by Kathleen Lynch | Aug 12, 2014 | Uncategorized
The U.S. Patent and Trademark Office (USPTO) and the Minority Business Development Agency (MBDA) are co-hosting a three part webinar series to help business owners understand the intellectual property process. The series starts today at noon.
This webinar series will teach attendees how to electronically file a copyright, patent, and trademark applications. The series will provide information, resources, and tools to protect and promote intellectual property. USPTO and Copyright Office employees will conduct the lectures.
Today’s webinar topics is about copyright filings. At noon ET, this webinar will teach you how to register your original literary, dramatic, musical expressions and artistic works electronically using the Copyright Office’s website to get a lower filing fee and quicker processing time.
Other remaining webinars are as follow:
Filing a Trademark Application Electronically – August 13 – 1 p.m. ET
This webinar will teach you how to use the Trademark Electronic Filing System (TEAS) to submit a trademark application directly through the USPTO website. Please note that the webinar will not be directed to screening marks or determining whether a mark is available for use with a particular good or service.
Filing a Patent Application Electronically – August 14 – 1 p.m. ET
This webinar is directed to teaching you how to file patent applications electronically via the USPTO’s EFS-Web (electronic filing system). The webinar will not cover patentability searches and assessments relating to whether or not your invention is patentable.
For more information visit the US Patent and Trademark Office website. Even if you have an intellectual property attorney. This may be a helpful webinar series so you can understand the application processes for some intellectual property.
Having the right intellectual property attorney to help you make decision regarding filings and the protection of your intellectual property is critical. The Law Office of Kathleen Lynch is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at [email protected].
by Kathleen Lynch | Aug 4, 2014 | Entrepreneurship, Start Up Considerations, Trademark Service Mark
Many of my clients come in thinking that as long as they have a corporate name, they are free to use that name for advertising and marketing purposes. Sadly, they are mistaken.
The corporate name granted by the Secretary of State’s office is only given for use as a business name. The criteria for granting the name is based on whether the exact name is already in use. That name is for use as a business name, for tax and regulation purposes, and not a clearance for marketing and advertising use.
In order to use a name or logo for marketing and advertising, any company should conduct a full search and assessment as to the availability and use of their name and/or logo. A search involves looking at all uses of a name and/or logo. The search results are assessed to determined whether that name or logo would be available for use. In other words, the results are reviewed to determine if there are any other uses of the same or similar names or logos that may result in trademark infringement or an allegation of infringement.
Any business that intends to spend money on advertising or marketing of its goods or services should conduct a search and assessment as to the availability of a mark or logo. In addition, if a business intends to expand beyond its state boundaries, it should consider federal registration of its mark.
Making sure your trademark or service mark is available for use is considered a best business practice designed to leverage what you consider a valuable critical asset. Having the right person to help you make that decision is critical. The Law Office of Kathleen Lynch is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at [email protected].
by Kathleen Lynch | Jul 22, 2014 | Examiner, Patent, Prosecution
The US Patent Office is expanding its Patent Examiner Technical Training Program. The Patent Office is seeking voluntary assistance from technologists, scientists, engineers, and other experts from industry and academia to participate as guest lecturers and provide technical training and expertise to patent examiners regarding the state of the art.
Guest lecturers must have relevant, historic and current technical knowledge, including industry practices/standards in technological areas of interest. Guest lecturers must also have relevant technical knowledge, as well as familiarity with prior art and industry practices/standards in areas of technologies where such lectures would be beneficial.
So if you or someone you know has expertise or knowledge in a cutting edge area of technology, here’s a chance to help an examiner out.
Having the right person to help you identify and protect your intellectual assets is critical. The Law Office of Kathleen Lynch is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at [email protected].
by Kathleen Lynch | Jul 15, 2014 | Entrepreneur, Inventor, Small Business, Trademark
The United States Patent and Trademark Office is hosting its 16th Annual Independent Inventor Conference on August 15-16, 2014 at its offices in Arlington Virginia. The conference will enable independent inventors and small business owners to learn about the patent system, as well as network with other entrepreneurs and inventors.
Senior level officials from the USPTO and others will present information on patents, trademarks, and other intellectual property (IP) matters. In addition, experienced business owners and inventors will relate their personal perspectives in bringing their dreams to market. Governmental and business development entities will discuss commercial best practices and the various resources offered by their organizations. Each attendee will have an exclusive opportunity to meet one-on-one with a USPTO expert or IP professional of his or her choice, as well as hear keynote addresses from major figures in the entrepreneurial world.
Attendees will also be able to choose from a variety of panels and breakout sessions that address specific intellectual property topics relevant to the modern inventor and small business owner. These sessions include hands-on workshops on patent and trademark application filing, prior art searching, and recent changes in legislation that affect business owners and inventors, among many other topics.
So if you are in the DC area, this looks like a great event for any entrepreneur or small business owner.
by Kathleen Lynch | Jul 7, 2014 | Business Name, Trademarks
A client of mine came to me recently lamenting the fact that someone in her industry was using an almost identical business name and service mark. She was given to understand that because the name is a family name, she was powerless to do anything about it. Not so.
Just because your name is McDonald, doesn’t mean you can sell hamburgers. And if your name is Guinness, you can’t open up a brewery. There are limits on your ability to use your name in connection with your business. These limits are established by the present landscape of what marks are being used. The test of infringement in trademark law is “likelihood of confusion.” Would a potential purchaser of goods or services be confused as to the source of those goods or services between your mark and your competitor’s mark? If the answer is yes, then there is a problem.
Trademarks, service marks and logos gain strength through use. Use of a mark is accomplished through sales of goods or services associated with that mark. It typically follows that the longer your business has been using a particular mark, the stronger the mark becomes.
In the case of my client, once she understood that she had significant strength in her mark, she was able to assert her rights against her competitor and force a change in the competitor’s mark. In addition, with her surname in use in her industry, her mark continues to gain strength.
If you are aware of any competitor’s mark that is similar, look at your options. Even if there are no problematic marks at present, keep an eye out for new marks and assert your rights where appropriate.
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