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Can Trademarks Help Protect NFTs?   In the past few years, non-fungible tokens (NFTs) have become a popular investment product. NFTs are cryptographic assets found in blockchains. Many people have purchased NFTs in the hopes that their value will increase or remain high. But, for something like an NFT to be valuable, it must be protected from unauthorized reproduction. Trademarks are a valuable strategy for protecting brand names, slogans, and logos. Trademarks are also used in the same way to protect NFTs from unauthorized use of reproduction. Trademarks are names, phrases, words, designs, or other defined items that establish the…

There are many different types of intellectual property, and it can be confusing to understand the difference between them. In this blog post, we will discuss the difference between a patent and a trademark. Both of these are important forms of intellectual property protection, but they offer different levels of protection and serve different purposes. If you are in need of a patent lawyer in Los Angeles to assist with either a patent or a trademark, please contact Omni Legal Group for a consultation.   What is a Patent? A patent is a form of intellectual property protection that is…

Patents provide a designated period of time where you get “control” over your invention. The way patents operate is that it gives you a legal recourse if a competitor attempts to utilize elements of your patent. This resource is a type of intellectual property right that gives you as the inventor a legal right to your ability to profit from your intervention. A patent provides the exclusive access and rights to your invention including the design, invention itself, and the process of creating the invention in exchange for complete disclosure of your invention. Obtaining a patent protects you from any…

U.S. patent law dictates that an inventor must file a complete patent application within the first year of public use or disclosure of your patent or within one year of your very first offer to sell your patent.   Patent attorneys help businesses and individual inventors through the very complicated and convoluted process of securing a patent for an invention and enforce the rights of your patent if they were to be challenged or violated.   The purpose of filing a patent is to ensure your right to prevent anyone from selling the same product or benefiting indirectly from a…

How to Navigate Class Selection in a Trademark Application Registering a trademark can be a difficult and stressful process. Why? Because one of the key aspects of the trademark application process is selecting the correct “class” for your trademark. There are 45 classes in total, and it is up to you, the applicant, to select the right one. The class selection process may be intimidating, as each class relates to a specific type of good or service. However, there are often ambiguities and misinterpretations of what good or service should fall into which class. This is where the counsel and…

Common Law Rights in Trademark Approval Many prospective trademark applicants wrongly assume that the Examining Attorneys at the Trademark Office, when conducting trademark searches for the applicant’s proposed mark, will search common law rights (i.e., use rights and unregistered rights) along with the registered and pending marks. The Examining Attorneys at the USPTO lack the resources to conduct common law searches. As a result, when an applicant fails to conduct a comprehensive search prior to filing for a trademark, you could wind up investing time and resources to register the trademark at the federal level, but that mark may still…