2015-03-17 Sunjeev Sikand Co-Authors Comments on Section 101 Interim Subject Matter Eligibility Guidance
RatnerPrestia patent attorney Sunjeev Sikand has co-authored a 12-page letter to the U.S. Patent and Trademark Office (USPTO) on behalf of the Intellectual Property Owners Association (IPO) in response to a request for public comments on â€śSection 101 Interim Subject Matter Eligibility Guidance.â€ť In the letter dated March 16, 2015, IPO recommended that the USPTO emphasize the substantial evidence burden to examiners. IPO noted that many examiners have indicated that they are waiting for an example closer to their art unit technology before they are comfortable indicating that a claim passes muster under the new Â§ 101 guidance. To that end, IPO provided some additional technical examples that would help clarify the eligibility analysis. Finally, IPO asked the PTO to provide consistent and transparent (i) examination in all art units; (ii) training; and (iii) review of rejections within the USPTO.
2015-02-26 Sunjeev Sikand Co-Authors Comments on Domestic and International Issues Related to Privileged Communications Between Patent Practitioners and Their Clients
RatnerPrestia patent attorney Sunjeev Sikand has co-authored a letter to the U.S. Patent and Trademark Office (USPTO) on behalf of the Intellectual Property Owners Association (IPO) in response to a request for public comments on â€śDomestic and International Issues Related to Privileged Communications Between Patent Practitioners and Their Clients.â€ť In the letter dated February 25, 2015, IPO stated that clarifying the laws of privilege in communications with licensed patent practitioners will promote complete and open communication between clients and licensed patent practitioners, which is critical for the effective operation of the legal system. IPO believes that the protections and obligations of the attorney-client privilege should extend to patent practitioners admitted or licensed to practice before their local or regional patent and trademark offices.
2013-03-26 Trademark Clearinghouse Open For Business
With the arrival of over one thousand new Generic Top Level Domain Names (gTLDs) only months away, the Internet Corporation for Assigned Names and Numbersâ€™ (ICANNâ€™s) Trademark Clearinghouse is now accepting applications for trademark registration.
2012-06-13 ICANN Releases gTLD Applications List
The Internet Corporation for Assigned Names and Numbers (ICANN) has just released the list of generic Top Level Domain (gTLD) applications filed from January 12, 2012 to May 30, 2012.
2012-03-27 NEW TOP-LEVEL DOMAINS: What Brand Owners Need to Know
On June 20, 2011, the Internet Corporation for Assigned Names and
Numbers (ICANN) approved a plan to permit new generic top-level
domains (gTLDs), thereby increasing the number of gTLDs from the
current 22 (.com, .net., .biz, etc.) to a potentially unlimited number.
2011-01-28 Proving Fraud Becomes Increasingly Difficult
USPTO refuses to find fraud where trademark applicant relied on advice of counsel.
2010-07-01 Federal Circuit Allows Website Print-out Without Image To Qualify As A Trademarkâ€™s Commercial Use Specimen
A decision by the Court of Appeals for the Federal Circuit may make it easier to federally register marks used in connection with goods sold over the Internet.
2010-05-13 Using Inter Partes Proceedings To Resolve Trademark Infringement Disputes
Rex Donnelly's article, "Using Inter Partes Proceedings To Resolve Trademark Infringement Disputes" appears in the May 11th edition of The Legal Intelligencer Intellectual Property Supplement.
2010-03-16 Trademark Lessons From USC V. USC
RatnerPrestia Shareholder, Rex A. Donnelly, author of â€śTrademark Lessons From USC V. USCâ€ť, recently appeared in IP Law360.
2010-01-15 Educating Businesspeople About the Importance of Trademark Rights
RatnerPrestia Shareholder, John McGlynn, author of â€śEducating Businesspeople About the Importance of Trademark Rightsâ€ť, recently appeared in the January INTA Bulletin.
2009-12-31 Pennsylvaniaâ€™s Trademark Counterfeiting Statute Found Unconstitutional
A recent Pennsylvania Supreme Court decision ruling that the Commonwealthâ€™s Trademark Counterfeiting Statute is unconstitutionally overbroad has temporarily left Pennsylvania without a state criminal counterfeiting statute on the books.
2009-08-01 Trademark Corner Update
This Trademark Corner provides an update on two issues addressed in previous articles and columns.
2009-07-01 Trade Dress Likelihood of Confusion Minimized by Prominent Use of Trademarks
A recent Third Circuit decision with implications for both brand owners and makers of store-brand and private-label goods held that the overall commercial impression of some store-branded packaging trade dress did not support finding a likelihood of confusion with brand-name packaging because the imitation packaging prominently featured other distinguishing marks, including store names and logos.
2009-05-26 Getting The Most Protection For Your Trademark Budget
Stretching to get the most trademark protection for the dollars available starts with an understanding of trademark laws around the world, the value of each brand in your business, and the markets you serve or plan to serve. Once you understand each of these components, you can balance the needs of your business against the costs of various options, and choose the option that best protects the business within reasonable costs.
2008-10-30 10th Circuit Applies Medimmune to Trademark Dispute
Trademark owners who are parties in TTAB proceedings, or are the recipients or senders of cease and desist letters, should know that the Supreme Courtâ€™s decision in Medimmune has changed the landscape and lowered the bar for declaratory judgment (DJ) jurisdiction for trademarks as well as patents.
2008-04-01 Trademark Scams: Be Alert
Congress enacted the Sarbanes-Oxley Act [SOx] in the wake of several major corporate and accounting scandals involving Enron, WorldCom and other well-known corporations.
2007-04-18 Registration of Domain Name Marks
Although the e-commerce gold rush may have backed off its once frenetic pace, web entrepreneurs still willing to go in search of the mother lode still need to guard one of their most valuable assets - their domain name.
2007-02-01 Trademark Trial & Appeal Board Rule Changes
Over the past several months, the Trademark Trial & Appeal Board (TTAB) has implemented significant changes to the rules governing procedure in opposition and cancellation proceedings.
2001-08-23 Trademarks in the .COM Millennium
If you are considering forming your own web-based, e-commerce business, or merely developing a web-site to support your existing business, you may wish to consider trademark protection for that catchy Internet domain name that you hope will entice the world to beat a path to your web-site.