In order to perfect rights in a trademark application, the applicant must show that the trademark is being “Used in Commerce.” Use in Commerce means that the mark must be used in the sale or transport of goods or the rendering of services in “interstate” commerce. For goods, the mark must appear on the goods (e.g., tags or … Continue reading
This morning (July 27, 2012) independent inventors gathered for a round-table discussion, and breakfast, with Patent Office director, David Kappos. The event was organized by Patrick Raymond of the Inventor’s Association of Manhattan and hosted by Troutman Sanders LLP who also provided a delightful breakfast. Brian Fried of the Inventors and Entrepreneurs Club of Suffolk County led a contingent … Continue reading
Trademark Questions: What’s the Difference Between the Principal Register and the Supplemental Register?
The US trademark register has two sections: the Principal Register and the Supplemental Register. Most trademarks are registered in the Principal Register. The Supplemental register is used for non distinctive marks that may become distinctive (“acquire secondary meaning,”) but have not yet done so. What is secondary meaning? Secondary meaning, or “acquired distinctiveness,” is when a non-distinctive … Continue reading
A common question of inventors, developers and business owners is when to register a trademark. Many carry the misconception that it is not possible to register a trademark until the product or service is sold. Actually, it is proper to file a trademark application under two circumstances: Use In Commerce: The mark is being used … Continue reading
In short, a design patent covers the way something looks. The U.S.P.T.O. has this to say about design patents: “A design [patent] consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture. Since a design is manifested in appearance, the subject matter of a design patent application may relate to … Continue reading
In what promises to be the patent-trial-of-the-century, Apple and Samsung are slated to begin their courtroom circus on Monday. At issue are several utility and design patents that Apple has accused Samsung of deliberately infringing to get to the top of the digital device market (Samsung is now the world’s largest seller of smartphones.) During … Continue reading