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Jul 14

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

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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?

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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?

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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?

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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?

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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?

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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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Jan 20
Patent Lawyer Beverly Hills

How are patent term adjustments calculated?

By Blog, Patent and Trademark No Comments

If you encounter a delay during a patent prosecution, you have the ability to seek a Patent Term Adjustment (PTA). If your PTA request is approved, you will receive an extension of time on the standard patent term. This type of extension is sought most often with products that have long regulatory approval lifecycles. A common example is a company that holds a patent on a pharmaceutical drug. The onus for offering PTAs in the United States can be traced back to the adoption of the General Agreement on Tariffs and Trade in 1995. The U.S. adopted GATT in an…

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Jan 06

How Effective is a Provisional Patent?

By Blog, Patent and Trademark No Comments

The process of filing the necessary paperwork and materials for a patent application is time-consuming and potentially labor intensive. When a company does not have the luxury of time on their side, they may consider filing a provisional application that enables the company to legally use the phrase “patent pending” for their intellectual property. A provisional patent enables you to establish an early filing date for your patent by supplying only basic information about your invention. For example, unlike non provisional patents, which require claims, when you file a provisional patent application, you only have to provide specifications on the…

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Dec 30

Is a Design Patent a Viable Option?

By Blog, Patent and Trademark No Comments

Should you pursue a design patent or a utility patent? Or should you pursue both? Which is the best choice to protect your intellectual property? These are important questions that needs to be answered early on in the process. Many professionals believe a utility patent is the better option, but there are actually a number of advantages associated with holding a design patent. What Exactly is a Design Patent? Many professionals and companies opt for utility patents since they generally protect the technical aspects and use of specific forms of intellectual property. In contrast, design patents focus on protecting the…

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