December 26, 2018

Utilizing Examiner Interviews to Further Prosecution in Medical Device Patent Applications (Part 2 of 2)

An examiner’s interview can be immensely beneficial when working through patent prosecution at the USPTO for your medical device invention. But you are only going to get as much out of the interview as you are prepared to put into […]
December 14, 2018

How to Assess the Strength of a Trademark

Not all trademarks are eligible for registration with the United States Patent and Trademark Office (USPTO). In fact, the USPTO only reviews trademarks applications that are for distinctive trademarks. How distinctive a trademark is determined by whether the trademark is […]
March 1, 2018

What Is Inter Partes Review For Patents and Why Can It Be Useful?

The United States Patent and Trademark Office (USPTO) is not an infallible government entity, and from time to time the Patent Office might make a mistake by granting a patent in error. When this happens, while the patent holder might […]
February 8, 2018

Why Does the USPTO Want to Change the Rules for Trademark Interference?

On October 18, 2017, the United States Patent and Trademark Office (USPTO) published a notice to the Federal Register, titled, “Removal of Rules Governing Trademark Interferences.” In that notice, the USPTO outlined a series of updates to existing rules for […]
December 22, 2017

What Can I Do If the USPTO Denies My Trademark Application?

A division of the United States Patent and Trademark Office (USPTO), the Trademark Trial and Appeal Board (TTAB), reviews many legal disputes related to trademarks, including opposition, cancellation, interference, and concurrent use proceedings. When the USPTO provides a final rejection […]
November 29, 2017

IP and FDA Regulatory Strategies Often Go Hand-In-Hand

In the medical device industry, it is common for medical device companies to seek regulatory approval on new medical devices and innovations from the Food and Drug Administration (FDA) while simultaneously pursuing intellectual property protection. Since both processes can take […]
November 27, 2017

PTAB under fire at the Supreme Court

The Supreme Court will hear oral arguments in two separate cases today regarding the constitutionality of the Patent Trial and Appeal Board (PTAB) system within the U.S. Patent and Trademark Office (USPTO). One case challenges the constitutionality of the PTAB […]
November 15, 2017

NFL partially fails to challenge SUPERBOWL trademark

Although there is often significant overlap between the USPTO and the intellectual property offices of other countries, a recent UK Intellectual Property Office (IPO) decision highlights the geographic effects and protections afforded trademarks. The UK IPO granted in part and […]
August 2, 2017

Kim Kardashian Sued by Makeup Artist for Trademark Infringement

Another Kardashian trademark application is being challenged. After failing to prevent Kim Kardashian West’s “KKW” trademarks from being approved at the USPTO, Kirsten Kjaer Weis, a NYC based makeup artist who uses her initials, “KW,” in her business and to […]
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