Can the Office refuse to register a mark? Yes! The Office will refuse to register matter if it does not function as a trademark. Not all words, names, symbols, or devices function as trademarks. For example matter which is merely the generic name of the goods on which it is used cannot be registered. Additionally, […]
Patents
Intellectual Property Rights and Common Law
What are common law rights? Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use […]
Copyrights, Patents, and Trademarks — Oh MY!
The Patents and Trademarks registration process refers to a specimen. What exactly is a specimen? A specimen is a real-world example of how the mark is actually used on the goods or in the offer of services. Labels, tags, or containers for the goods are considered to be acceptable specimens of use for a trademark. […]
Copyrights, Patents, and Trademarks
Protecting your Ideas or Inventions From Others’ Infringement What is a copyright? The owner of a registered copyright enjoys the ability of blocking the unauthorized copying or public performance of a work protected by copyright. Depending on how old a work is, whether or not copyright was renewed, when the work was published (if at […]