I am often asked what kinds of trademarks should be avoided because they are not valid marks or simply difficult to obtain. First, generic or highly descriptive words can never be trademarked. For instance, you cannot trademark the word apple with regards to selling apples. All apple sellers should be allowed to use generic terms Read More

I am often asked if one can protect a slogan per se, namely just the words by themselves. For example, the word three-peat has been used in sports to identify winning three championships in a row. In general, slogans themselves cannot be protected under either trademark or copyright laws. However, a slogan can receive trademark Read More

Today, I’d like to shed light on the strategic choices that businesses face when protecting their innovations. Namely patents or trade secrets. Patents offer public recognition and legal protection for novel inventions. They grant exclusive rights for a limited time, encouraging their inventors to share their ideas with the world in exchange for safeguarding their Read More

Today, I want to address some common misconceptions about copyright that often lead to confusion and misinformation. Copyright isn’t about stifling creativity, it’s about fostering it and protecting it. Firstly, the notion that everything on the internet is free for the taking is false. Just because something is accessible online doesn’t mean it’s free from Read More

I am still asked by some of my new clients if mailing a letter to themselves containing information about their patent is still a valid form of protection. The simple answer is that it is no longer valid as we have a first-to-file system with the patent office and not a first-to-invent system. The patent Read More

The year is 1915 and you just designed the new Coca-Cola bottle. Should you seek design patent protection or go for trademark protection? Trade dress refers to the unique packaging or appearance of a product that distinguishes it from others in the market. Not only product packaging, but also store designs, website layouts, and other Read More

In our rapidly evolving world, innovation is the cornerstone of success for businesses both large and small. And at the heart of this innovation lies a critical asset, trade secrets. These invaluable pieces of confidential information give companies a competitive edge, enabling them to develop groundbreaking products, services, and strategies. Trade secrets encompass a wide Read More

One of the highlights of the U.S. patent system is that patent applications can be continued and even changed during the examination through multiple iterations. Let’s say you receive a rejection of your application from the patent office, or even a final rejection. There is nothing final about this rejection. You have several options, which Read More

You discover that someone is using your trademark in commerce on goods that are not yours. What can you do and what are your common options for preventing others from continuing to abuse your trademark? Most popular are cease and desist letters. These are letters where we inform the bad actor of your trademark rights Read More

Software can be protected by a copyright or a patent. A copyright is a form of intellectual property that protects original works of authorship in the United States and due to treaties, worldwide. An advantage of a copyright is its long life. For an author, the copyright runs for the life of the author plus Read More