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27 Nov 2023, 10:15 am by Alec Pronk
Elsewhere, the USPTO celebrates Hispanic innovators, discusses fashion and IP and continues its tutorial series on Patent Center. [read post]
27 Nov 2023, 9:50 am by bklemm@foley.com
Merck used the issue date of the original patent in its PTE calculations, and the USPTO awarded PTE accordingly. [read post]
27 Nov 2023, 8:07 am by Eric Goldman
(Note Brunetti later applied to register “FUCK” for various goods and retail store services, but the USPTO denied that application on failure to function grounds and rejected Brunetti’s argument that the Court’s First Amendment analysis in Tam and Brunetti required the USPTO to register this mark.) [read post]
27 Nov 2023, 7:32 am
The Board rendered a rare reversal of a failure-to-function refusal, finding the USPTO's evidence insufficient to establish that the phrase FOLLOW THE LEADER is incapable of serving as a source indicator for credit card incentive program, credit card financial, travel information, ticket reservation, travel advisory, salon and spa reservation, and concierge services. [read post]
21 Nov 2023, 8:27 am by Dennis Crouch
But at least the USPTO didn’t make the situation worse. [read post]
20 Nov 2023, 1:41 pm by Holly
We can help you manage the process before the USPTO and in federal court. [read post]
20 Nov 2023, 3:55 am
" The reexamination proceeding was terminated on January 6, 2023, the notice of termination stating that:Upon review of the evidence of record, the USPTO determined that registrant has demonstrated use of the mark in commerce for all goods, subject to the proceeding. 37 C.F.R. [read post]
17 Nov 2023, 2:17 pm by Erik J. Heels
All individuals covered by Rule 56 have a duty to disclose to the USPTO all material information they are aware of regardless of the source of or how they become aware of the information. [read post]
17 Nov 2023, 1:26 pm by Dennis Crouch
   The court also refused to call into question the USPTO’s “informational matter doctrine” — explaining that “[c]ontrary to GO’s position, nothing in the Lanham Act prohibits registration of a mark containing informational matter, so long as the mark also functions to identify a single commercial source. [read post]
17 Nov 2023, 1:11 pm by Scott Hervey and Eric Caligiuri
Elster to determine whether the USPTO’s refusal to register the trademark “Trump Too Small” violates the applicant’s First Amendment rights. [read post]
17 Nov 2023, 8:33 am by Dennis Crouch
Medtronic filed a pair of IPR petitions, asking the USPTO to cancel the claims. [read post]
16 Nov 2023, 6:55 pm by Dennis Crouch
In our 2010 article, Merges and I were particularly concerned about USPTO patent examiners being able to follow the atextual guidelines offered by Bilski, but the Patent Office also acted to create and then repeatedly modify its eligibility examination guidelines in a way that offered a straightforward path for non-lawyer examiners to substantially follow the law set out by the Court. [read post]
16 Nov 2023, 10:48 am by thomasgalvani
This isn’t because of their own fault, but because the USPTO is opening its doors too wide and without enough safeguards for the public. [read post]
15 Nov 2023, 5:14 pm by Dennis Crouch
I like what the USPTO has done here. [read post]
15 Nov 2023, 1:15 pm by Eileen McDermott
Patent and Trademark Office (USPTO) today announced that a final rule will be published tomorrow, November 16, in the Federal Register implementing a design patent practitioner bar. [read post]
15 Nov 2023, 1:15 pm by Eileen McDermott
Patent and Trademark Office (USPTO) today announced that a final rule will be published tomorrow, November 16, in the Federal Register implementing a design patent practitioner bar. [read post]
15 Nov 2023, 12:15 pm by Eileen McDermott
Patent and Trademark Office (USPTO) Director Kathi Vidal today designated as precedential a Patent Trial and Appeal Board (PTAB) decision from March of this year that held a precedential U.S. [read post]
15 Nov 2023, 12:15 pm by Eileen McDermott
Patent and Trademark Office (USPTO) Director Kathi Vidal today designated as precedential a Patent Trial and Appeal Board (PTAB) decision from March of this year that held a precedential U.S. [read post]
15 Nov 2023, 10:15 am by Donald Heckenberg
Most patent prosecutors err on the side of caution when deciding whether to cite prior art references to the United States Patent and Trademark Office (USPTO). [read post]
15 Nov 2023, 10:15 am by Donald Heckenberg
Most patent prosecutors err on the side of caution when deciding whether to cite prior art references to the United States Patent and Trademark Office (USPTO). [read post]