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A Guide to Acceptable Specimens To register a trademark, the USPTO requires proof of real-world use—how customers actually encounter your brand when buying whatever it is that you’re selling. This proof is called a specimen of use and it’s essential to getting your trademark registered. Submitting a strong specimen helps ensure your trademark moves through…
The top entry on our list of hottest subject matter areas for patent coverage will come as no surprise. AI and software are absolutely everywhere right now and while the rules can be complex, many of these innovations do qualify for patent protection—with the right approach. Start With the Statute Patent eligibility in the U.S….
Technically, no—but that doesn’t mean you’re out of options if you’re gearing up to launch. In the United States, a trademark must be “used in commerce” before it can be officially registered. This requirement actually comes from Article 1, § 8 of the U.S. Constitution, which gives Congress the power to regulate interstate commerce. (Patents…
BY DAVID A. BOAG | BOAG LAW, PLLC So, you’re ready to patent your invention. You already know you must act quickly to hold onto your rights. But then what? This guide will help you maximize your chances of filing a useful, grantable patent application with the United States Patent and Trade Office (USPTO) while saving as…
BY DAVID A. BOAG | BOAG LAW, PLLC Trademark scams have been around for years. The classic scam goes like this: A third-party mines the public trademark application database and contacts scores of trademark applicants directly, requesting payment for some fee or service that isn’t actually necessary. This scam is so widespread that the USPTO has…
BY DAVID A. BOAG | BOAG LAW, PLLC Securing a patent for your new idea can be a long game. Applicants can expect to wait 20 months or longer before an examiner reviews the application. The reason is simply one of numbers. A staff of about 8,176 examiners are tasked with examining a backlog running 765,000…
BY DAVID A. BOAG | BOAG LAW, PLLC On November 23, the curtain went down on TESS, the USPTO’s trademark search system that had served trademark searchers since roughly 2000. In its place comes a supercharged replacement. This article is a crash course in the USPTO’s new replacement to TESS (official name to be determined so…
You may be familiar with intellectual property law fundamentals, which encourage innovation and creativity by giving creators exclusive rights. While you may think that all IP laws fall under federal jurisdiction, that might not always be the case. In the event of an issue, do you take your case to the federal or state courts?…
Logos are important for representing companies and brands in the world of intellectual property. Out of all the various symbols and icons used to protect, the R circle logo is very important. If you have questions about this logo, we have the answers for you. The Importance of the R Circle Logo The R circle…
With the rise of technology, protecting intellectual property (IP) has become more challenging due to digital advancements. By understanding these challenges, individuals and businesses can protect their IP rights in the digital age. Online Copyright Infringement In today’s world, protecting copyright has become a critical concern due to the ease of sharing and distributing digital…
As an innovator or proprietor of unique works, you need to understand the workings of licensing rights and royalties in intellectual property. With this knowledge, you can expand your market reach with your creations. Let’s explore how licensing rights and royalties affect intellectual property holders. What Are Licensing Rights? Licensing is the authorized use of…
Craig and Attorney David Boag discuss copyright, trademark, and other intellectual property things for content creators, such as podcasters and those with youtube channels, need to consider when choosing names, logos, protecting content, and not infringing on other people’s content. David’s firm is in New York, New York, but because intellectual property matters are generally…
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