According to the United States Patent and Trademark Office (USPTO), most applications for trademarks are successful. However, around 1-in-5 trademark applications get rejected annually. For those who spend significant time and resources applying for a trademark, that rejection ratio may seem shocking. Applicants must engage in a trademark search, clearance, and extensive paperwork. Below, we will discuss two of the most common reasons for trademark rejections. Probability of Confusion The likelihood of confusion may arise if your mark is not totally unique. Could your trademark be easily conflated with something else? If so, USPTO may reject your application. When you…
When an individual finds themselves languishing in the “patent pending” phase of the application process, they often ask, “why is this taking so long?” and “should I be concerned with the status of my application?” These are perfectly reasonable and important questions. The short answer is that you should not worry very much if you find yourself in the “patent pending” phase for several months or even years. Why? Because it is important to understand that the United States Patent and Trademark Office (USPTO) is an extremely busy government agency tasked with analyzing thousands of patent and trademark applications each…
The Importance of Trademark Registration When you decide to start a business, one of the things you consider is how to distinguish your business from other businesses offering the same goods or services as you do. You come up with a name that customers can remember and build up enough goodwill so that you are the first business they think of when they want the goods or service that you provide. You might be feeling content with your setup until you hear that there is another business with a similar mark offering the same goods and services. Now, you’re in…
Understanding the Differences Between a Patent and a Trademark When it comes to intellectual property law, one of the most common (and important) questions people ask is the difference between securing a patent and a trademark. The short answer is that a trademark can help protect your brand, while a patent will help protect your invention or innovation. Overview It is understandable to get confused about the differences between patents and trademarks since, at the end of the day, they are both intellectual property rights. Nevertheless, there are important differences that carry significant ramifications for the types of legal protections…
Securing a registered trademark carries an array of benefits for your business. For example, it can help promote your brand and provide important legal differentiation in the marketplace. In addition, a trademark can help protect your business from competitors and scammers trying to confuse customers with low-quality and knockoff goods and services. In many instances, a trademark is the best legal recourse available to business owners who want to maintain the very elements that identify their company in the marketplace. Common Law Trademark You may be surprised to discover that a trademark is not created the day you receive approval…
Patent Portfolio Review If your business currently holds U.S. patents and you are interested in exploring the possibility of patenting other ideas and innovations, it may be worthwhile to invest in a patent portfolio review. Why? Because a portfolio review provides a valuable overview of your current patents, what sectors those patents are focused on, and how much you have invested in those patents. Let’s begin… What Exactly is a Patent Portfolio? A patent portfolio typically encompasses the sum of issued patents, patent applications, and development ideas affiliated with your business. What Exactly is a Portfolio Review? A patent portfolio…
Influencers Beware: Those Hashtags Could Get You in Serious Trademark Trouble There is no denying the impact of social media on commerce and trade. Statista reports that digital advertising spending at US$380 billion in 2020, is projected to almost double that figure by 2024. Social media is an important part of brand communication for businesses. It is quick, interactive, accessible, and has global reach. These days, it is probably safe to say that a business’s marketing strategy for consumer goods is not complete without influencer marketing. Social media influencers leverage their power with their followers for the benefit of the…
Non-obvious Requirement for U.S. Patents You might be tempted to rush to the patent office when you have invented something new, but you should not be too quick to do so until you are sure that your invention meets all the requirements for patentability. To patent your new invention, the USPTO has five requirements. The invention must be patentable, useful, new, non-obvious, and adequately described or enabled so that a person of ordinary skill in the field can use the invention. In a world where it seems like every useful thing has been invented, it is always exciting when an…
Patents vs. Copyrights Most people have heard of patents, copyrights, and intellectual property. However, many are unsure of the legal distinctions between these types of ownership. It is important to know the difference between patents and copyrights in case you want to secure the legal rights to an idea. Some creative inventions require a patent lawyer. Other types of intellectual property necessitate a trademark attorney. A legal professional with experience in intellectual property law can help to ensure that your idea or invention is protected. What is Intellectual Property? The phrase “intellectual property” refers to any unique concept or idea…
The Interplay between Patents and Trade Secrets for Utilizing Artificial Intelligence When it comes to effectively protecting valuable technology and products based on artificial intelligence (“AI”), it is important to understand the complex interplay between patent law and trade secret law. There are advantages and potential pitfalls related to both patents and trade secret law. For example, trade secret law can offer protection where patent law does not, and vice versa. The Challenge is Securing an AI-based Patent It is commonly said that an invention is only as valuable as the patent that protects the invention. However, this old adage…







