All Posts By

Omid Khalifeh

Aug 04
Filing Information Disclosure Statement

What is the best way to approach the required Information Disclosure Statement (IDS) when filing a patent application?

By Blog, Patent and Trademark No Comments

Filing an Information Disclosure Statement (IDS) When filing a patent application, you have a legal obligation to disclose all information known to you that is material to the “patentability” of your device, product, idea, etc. These disclosures must be formally conveyed to the U.S. Patent and Trademark Office (USPTO) in accordance with 35 C.F.R. §1.56. You may be asking, “what exactly constitutes material information for my patent application?” Well, the governing standard is that any information that a reasonable patent application examiner would consider important in assessing whether to grant the application is deemed to be material. It is also…

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Jul 28

Why is a trademark licensing agreement important for your business?

By Blog, Patent and Trademark No Comments

Helpful Tips for Drafting a Licensing Agreement When you register a trademark for your business, there is a crucial next step you need to be prepared to address – licensing the rights to that trademark so other individuals and companies collaborating with you to manufacture or sell your product featuring that mark are legally compliant. It is important to understand the impact of a trademark license agreement. If this agreement is detailed and well-crafted, it can play a big role in determining how much you, the owner of the trademark, will benefit financially from the commercial success of the product….

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Jul 21

What type of search should you conduct when considering applying for a patent?

By Blog, Patent and Trademark No Comments

Different Types of Patent Searches When an individual or business is looking to apply for a patent, they are usually surprised to discover the array of options that need to be analyzed in order to conduct a proper patent search. The reason there are multiple patent search options is because the scope of the search will be determined by the overarching reason for the search. Generally, there are four types of patent searches that can be conducted: Novelty (patentability) search Freedom to Operate (FTO) search Non-infringement search; and Validity search Let’s take a look at each… Novelty Search The most…

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Jul 14

How do you effectively protect your CBD business with a trademark?

By Blog, Trademarks No Comments

Cannabis-Based Businesses and Trademark Law Despite marijuana being legal in some form in 43 States and territories, there continues to be a prohibition on securing a federal trademark registration for any marijuana-based products. Why? Because marijuana remains a Schedule I drug under federal law. The conflict between the ever-growing number of state laws legalizing the sale and use of marijuana and cannabis-based products, and the archaic federal prohibition have created major issues for CBD business owners. This is because CBD products typically contain a certain amount of THC (the active ingredient in marijuana). As a result, a business selling CBD…

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Mar 03
Trademark Lawyer in Los Angeles

How do you effectively protect your trademark?

By Blog No Comments

How to Effectively Protect Your Trademark If you are a business with a registered trademark, it is important to understand that the trademark has value, both intrinsic and explicit. The trademark is a representation of your company’s brand and  can help distinguish you from the competition. This is why you need to be proactive and protect your trademark. There are specific legal rights inherent with a trademark that is registered with the U.S. Patent & Trademark Office. Here are some strategies to consider in order to effectively protect your trademark: 1. Register Your Trademark Internationally The protections afforded to trademark…

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Feb 24
Patent Attorney Los Angeles

What does patent due diligence entail?

By Blog No Comments

Patent Due Diligence The term “due diligence” is most often associated with mergers and acquisitions. However, there is a type of due diligence that can, and should, be conducted when it comes to patent management. Patent due diligence is considered to be the process of analyzing a patent or set of patents to support your overarching business objectives. Patent due diligence can take various forms, depending upon the circumstances in which the need for this type of analysis arises. For example, due diligence can be offensive or defensive. Offensive Patent Due Diligence Offensive due diligence can be done to help…

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Feb 17
Trademark Attorney Los Angeles

What changes to trademark prosecution and litigation were effectuated by the Trademark Modernization Act of 2020?

By Blog, Trademarks No Comments

Trademark Modernization Act of 2020 If you currently own a trademark, or have interest in applying for a trademark, it is important to gain a general understanding of a new federal law that was enacted at the tail end of 2020. The new law is the Trademark Modernization Act of 2020. Congress passed this legislation and the President signed it into law on December 27, 2020 as part of the Families First Coronavirus Response Act. There are an array of significant modifications and amendments made to the Trademark (Lanham) Act. Summary of Changes Below are some of the most significant…

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Feb 10
Trademark Attorney in Los Angeles

What Can Be Trademarked?

By Blog, Trademarks No Comments

When researching the trademark registration process, it is important to attain a general understanding of what should be trademarked and what can be trademarked. Why? Because if you are going to invest in a developing a portfolio of intellectual property, it makes sense for you to not waste your time and resources. This means conducting a level of due diligence so you can determine the aspect of your branding where a trademark registration would be worthwhile. Business Name Trademark In many instances, a great place to start your IP portfolio is trademarking the name of your business and/or your primary…

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Feb 03
Patent Lawyer in Los Angeles

Why is it important to properly prepare before filing a patent infringement lawsuit?

By Blog, Patent and Trademark No Comments

Proper Preparation is Key Before Taking Legal Action Filing a lawsuit that alleges patent infringement is a serious matter. The outcome of the legal action can have significant financial ramifications for both the prevailing party and the losing party. This is why proper preparation is absolutely critical. When a party fails to invest the time to properly prepare, there can be significant legal consequences and remedies that can be levied by a court. Recoverable Attorney Fees in “Exceptional” Cases According to 35 U.S.C. § 285, attorney fees can be awarded in “exceptional” patent infringement cases.  You may be asking yourself,…

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Jan 27
Trademark Lawyer in Los Angeles

What actions must be taken to secure a trademark application filing date?

By Blog, Trademarks No Comments

Securing a Trademark Application Filing Date When filing your trademark application, there are specific prerequisites you need to be prepared for and actions to take in order to secure the application filing date. Many people are surprised to discover that it is not always mandatory for you to pay an application fee to secure a trademark filing date (which is quite valuable for trademark priority rights). When completing a trademark application, you can access a list detailing the items required to complete a trademark application, along with a secondary list of items that are needed in order to secure a…

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