When applying to register a trademark with services listed in the trademark application with the U.S. Patent and Trademark Office (USPTO), it's essential to submit a specimen that demonstrates how your mark is used in commerce. Unlike trademarks for goods, service marks identify the source of services, such as consulting, legal advice, or cleaning services. An acceptable … [Read more...]
What Is an Acceptable Specimen for Goods recited in a Trademark Application?
When applying to register a trademark with the U.S. Patent and Trademark Office (USPTO), one of the most important requirements is submitting a specimen—a real-world example that shows how your mark is actually used in commerce. This article focuses specifically on acceptable specimens for trademarks used with goods, not service marks. For information on acceptable specimens … [Read more...]
Trademark Registration Renewals in the U.S. and Internationally
After registering your trademark, the trademark registration needs to be renewed to keep it registered. Otherwise, your trademark will expire. You will lose your trademark rights, opening the door for others to steal the mark away from you. This guide outlines the renewal process in the U.S. and internationally. U.S. Trademark Renewals In the U.S., trademark registrations … [Read more...]
Understanding and Responding to Obviousness Rejections in Patent Prosecution
An obviousness rejection is a determination by a patent examiner that a claimed invention is not patentable because it would have been obvious to combine two or more prior art references together. See Manual of Patent Examining Procedure (MPEP) § 2141. The Low Bar for Obviousness Rejections Rejections based on obviousness is a very low bar for the patent examiner to make. … [Read more...]
Understanding Anticipation in Patent Law
Patent attorneys are notorious for using archaic and overly technical language. While efforts are underway to modernize patent jargon, some of the old terminology remains entrenched, and certain attorneys still insist on using it. This can make understanding patent law unnecessarily complicated for inventors and business owners. One such term is "anticipation." What Does … [Read more...]
Submitting a Notice of Patent Infringement Against an ASIN on Amazon
If you are a patent owner and have identified a product on Amazon that infringes on your intellectual property, you have the right to take action by submitting a Notice of Patent Infringement with Amazon. You can only seek to take down the infringing ASIN. You cannot seek money damages through Amazon but if a substantial amount of infringement occurs on Amazon, taking the ASIN … [Read more...]
How to Report Copyright Infringement on Amazon
If you find someone infringing your copyright on Amazon—such as unauthorized use of your photographs, textual descriptions, or other creative works—you can file a DMCA takedown notice to have the infringing content removed. Filing a DMCA notice ensures Amazon responds promptly to your complaint. They are motivated to comply because failure to do means that they can not avoid … [Read more...]
How to Report an ASIN Infringing on Your Trademark?
Trademarks are infringed on Amazon.com everyday. It's your responsibility as a trademark owner to police Amazon.com and ask that ASINs infringing on your trademark be taken down. They can undermine your brand’s reputation, confuse customers, and most importantly make you lose a sale. This guide walks you through an analysis of trademark infringement, saving critical evidence, … [Read more...]