Knobbe Martens Partners Catherine Holland, Lynda Zadra-Symes, Jeff Van Hoosear and Jonathan Hyman give insight into the major trademark law issues across multiple jurisdictions, covering: ownership and scope of trademarks, application for registration, appeal of failed applications, third-party opposition to registration, duration and maintenance of marks, assignment, markings, types of trademark enforcement proceedings, procedural format and timing, discovery, litigation costs, defenses and remedies and appeals.
Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Trademarks 2016, (published in September 2015) For further information please visit www.gettingthedealthrough.com.
On May 11, 2016, the President signed into law the Defend Trade Secrets Act (DTSA). The DTSA significantly expands protection of intellectual property rights by creating a body of trade secrets law that applies nationwide and by allowing businesses to enforce their trade secret rights in federal court. Previously, trade secrets were protected only by state laws (which varied from state to state), and trade secret claims ordinarily could be brought only in state court. The new federal law does not preempt the state laws; it provides an additional avenue for protection and enforcement.
As the legal landscape continues to evolve in terms of intellectual property law, the Los Angeles Business Journal once again turned to some of the leading IP attorneys and experts in the region to get their assessments regarding the current state of IP legislation, the new rules of copyright protection, licensing and technology, and the various trends that they have been observing, and in some cases, driving. Below is a series of questions the Business Journal posed to these experts and the unique responses they provided – offering a glimpse into the state of intellectual property law in 2014 – from the perspectives of those in the trenches of our region today.
The U.S. Supreme Court recently made a significant change to the geographic location where patent infringement lawsuits may be filed. In TC Heartland v. Kraft Food Groups, decided on May 22, 2017, the Supreme Court unanimously limited the venue for patent suits against domestic corporations to either (1) the defendantʼs state of incorporation, or (2) where the defendant has a regular place of business and committed allegedly infringing acts. This decision represents a break from 30
years of precedent that allowed patent owners to sue essentially anywhere in the U.S. that the defendant sold the allegedly infringing products.
By Nicholas Zovko and Brandon Smith, Knobbe Martens
Starting May 13, significant changes in the law of design patents come into effect. First, the U.S. and Japan both join the Hague Agreement for the Registration of Industrial Designs. Second, all U.S. design patents filed May 13 or later will have a 15-year term from issuance. This is an increase from the current 14-year term. Third, starting May 13, applicants are no longer required to file a petition and pay fees to include color drawings in U.S. design applications.
Knobbe Martens Partner Mauricio Uribe recently wrote "The Effect of Microsoft v. Motorola" for Bloomberg BNA's Patent, Trademark & Copyright Journal. Uribe discusses how Judge James L. Robart’s framework for determining a royalty rate for infringement of a standard essential patent ‘‘is now on the cusp of changing the patent litigation landscape.’’
Patent litigation isn’t what it used to be.
Monumental changes to U.S. patent law have changed the rules of the litigation game. Basic assumptions about patent law that existed just a few years ago no longer apply. The changes have raised new questions about venue, costs and validity. The shifts in the patent landscape are forcing companies and their counsel to re-evaluate their intellectual property portfolios. Some in the patent bar are calling it a “brave new world.”
The Trademark Review is a monthly newsletter prepared by Knobbe Martens attorneys covering relevant and current issues in trademark law.
In this Issue:
• Ron Paul’s Complaint to Regain RonPaul.org Constitutes Reverse Domain Hijacking
• MOTT’s for Baby Food Is Considered Primarily Merely a Surname
• Company Uses More than Is Reasonably Necessary to Advertise that its Test Strips Work with Another’s Meters
On May 11, 2016, the President signed into law the Defend Trade Secrets Act (DTSA). The DTSA significantly expands protection of intellectual property rights by creating a body of trade secrets law that applies nationwide and by allowing businesses to enforce their trade secret rights in federal court. Previously, trade secrets were protected only by state laws (which varied from state to state), and trade secret claims ordinarily could be brought only in state court. The new federal law does not preempt the state laws; it provides an additional avenue for protection and enforcement.
As the legal landscape continues to evolve in terms of intellectual property law, the Los Angeles Business Journal once again turned to some of the leading IP attorneys and experts in the region to get their assessments regarding the current state of IP legislation, the new rules of copyright protection, licensing and technology, and the various trends that they have been observing, and in some cases, driving. Below is a series of questions the Business Journal posed to these experts and the unique responses they provided – offering a glimpse into the state of intellectual property law in 2014 – from the perspectives of those in the trenches of our region today.
The U.S. Supreme Court recently made a significant change to the geographic location where patent infringement lawsuits may be filed. In TC Heartland v. Kraft Food Groups, decided on May 22, 2017, the Supreme Court unanimously limited the venue for patent suits against domestic corporations to either (1) the defendantʼs state of incorporation, or (2) where the defendant has a regular place of business and committed allegedly infringing acts. This decision represents a break from 30
years of precedent that allowed patent owners to sue essentially anywhere in the U.S. that the defendant sold the allegedly infringing products.
By Nicholas Zovko and Brandon Smith, Knobbe Martens
Starting May 13, significant changes in the law of design patents come into effect. First, the U.S. and Japan both join the Hague Agreement for the Registration of Industrial Designs. Second, all U.S. design patents filed May 13 or later will have a 15-year term from issuance. This is an increase from the current 14-year term. Third, starting May 13, applicants are no longer required to file a petition and pay fees to include color drawings in U.S. design applications.
Knobbe Martens Partner Mauricio Uribe recently wrote "The Effect of Microsoft v. Motorola" for Bloomberg BNA's Patent, Trademark & Copyright Journal. Uribe discusses how Judge James L. Robart’s framework for determining a royalty rate for infringement of a standard essential patent ‘‘is now on the cusp of changing the patent litigation landscape.’’
Patent litigation isn’t what it used to be.
Monumental changes to U.S. patent law have changed the rules of the litigation game. Basic assumptions about patent law that existed just a few years ago no longer apply. The changes have raised new questions about venue, costs and validity. The shifts in the patent landscape are forcing companies and their counsel to re-evaluate their intellectual property portfolios. Some in the patent bar are calling it a “brave new world.”
The Trademark Review is a monthly newsletter prepared by Knobbe Martens attorneys covering relevant and current issues in trademark law.
In this Issue:
• Ron Paul’s Complaint to Regain RonPaul.org Constitutes Reverse Domain Hijacking
• MOTT’s for Baby Food Is Considered Primarily Merely a Surname
• Company Uses More than Is Reasonably Necessary to Advertise that its Test Strips Work with Another’s Meters
At a recent in-house CLE event, Joseph Re, Partner at Knobbe Martens, presented an intellectual property year in review discussing important cases throughout 2016.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
Smartphone War Update: Some of Apple’s Patents Survive Invalidity Challenge
• Sale by Foreign Supplier Invalidated Patent
• District Court Abused Discretion in Refusing to Keep Confidential Documents Secret
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
• Judgment of Infringement Entered as Sanction
• Patent Exhaustion Does Not Apply to Harvested Seeds
• Judges Disagree on § 101 Standards
• Litigation Is Not a Domestic Industry
The marcus evans 5th Product and Pipeline Enhancement for Generics Conference hosted industry leaders within the Generic Pharmaceutical, Branded Pharmaceutical and API industries operating globally. These leaders shared best practices, strategies and tools on portfolio management and business strategy, as well as legal, intellectual property and patent issues.
Knobbe Martens' attorneys presented on the following topic:
*Analyzing Recent Updates to the Hatch-Waxman Act to Grasp Future Impacts and Challenges
*Studying recent changes that could impact the industry, including 180-day exclusivity and complications regarding patent listings
*Drawing lessons from the close relationship between the patenting of generic products and FDA regulatory approval to pinpoint areas of improvement
*Considering the impact biosimilar products could have on market entry and patent strategies
*Reviewing both real-life rulings and hypotheticals regarding Hatch-Waxman litigation to identify future strategies
At a recent in-house CLE event, John Sganga, Partner and the firm's Litigation Practice Group Chair, presented an intellectual property year in review discussing important cases throughout 2015.
The extraordinary two-year legal saga of Pintrips has ended in a California U.S. federal court.
In a bench trial, a judge sided with Pintrips, ruling that the travel-planning site can’t be blocked from using its like-sounding name.
The judge found that Pintrips invented its name by its own efforts. He was persuaded by the evidence that “pin” has been a term in generic use among the computer savvy prior to the existence of Pinterest.
Two years ago Pinterest, which claims to be the country’s third-most visited social network, alleged that Pintrips chose a name similar to its own and thus infringed on its trademark.
But despite the risk of significant legal costs and distraction, Pintrips defended itself until the end, represented by the law firm Kenyon & Kenyon.
Partner Michael Fuller wrote an article for the Bloomberg BNA - Pharmaceutical Law & Industry Report discussing how the PTAB may be taking a more balanced approach in biotech and pharmaceutical IPRs.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this issue:
Evidence of Deliberate Decision to Withhold Reference Required for Inequitable Conduct
Licensee Bears Burden of Proving Non-Infringemet in Some Circumstances
No Inequitable Conduct for Failure to Disclose Litigation Involving Parent of Application
Mere Possibility of Allegedly Infringing Activity Insufficient for Declaratory Judgment Jurisdiction
Doctrine of Equivalents Is Available for “Substantially All” Limitation
Court Finds Broadest Reasonable Interpretation of Claim Unreasonable
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
Cancellation of Claims by PTO Binding on District Court
Claims Reciting Method Free of an Agent is Invalid Where Patent Does Not Mention Agent
Defendant Did Not Have Proper Notice of Products Accused of Infringement
PELTON PowerPoint: ABA Cyberspace Institute 2011-01-28erikpelton
"Trademark Strategies for 2012" Presentation to the American Bar Association's Cyberspace Institute in Austin Texas on January 28, 2011. The presentation explores recent changes to the practice of trademark law, and what the future might hold for trademark owners and attorneys who advise them.
The Trademark Review is a monthly newsletter prepared by Knobbe Martens attorneys covering relevant and current issues in trademark law.
In this Issue:
• Owner of “WOULD YOU RATHER...?” Wins $8.3 Million
• PC ON A STICK Is Not Merely Descriptive
• Sonoma Wine Producer Wins Geographically Limited Injunction
• Brand Owners Awarded Favorable Damages Awards in Counterfeiting Cases
The Federal Circuit Review monthly newsletter is now available. This month’s newsletter covers the latest decisions handed down from the Federal Circuit:
Otsuka Pharmaceutical Co. v. Sandoz Inc.; In Re Youman; In re Montgomery; Leader Technologies, Inc. v. Facebook, Inc.; Apple, Inc. v. Samsung Electronics Co., Ltd.; In Re Baxter International, Inc.; Mintz v. Dietz & Watson, Inc.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this issue:
Licensing to Foreign Manufacturers Satisfies Domestic Industry
Appeal Found to Be Moot in Light of “Side Bet”
Mere Design Choice Leads to Obviousness Finding
Design Patent Infringement Complaint Survives Dismissal
Knobbe Martens co-hosted a 2-hour seminar in Silicon Valley on Protecting Your Intellectual Property with a distinguished panel of global practitioners.
On March 30 and 31, 2017, Knobbe Martens attorneys presented written and oral educational material at an IP Seminar Series “Overseas Intellectual Property Rights Protection for Chinese Enterprises” sponsored by CHOFN, a Chinese IP law firm in Guangzhou and Shenzhen, China.
At a recent Forresters And Knobbe Martens Seminar, Charlotte Teall (Forresters) and Dan Altman (Knobbe Martens) presented "Latest Developments in European Patent Law: How to Apply Them in Both the United States and Europe."
Trademarks, copyrights and patents are important elements of your business. Without protecting them, your ideas may be stolen, your products may be copied, and you may even lose your business. This booklet not only provides useful basic information about trademarks, copyrights and patents, but outlines answers to frequently asked questions about litigation should that ever be a consideration. This information can serve as a good foundation for further discussions with your intellectual property lawyer.
At a recent in-house CLE event, Joseph Re, Partner at Knobbe Martens, presented an intellectual property year in review discussing important cases throughout 2016.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
Smartphone War Update: Some of Apple’s Patents Survive Invalidity Challenge
• Sale by Foreign Supplier Invalidated Patent
• District Court Abused Discretion in Refusing to Keep Confidential Documents Secret
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
• Judgment of Infringement Entered as Sanction
• Patent Exhaustion Does Not Apply to Harvested Seeds
• Judges Disagree on § 101 Standards
• Litigation Is Not a Domestic Industry
The marcus evans 5th Product and Pipeline Enhancement for Generics Conference hosted industry leaders within the Generic Pharmaceutical, Branded Pharmaceutical and API industries operating globally. These leaders shared best practices, strategies and tools on portfolio management and business strategy, as well as legal, intellectual property and patent issues.
Knobbe Martens' attorneys presented on the following topic:
*Analyzing Recent Updates to the Hatch-Waxman Act to Grasp Future Impacts and Challenges
*Studying recent changes that could impact the industry, including 180-day exclusivity and complications regarding patent listings
*Drawing lessons from the close relationship between the patenting of generic products and FDA regulatory approval to pinpoint areas of improvement
*Considering the impact biosimilar products could have on market entry and patent strategies
*Reviewing both real-life rulings and hypotheticals regarding Hatch-Waxman litigation to identify future strategies
At a recent in-house CLE event, John Sganga, Partner and the firm's Litigation Practice Group Chair, presented an intellectual property year in review discussing important cases throughout 2015.
The extraordinary two-year legal saga of Pintrips has ended in a California U.S. federal court.
In a bench trial, a judge sided with Pintrips, ruling that the travel-planning site can’t be blocked from using its like-sounding name.
The judge found that Pintrips invented its name by its own efforts. He was persuaded by the evidence that “pin” has been a term in generic use among the computer savvy prior to the existence of Pinterest.
Two years ago Pinterest, which claims to be the country’s third-most visited social network, alleged that Pintrips chose a name similar to its own and thus infringed on its trademark.
But despite the risk of significant legal costs and distraction, Pintrips defended itself until the end, represented by the law firm Kenyon & Kenyon.
Partner Michael Fuller wrote an article for the Bloomberg BNA - Pharmaceutical Law & Industry Report discussing how the PTAB may be taking a more balanced approach in biotech and pharmaceutical IPRs.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this issue:
Evidence of Deliberate Decision to Withhold Reference Required for Inequitable Conduct
Licensee Bears Burden of Proving Non-Infringemet in Some Circumstances
No Inequitable Conduct for Failure to Disclose Litigation Involving Parent of Application
Mere Possibility of Allegedly Infringing Activity Insufficient for Declaratory Judgment Jurisdiction
Doctrine of Equivalents Is Available for “Substantially All” Limitation
Court Finds Broadest Reasonable Interpretation of Claim Unreasonable
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this Issue:
Cancellation of Claims by PTO Binding on District Court
Claims Reciting Method Free of an Agent is Invalid Where Patent Does Not Mention Agent
Defendant Did Not Have Proper Notice of Products Accused of Infringement
PELTON PowerPoint: ABA Cyberspace Institute 2011-01-28erikpelton
"Trademark Strategies for 2012" Presentation to the American Bar Association's Cyberspace Institute in Austin Texas on January 28, 2011. The presentation explores recent changes to the practice of trademark law, and what the future might hold for trademark owners and attorneys who advise them.
The Trademark Review is a monthly newsletter prepared by Knobbe Martens attorneys covering relevant and current issues in trademark law.
In this Issue:
• Owner of “WOULD YOU RATHER...?” Wins $8.3 Million
• PC ON A STICK Is Not Merely Descriptive
• Sonoma Wine Producer Wins Geographically Limited Injunction
• Brand Owners Awarded Favorable Damages Awards in Counterfeiting Cases
The Federal Circuit Review monthly newsletter is now available. This month’s newsletter covers the latest decisions handed down from the Federal Circuit:
Otsuka Pharmaceutical Co. v. Sandoz Inc.; In Re Youman; In re Montgomery; Leader Technologies, Inc. v. Facebook, Inc.; Apple, Inc. v. Samsung Electronics Co., Ltd.; In Re Baxter International, Inc.; Mintz v. Dietz & Watson, Inc.
The Federal Circuit Review is a monthly newsletter featuring the latest case summaries handed down from the U.S. Court of Appeals for the Federal Circuit.
In this issue:
Licensing to Foreign Manufacturers Satisfies Domestic Industry
Appeal Found to Be Moot in Light of “Side Bet”
Mere Design Choice Leads to Obviousness Finding
Design Patent Infringement Complaint Survives Dismissal
Knobbe Martens co-hosted a 2-hour seminar in Silicon Valley on Protecting Your Intellectual Property with a distinguished panel of global practitioners.
On March 30 and 31, 2017, Knobbe Martens attorneys presented written and oral educational material at an IP Seminar Series “Overseas Intellectual Property Rights Protection for Chinese Enterprises” sponsored by CHOFN, a Chinese IP law firm in Guangzhou and Shenzhen, China.
At a recent Forresters And Knobbe Martens Seminar, Charlotte Teall (Forresters) and Dan Altman (Knobbe Martens) presented "Latest Developments in European Patent Law: How to Apply Them in Both the United States and Europe."
Trademarks, copyrights and patents are important elements of your business. Without protecting them, your ideas may be stolen, your products may be copied, and you may even lose your business. This booklet not only provides useful basic information about trademarks, copyrights and patents, but outlines answers to frequently asked questions about litigation should that ever be a consideration. This information can serve as a good foundation for further discussions with your intellectual property lawyer.
KHANNA & ASSOCIATES is a full service Law Firm handling all legal matters on Civil, Criminal, Business, Commercial, Corporate, Arbitration , Labor & Service subjects in law, in all courts as well as Tribunals. An individualized service by members with decades of experience to ensures total satisfaction to the clients.
We Provide services are:
Accounting Services
Auditing & Assurance Services
Advisory Services
Business Services
Corporate Services
International Services
Financial & Corporate Services
Foriegn Exchange Services
STPI Services
Taxation Services
Trademark & Copyright Related Services
NRI Related Services
Corporate Governance Services
Service Tax
In today’s challenging economic environment, businesses are looking for ways to improve their competitive advantage. One important way is through branding, which includes one or more trademarks. Some trademarks and brands are stronger than others. This presentation addresses how to develop, use, and protect a powerful brand while avoiding potential infringement litigation.
The post shows definition of trademark and patent; the important of trademark and patent and how business register trademark and patent are also discussed on the post.
The post includes:
What is trademark?
Benefits of registering
Requirements for filling a trademark application
The application process
Patent registration
Contact information:
Email: aceglobalacct@gmail.com
Whatsapp: (+65) 9061 2851
Website: http://aceglobalaccountant.com/trademark-and-patent-registration/
Explores naming (company, trade or business), domain name registration, what constitutes a trademark, selecting a trademark, trademark availability, and registering trademarks.
The registration provides the right to sue those who try to copy your trademark. And no one else can use a
trademark identical to another person's registered one. You will use an “R” symbol for it until you file a
trademark and it will be valid for up to 10 years from the date of registration. Within 3 days you can easily
obtain a TM. But, it takes up to 2 years to get ®
This is the most important benefit of trademark registration. Nationwide preference offers trademark protection more widely and you can get particular nationwide ownership of the trademark.
What types of trademarks can be registered in Laos?
Marks are categorized into 04 (four) types for examination and registration purpose as per Article 5 of Decision No. 2822/MOST dated 17 December 2019.
Type 1: “Trademark”: A trademark is defined as a symbol or a combination of symbols used to
distinguish the goods of individuals, legal entities, or organizations from the symbols of others. Symbols may be words, including invented words, signatures, names, figures, shape elements, outlines, photographs, three-dimensional pictures, animated images or packaging of goods, or a combination of colors or symbols;
Type 2: “Service Mark”: A Service mark is a symbol or a combination of symbols used to distinguish the services of individuals, legal entities, or organizations from the symbols of others, which are the same as those specified in the type 1 above.
Type 3: “Certification Mark”: A Certification Mark is a mark established by a legal entity or organization that can be used to guarantee a standard or characteristic to certify said goods or service. The mark can be used by a third party in order to indicate the origin, raw materials, method of production of the product, method to provide the service that meets the quality standards, safety, cleanliness, which is produced by a person who has expertise in a certain area.
Type 4: “Collective Mark”: A Collective Mark is a mark that is endorsed by collective organizations, for example: associations, unions, other social organizations, cooperatives, chambers of commerce and industry, or other collective organizations. A Collective Mark is a Trademark that only a member of the organization can use to indicate that its goods or services are different from the goods of another party.
What are the fees for trademark registration in Laos?
A multi-class trademark application is acceptable in Laos, meaning that a trademark application can cover more than 01 class. The examination process for a multi-class application is more complex than for a single-class application, as the trademark office must review the mark in each class to determine if there are any conflicting marks. This can result in a longer examination process and a higher likelihood of objections or rejections. Therefore, it is advisable to file a single-class trademark application in Laos to avoid delays if a certain class of goods/services is refused registration.
The fees shall NOT increase if one class of goods/services has 10 or more goods/services. Thus, the trademark applicant may list as many goods/services as he likes.
Fees from filing a trademark application in one class of goods/services in Laos are roughly over US$ 300.
Introduction - CRM- Definition, Emergence of CRM Practice, Factors responsible for CRM growth, CRM process, framework of CRM, Benefits of CRM, Types of CRM, Scope of CRM, Customer Profitability, Features Trends in CRM
, CRM and Cost-Benefit Analysis, CRM and Relationship Marketing.
The procedure for registering a trademark in India (2).pdfAksh IP Associates
Trademark registration is an important process for any business or individual looking to protect their brand identity. In Noida, the process of trademark registration is overseen by the Registrar of Trademarks. The first step in the process is to conduct a trademark search to ensure that your desired trademark is not already registered or in use by another party. Once you have confirmed that your trademark is available, you can begin the application process.
Partner Ben Anger discusses the latest developments and advanced strategies for PTAB practice, specifically focused on the petitioner side. Ben covers issues related to selecting the prior art, anticipation versus single-reference obviousness, motivation to combine, post-institution practice, and more.
Partners Susan Natland and Jessica Sganga discussed potential trademark and copyright issues in the emerging metaverse, including the surge in popularity of NFTs (non-fungible tokens) and how they may affect intellectual property protections. Get up-to-speed on the “hot” cases in this evolving area and get practical tips on how best to protect your intellectual property from infringement in this virtual space.
Speakers: Susan Natland, Jessica Sganga
Knobbe partners Jeff Van Hoosear (OC) Jason Jardine (SD) and associate Julia Hanson (SD) recently gave a presentation at San Diego Fashion week on intellectual property for designers and artists. The presentation explored what IP is, why it is important to designers, top 5 misconceptions, how to get a copyright, how to get a trademark and how to get a design patent.
Partner Mauricio Uribe continued the two-part, comprehensive discussion on responding to IP threats and assertions. The presentation focused on a more detailed exploration of the topic and strategic implications for various scenarios.
Speakers: Mauricio Uribe
Partners Melanie Seelig and Mauricio Uribe kicked off a two-part, comprehensive discussion on responding to IP threats and assertions. The presentation served as an introduction to the topic and provided more general information.
Speakers: Melanie Seelig and Mauricio Uribe
Partner Mauricio Uribe continued the two-part, comprehensive discussion on open-source software and third-party vendors. The presentation focused on a more detailed exploration of the topic and strategic implications for various scenarios.
Speakers: Mauricio Uribe
Partner Jason Gersting, Ph.D. moderated a panel of his peers in a discussion about learning how to identify the waves in current written description and enablement law and tips for smoothly riding them to expand, enhance and protect life sciences intellectual property rights. Panelists included Knobbe Martens partners Jessica Achtsam, Eric Furman, Ph.D., and Dan Altman.
Partner Mauricio Uribe kicked off a two-part, comprehensive discussion on open-source software and third-party vendors. The presentation served as an introduction to the topic and provided more general information.
Speakers: Mauricio Uribe
Partner Mauricio Uribe continued the two-part, comprehensive discussion on data privacy. The presentation focused on a more detailed exploration of the topic and strategic implications for various scenarios .
Speakers: Mauricio Uribe
Partner Mauricio Uribe kicked off a two-part, comprehensive discussion on data privacy. The presentation served as an introduction to the topic and provided more general information.
Speakers: Mauricio Uribe
Partners Mauricio Uribe and Vlad Lozan gave an informative presentation on design patent law in the United States. The partners provided best practices for filing and prosecuting design patents in the U.S. and techniques and strategies for including multiple design embodiments in design patent applications. They also discussed how to identify and protect visual elements in computer-related technologies and how to integrate design patents into a holistic intellectual property strategy.
Speakers: Mauricio Uribe, Vlad Lozan
Partners Melanie Seelig and Mauricio Uribe continued the two-part, comprehensive discussion on trade secrets. The presentation focused on a more detailed exploration of the topic and strategic implications for various scenarios .
Speakers: Melanie Seelig and Mauricio Uribe
Partners Melanie Seelig and Mauricio Uribe kicked off a two-part, comprehensive discussion on trade secrets. The presentation served as an introduction to the topic and provided more general information.
Speakers: Melanie Seelig and Mauricio Uribe
Partners Mauricio Uribe and Paul Stellman continued the two-part, comprehensive discussion of strategic planning for capturing and protecting intellectual property. The presentation focused on a more detailed exploration of the topic, diving into the best intellectual property portfolios and cost deferrable strategies to maximize intellectual property spend.
Speakers: Mauricio Uribe and Paul Stellmann
Partners Mauricio Uribe and Vlad Teplitskiy gave an informative presentation on strategic considerations for claim drafting electrical and telecommunications Inventions. The partners provided illustrative claim drafting examples and best practices for defining claim scope, as well as claim drafting strategies for avoiding or minimizing unintentional functional claiming.
Speakers: Mauricio Uribe, Vlad Teplitskiy
Partners Maria Stout and Paul Stellman kicked off a two-part, comprehensive discussion of strategic planning for capturing and protecting intellectual property. The presentation served as an introduction to the topic and provided more general information.
Speakers: Maria Stout and Paul Stellmann
Partners Melanie Seelig and Mauricio Uribe continued the two-part, comprehensive discussion of strategic considerations regarding employment and vendor agreements. The presentation focused on a more detailed exploration of managing employment and vendor agreements, follow-on agreements, and sample language and practical examples.
Speakers: Melanie Seelig and Mauricio Uribe
Partners Melanie Seelig and Maria Stout kicked off a two-part, comprehensive discussion of strategic intellectual property considerations regarding employment and vendor agreements. This presentation served as an introduction to the topic and provided more general information.
Speakers: Melanie Seelig and Maria Stout
Knobbe Practice Japan Webinar Series
Partner Mauricio Uribe provided a detailed discussion focused on advanced patent claim drafting techniques for artificial intelligence technologies and related applications. The discussion covered: claim drafting techniques to capture different aspects of artificial intelligence/machine learning technologies; considerations for detecting infringement and possible alternative trade secret protection in the United States; and considerations for patent subject matter eligibility under Section 101.
This was the second and more advanced part of the webinar on understanding and protecting artificial intelligence and machine learning technologies. If you missed the introductory webinar on this topic, you can view the recording here.
Speakers: Mauricio Uribe and Kenny Masaki
More from Knobbe Martens - Intellectual Property Law (20)
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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3. CONTENTS
2 Getting the Deal Through – Trademarks 2016
Angola7
Patrícia Rodrigues
Raul César Ferreira (Herd) SA
Argentina11
Mariano Municoy and Victoria de Lasa Andrés
Moeller IP Advisors
Australia17
Marie Wong
Wrays
Austria25
Peter Israiloff
Barger, Piso Partner
Bosnia and Herzegovina 30
Tamara Bubalo
Karanović Nikolić Law Office
Brazil35
Philippe Bhering and Mina Kaway
Bhering Advogados
Canada42
Paula Clancy
Clancy PC + Brion Raffoul
Cape Verde 49
Patrícia Rodrigues
Raul César Ferreira (Herd) SA
Colombia53
Juan Guillermo Moure, Juan Felipe Acosta and
María Clara Calderón
OlarteMoure
Croatia58
Tamara Bubalo
Karanović Nikolić Law Office
Cyprus63
Christiana Aristidou
Democritos Aristidou Co
Denmark68
Johnny Petersen
Bech-Bruun
Ecuador74
María Rosa Fabara Vera
Fabara Compañía Abogados
El Salvador 80
José Roberto Romero
Romero Pineda Asociados
Germany86
Claus M Eckhartt and Christine Fluhme
Bardehle Pagenberg Partnerschaft
Guatemala92
Marco Antonio Palacios and Hilda Monterroso
Palacios Asociados
Honduras97
Ricardo Anibal Mejia M
Bufete Mejia Asociados
India103
Swati Sharma and Safir R Anand
Anand and Anand
Indonesia109
Nadia Am Badar
Am Badar Partners
Italy113
Adriano Vanzetti and Giulio E Sironi
Vanzetti e Associati
Japan119
Yasufumi Shiroyama and Ai Nagaoka
Anderson Mōri Tomotsune
Kenya124
John Syekei and David Opijah
Coulson Harney
Korea128
Mi-Cheong Lee, So-Jung Bae and Michael M McDaniel
Lee International IP Law Group
Kosovo134
Tamara Bubalo
Karanović Nikolić Law Office
Kyrgyzstan138
Omurgul Balpanova and Aisulu Chubarova
ARTE Law Firm
Macao142
Patrícia Rodrigues
Raul César Ferreira (Herd) SA
Macedonia146
Tamara Bubalo
Karanović Nikolić Law Office
Mexico151
Marcela Bolland
Uhthoff, Gómez Vega Uhthoff SC
Montenegro155
Tamara Bubalo
Karanović Nikolić Law Office
Mozambique160
Patrícia Rodrigues
Raul César Ferreira (Herd) SA
4. www.gettingthedealthrough.com 3
CONTENTS
Pakistan164
Ali Kabir Shah
Ali Associates
Peru170
María del Carmen Arana Courrejolles
Estudio Colmenares Asociados
Philippines176
Mila Federis
Federis Associates Law Offices
Poland182
Dorota Rzążewska and Marta Krzyśków-Szymkowicz
JWP Patent Trademark Attorneys
Portugal188
Patrícia Rodrigues
Raul César Ferreira (Herd) SA
St Lucia 192
Cheryl Charmaine Goddard-Dorville
Floissac Fleming Associates
São Tomé and Príncipe 198
Patrícia Rodrigues
Raul César Ferreira (Herd) SA
Serbia202
Tamara Bubalo
Karanović Nikolić Law Office
Singapore207
Kevin Wong and Denise Loh
Ella Cheong LLC
South Africa 211
Debbie Marriott, Eugene Honey and Reinhardt Biermann
Adams Adams
Switzerland216
Brendan Bolli and Sandra Przewloka
E Blum Co AG
Turkey222
Işık Özdoğan and Ezgi Baklacı
Moroğlu Arseven
United Kingdom 229
Holly Strube and Chloe Fernandez
Boyes Turner
United States 235
Catherine Holland, Lynda Zadra-Symes, Jeff Van Hoosear and
Jonathan Hyman
Knobbe Martens Olson Bear LLP
Venezuela242
María Milagros Nebreda
Hoet Peláez Castillo Duque
Vietnam247
Duong Thanh Long and Dao Phuong Hanh
Aliat Legal
6. UNITED STATES Knobbe Martens Olson Bear LLP
236 Getting the Deal Through – Trademarks 2016
5 Classification system
What classification system is followed, and how does this
system differ from the International Classification System as
to the goods and services that can be claimed? Are multi-class
applications available and what are the estimated cost savings?
The United States uses the International Classification of Goods and
Services established by the Nice Agreement. The USPTO often requires
that goods and services in a US trademark application be described
with greater specificity than is required in the International Schedule of
Classes. To assist applicants, the USPTO publishes a manual of Acceptable
Identification of Goods and Services at www.uspto.gov.
Multi-class applications are available in the United States. There is no
difference in the amount of government filing fees that an applicant must
pay to file a multi-class application versus filing separate applications for
each class of goods or services. If the applicant is using a law firm to file the
application, the professional fees charged to file a multi-class application
may be somewhat lower than the cost to file separate applications, because
of the efficiencies resulting from filing one application.
6 Examination procedure
What procedure does the trademark office follow when
determining whether to grant a registration? Are applications
examined for potential conflicts with other trademarks? May
applicants respond to rejections by the trademark office?
After the USPTO determines that the minimum filing requirements have
been met, the application is assigned to a trademark examining attorney
for review. This initial review generally occurs within the first four months
after filing. During this review, the examining attorney will search the
USPTO records to determine if there is likelihood of confusion between
the applicant’s mark and the marks in any prior applications or registra-
tions. The analysis of likelihood of confusion would be made in light of the
goods and services offered in connection with each mark. The Examiner
may also perform other searches to determine if a mark is a term of art or is
otherwise generic. The examining attorney will review the application, the
drawing, the list of goods and services, and any specimens submitted by
the applicant showing use of the mark.
After examination, the examining attorney may issue an ‘office
action.’ The office action will describe any substantive reasons for refusal
and any technical or procedural deficiencies in the application, for exam-
ple, an unacceptable description of the goods or services. The applicant
will then have six months in which to file a response. The Examiner may
issue subsequent office actions to which the applicant must also respond.
The number and nature of office actions can vary widely and comprise the
‘prosecution’ of the application.
If the examining attorney does not issue an office action, or if the appli-
cant overcomes all of the issues raised in the office action, the mark will be
approved for publication. Any party that believes it will be injured by reg-
istration of the mark has 30 days from the publication date in which to file
an opposition. If no one opposes the application, a registration will issue
in approximately three months for applications based upon the actual use
of the mark in commerce, on a foreign registration under section 44 of the
Trademark Act or on an extension of protection of an international regis-
tration to the United States under the Madrid Protocol.
If the application was based on an intent to use, a notice of allowance
will be issued, and the applicant must submit a declaration and proof that
it is using the mark before the registration will be granted.
7 Use of a trademark and registration
Does use of a trademark or service mark have to be claimed
before registration is granted or issued? Does proof of use have
to be submitted? Are foreign registrations granted any rights of
priority? If registration is granted without use, is there a time by
which use must begin either to maintain the registration or to
defeat a third-party challenge on grounds of non-use?
The filing basis of the application and the domicile of the applicant deter-
mine whether or not use is required to obtain a registration. For ‘intent to
use’ applications filed under section 1(b), evidence of use does not have
to be submitted at the time of filing. If the sole basis of the application is
section 1(b), however, evidence of use will be required before a registration
will issue.
Applications can also be filed based on actual use under section 1(a).
These applications require evidence of use at the time of filing.
There are two other filing bases, which are generally reserved for
foreign applicants – section 44 and section 66. Pursuant to the Paris
Convention, section 44(d) permits a claim of priority from a foreign appli-
cation if the US application is filed within six months of the filing date of
the foreign application. The applicant must then either ‘perfect’ the sec-
tion 44 basis by filing a copy of the foreign registration (a certified copy is
not required) or submitting evidence of use under section 1(a). The appli-
cant will receive the priority filing date no matter which method it uses to
perfect the section 44 basis.
If the applicant submits its foreign registration to perfect its filing pur-
suant to section 44(e), it can obtain the US registration without submitting
evidence of use.
Section 66 is the filing basis for extensions of protection under the
Madrid Protocol. Section 66 applications do not require evidence of use.
Although an applicant can obtain a US registration based on a foreign
registration or on an extension of protection under the Madrid Protocol
without submitting proof that it is using the mark in US commerce, the
applicant must still have a bona-fide intention to use the mark in US com-
merce. Its US registration could be vulnerable to attack if it cannot produce
physical evidence demonstrating that it was taking steps to use the mark in
the United States at the time it filed its application.
In addition, the applicant needs to use its mark in US commerce
within three years after the registration issues, or the registration may be
subject to cancellation by a third party. This means that a third party could
bring a cancellation action against the registration on the ground that the
applicant has abandoned the mark. These cancellation actions are often
brought as a defensive manoeuvre by third parties when an applicant is
attempting to enforce its rights and stop them from using an infringing
mark.
To maintain the registration, the applicant must submit proof to
the USPTO that it is using the mark in US commerce. This proof, which
includes a sworn declaration, must be submitted between the fifth and
sixth anniversaries of the issuance of the registration, and again at every
10th anniversary of the registration date.
One benefit of submitting evidence of use as a basis for obtaining a
registration is that it often deters third parties from challenging the validity
of a registration on the ground that the applicant did not have a legitimate
intent to use the mark at the time of filing, the applicant did not begin using
the mark within three years of registration or the applicant abandoned its
mark. A use-based registration can also be used by an applicant to enforce
its rights in the United States.
A registration based solely on a foreign registration, without the sub-
mission of evidence of use, can prevent the registration of confusingly
similar marks by third parties. Without evidence of use of the mark in the
United States, however, the owner of the registration will not be able to
enforce its rights against third parties.
In some cases, it is possible to substitute a section 44(e) foreign regis-
tration basis after publication if it appears that there will be no use of the
mark. While the US application will need to be republished, it could still be
saved. This option is only available if the foreign registration is for the same
mark and goods or services as the US application.
8 Appealing a denied application
Is there an appeal process if the application is denied?
Currently, a first office action is issued approximately four months after
the application is filed. If an office action is issued, the applicant has six
months to respond. If the applicant is unable to overcome the issues raised
in the Office Action, the examining attorney will issue a final office action,
again with a six-month response deadline. If a response is filed within three
months of the issuance of a final office action, the examining attorney will
review the response by the six-month deadline. This gives the applicant a
‘second bite’ at the apple and a chance to file a final response by the six-
month deadline.
At the end of the six-month deadline for the final office action, the
applicant can respond or file an appeal with the Trademark Trial and
Appeal Board (TTAB). It is common to file a ‘request for reconsideration’
and an appeal, and the appeal is stayed, pending review of the request for
reconsideration. If the examining attorney withdraws the issues based on