rachel L. Pearlman When the Supreme Court eliminated the “teaching-suggestion-motivation” test in KSR International Co. v. Teleflex Inc., it also eliminated the certainty regarding what is obvious and what is not obvious. This issue is particularly prevalent when an Examiner pens an Office Action that combines 6-8 references and uses this combination to reject…
By: Stephen P. Scuderi Under U.S. law (i.e., 37 CFR § 1.56) each and every individual associated with the filing and prosecution of a patent application has a duty of candor and good faith in dealing with the United States Patent and Trademark Office (USPTO). This includes a duty to disclose to the USPTO all…
By: Arjay Parhar Image generation is one of the most popular AI tools. By exponentially lowering the requisite skill, high-quality content can now be generated remarkably quickly. Last Week Tonight perfectly showcased the ease, power, and creativity of AI generated images by showcasing host John Oliver’s passionate yet mariticidal affair with a cabbage, all generated…
By: Christina E. Brule The United States Patent and Trademark Office (“USPTO”) launched the First-Time Filer Expedited Examination Pilot Program (“Program”) on March 9, 2023. The Program is one of several initiatives developed by the USPTO and its Council for Inclusive Innovation (“CI2”) to promote diversity within the innovation ecosystem. Generally, under normal examination, non-provisional…
By: Jake M. Goldsmith Just before the New Year, President Biden signed into law the Unleashing American Innovators Act of 2022 (the “Act”), with the goal of addressing disparities in the U.S. patent system and expanding access to patents among underrepresented communities. The Act modifies the responsibilities of the USPTO to maintain and establish satellite…
By: Thomas Sica Business is becoming an increasingly global venture. With that, American businesses with trademarks in the global marketplace would be adept to enforce their intellectual property rights against infringement around the world. In recent years, many foreign companies have been taking American-owned trademarks and using, or even registering, them on similar or identical…
By: Stephen P. Scuderi Generally, the United States Patent and Trademark Office (USPTO) takes about 24 months to make a final decision on the approval of a patent application. Much of this time is due to the long queue that an application must get through prior to being examined by a patent examiner at the…