June 21st is International Yoga Day. In 2014, a UN declaration was issued with support by 177 nations who cosponsored the resolution (the highest number ever for any such measure). This year, 72 students and teachers have traveled to the United States from India and will be performing yogic exercises at the United Nations Headquarters to honor the occasion. #patent #namaste #omnilegalgroup #international #yoga #internationalyogaday
SUPREME COURT RULING: The Asian-American rock band originally denied registration for their band name The Slants prevails in their effort to gain U.S. trademark registration. They were originally denied by the U.S. Patent and Trademark Office (USPTO) for violating the disparagement clause of the Lanham Act. This part of the Trademark Act denies federal registrations for trademarks comprising immoral, deceptive or scandalous matter or that might disparage persons or groups or bring them into contempt or disrepute. In what is certain to be a controversial decision, the Supreme Court today found this to be a violation of free speech. This ruling will most certainly open the door for applicants seeking Federal protection for derogatory marks such as the Redskin football team who in 2014 had their trademarks cancelled for violating the disparagement clause. #trademarks #omnilegalgroup #SupremeCourt #USPTO #lanhamact #disparagementclause
Read MoreOn this day in 1777, the stars and stripes were adopted by the Second Continental Congress as the official Flag of the United States. This version of old glory has numerous legends tracing its origins with design credits being attributed to Francis Hopkinson and Betsy Ross. To this day, neither has been corroborated. In honor of Flag Day, we solute the inventors who have incorporate the stars and stripes into their patented designs. #patents #USPTO #flagday #america #oldglory#thestarsandstripes #omnilegalgroup
Summertime is upon us and people everywhere are getting ready to hit the beach. Pack up your picnic lunches, your volleyballs, your beach towels, but don’t forget your chair! Beach chairs make it so much more comfortable to sit in the sand and watch the waves roll in. You can get a beach chair that reclines, one that sits high, one that sits low, or one that lies flat so you can get an even tan. Today’s patent is from an early beach chair. This one featured a footrest and a built in shade. This patent doesn’t look all that different from chairs you can purchase today!
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Google has made it even easier for pro se inventors to conduct their own patent searches. The search giant has released information about their expanded database of patents beyond the United States Patent and Trademark Office. Now users can research patents in agencies including China, Germany, Canada, and the World Intellectual Property Organization (WIPO). This resource can be accessed at patents.google.com. This a good place for inventors to start learning about what patent applications look like before seeking the advice of a patent professional.
The gene patent dispute continues on both at home and abroad. Patents on genetic sequences have been a hotly contested part of United States patent law but we are not the only nation battling it out over isolated and purified sequences. Myriad Genetics recently came out victorious in an Australian court decision that recognized their ownership rights of gene linked to cancer. The victory was over Cancer Voices Australia and Yvonne D’Arcy, a Brisbane resident diagnosed with Breast cancer. “We intend to continue the challenge to the monopoly created by the patent held by Myriad,” Rebecca Gilsenan, a lawyer at Melbourne-based Maurice Blackburn, said in an e-mailed statement. Voice your opinion on this patent law issue below. And, as always, if you have any patent, trademark, copyright, or other intellectual property related questions, don’t hesitate to contact us at our Los Angeles or Beverly Hills Office by calling (310) 276-6664.
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.
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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.
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