February 29, 2012
The United States Patent and Trademark Office (USPTO), after receiving numerous inquiries and complaints, has posted a warning directly on its Trademark homepage to highlight the problem of non-USPTO solicitations that resemble official USPTO communications.
According to the Office, private companies not associated with the USPTO will often use trademark application and registration information obtained from the USPTO’s official databases to send trademark-related solicitations by mail or e-mail. The warning states that the solicitations often mimic official government documents and can include offers: (1) for legal services; (2) for trademark monitoring services; (3) to record trademarks with U.S. Customs and Border Protection; and (4) to “register” trademarks in the company’s own private registry.
The Office asks its customers to read trademark-related communications carefully before making a decision about whether to respond, and reminds them that “all official correspondence will be from the ‘United States Patent and Trademark Office’ in Alexandria, VA, and if by e-mail, specifically from the domain ‘@uspto.gov.’”
For more information, please visit the full version of the USPTO’s warning.
February 23, 2012
The United States Patent and Trademark Office (USPTO) has set forth new rules regarding the ex parte appeal process before the Patent Trial and Appeal Board. The new rules took effect on January 23, 2012, with a majority of the changes being directed to the contents of Applicant’s appeal brief. The rules are intended to reduce the burdens placed on Applicants during the appeal process and also reduce the pendency of appeals in general, in an effort to reduce the backlog of appeals at the USPTO.
To download a copy of this presentation discussing the new rules click here.
Please contact us if you would like more information on the new ex parte appeal rules.
February 17, 2012
We are pleased to announce that Woodard, Emhardt partners Thomas Henry, Spiro Bereveskos and Daniel Lueders have been named Super Lawyers for 2012. Additionally, Woodard, Emhardt associates Bill McKenna and Jim Blaufuss have been named Rising Stars for 2012. Congratulations to all!
February 1, 2012
With Super Bowl week already in full swing in Indianapolis, we wanted to remind you of some of the legal issues surrounding ambush marketing in view of the clean zone ordinance put in place by the City of Indianapolis. Ambush Marketing is when one brand pays to become the official sponsor of an event (e.g., the Olympics, the NFL, the World Cup) and another competing brand connects itself with the event without paying sponsorship fees.
Below is a presentation which discusses ambush marketing and ways to combat it. The presentation also covers similar laws used to prevent ambush marketing, such as the Olympics Symbol Act in relation to the 2012 Olympics in London, and the clean zone ordinances, adopted by Dallas for the 2011 Super Bowl.
Click here to download a copy of the presentation.