Omid Khalifeh, Author at Omni Legal Group Blog

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PATENT LAW: THE AMERICA INVENTS ACT – WHAT YOU SHOULD BE AWARE OF.

March 16 marked the day a series of new Patent Laws went into effect. Below is an explanation of some important changes that could potentially impact your business.

The United States used to be one of the only countries where the first person to invent was awarded the patent for that invention regardless of when they filed their application. That is no longer the case. Desiring to get the U.S. in line with the rest of the world and increase the efficiency of the patent process, the AIA made the U.S. a “first to file system.” The first person to file their patent application, regardless of when the idea was conceived is now entitled to 20 years of patent protection calculated from the filing date regardless of whether or not they thought up the invention first.

Furthermore, selling or offering to sell an invention in the U.S. starts a one year clock ticking within which you have to file a patent application or forfeit your patent rights. Under the AIA such an offer or sale outside the U.S. also begins the count down to when you must file. This further increases the importance of filing for your ideas prior to taking them to market.

With regard to Design Patents, the term has been extended an additional year to 15 years from the date of filing. There are many more and these are just a few of the ways the AIA has impacted the patent system. For specific questions regarding how your business could be affected, don’t hesitate to contact us directly.

TRADEMARKING THE OLYMPICS – WHAT YOU CAN LEARN FROM THE I.O.C.

As athletes from all around the planet strive for gold in London, there are a few lessons we can all learn about what it means to be an “Olympian.”All across the United Sates and the world, the term “Olympics” is one of the most aggressively protected trademarks. There is a lot to learn from the way the Olympic Committee protects their mark from dilution and infringement.

Recently, the Committee was criticized for demanding a British butcher to take down his sign depicting the Olympic Rings shaped from sausages. Also, the domain owner of Ravelympics.com was made to change it to Ravelry.com. And though such zealous tactics may seem extreme to some, this type of vigilance may be necessary to ensure a mark remains in force for millennia to come. Examples of marks losing their exclusive protection and becoming generic include Thermos, Xerox, and Kleenex. These all began as exclusive trademarks which can now be used by the general public do to a lack of proper TM enforcement.

Trademarks are an investment and you should treat them as such. Although your mark may not be steeped in as much tradition and history as the time honored games, there is only one way to ensure they one day will. Protect your marks from infringers and start by registering them in the countries where you do business. This will ensure that your brand remains yours alone. You are the gold standard for what you do, so make sure other’s don’t get a free ride with the good will and reputation your efforts built.

For more questions on how we can protect your mark or on other intellectual property related matters, please contact our ofﬁce or friend us on Facebook.