Recent IP news and information from around the web: The Patent Reform Act of 2010 receives a favorable opinion and thorough analysis on Patent Baristas. Stephen Albainy-Jenei notes a number of critical features of the proposed bill, including authorization for the USPTO to set its own fees, a move to first-to-file, raising the bar for [...]
Renewal of Trademark Registrations A trademark registration expires after ten years. If you wish to keep your trademark registration active, you must file an Application for Renewal of your registration under § 9 (See TMEP § 1606 ) before the expiration of this ten year period. The window for filing this Renewal opens one year [...]
I recently filmed this video as a podcast for LegalRiver. It is a sequel to this video and addresses what you can do about cybersquatters once you discover that they have registered domain names similar to one of your trademarks, for example misspellings, typos, or corruptions of your business name. Dealing with Cyber Squatters from [...]
I recently filmed the following video with LegalRiver regarding what cybersquatting is and how it affects businesses with an Internet presence. This is the first of a two-part podcast. Cyber Squatting – Cliff Hyra from Legal River on Vimeo. Leave your comments and questions below.
When deciding whether to adopt a new trademark (brand or business name, logo, etc.), a primary consideration is what other businesses are using similar marks. You do not want to adopt a mark that will result in a costly legal confrontation. However, some businesses are much more likely to cause you problems than others. Evaluating [...]
So you have come up with a name for your new business or new product, and you love it. It is the perfect brand and trademark to propel your business to widespread success. But wisely, you have a trademark search conducted, and you find that you are not the first person to come up with [...]
In a recent blog post, Seth Godin seems to question whether trademarks, copyrights, and patents have value. He begins with the question “If we’re in the idea business, how to protect those ideas?” and ends with “Don’t.” Instead, he recommends, “spread them. Build a reputation as someone who creates great ideas.” Along the way, he [...]
I recently recorded the following video for Legal River concerning the basics of trademarks for business owners (and others!)
A trademark is anything used in commerce to distinguish the products or services of one company from those of others. Logos, brand names, and slogans are common examples of trademarks. Under U.S. law, trademark rights arise when the trademark is first used in commerce, and continue as long as the trademark continues to be used [...]
Cybersquatters In this post, I discuss how to deal with cybersquatters. Cybersquatters register domain names similar to a domain name or trademark of an established business for profit. They may profit by selling the domain name to the established business or, more commonly, by monetizing the traffic generated on the domain by the popularity of [...]