USPTO Proposes Fee Increases for FY 2017 The USPTO has published its notice of proposed rulemaking for the FY 2017 patent fee schedule in the Federal Register. The USPTO proposes fee increases to recover its estimated costs for patent operations and achieve its strategic goals of optimizing patent quality and timeliness and increasing international efforts to improve IP policy, protection, and enforcement. […]
USPTO refuses trademark applications for new NHL team, Vegas Golden Knights

Hockey fans have eagerly awaited the unveiling of the NHL’s newest team, which is set to begin playing in Las Vegas in the 2017-2018 season. Last month, it was announced that the new franchise will be called the Vegas Golden Knights, to mostly positive reviews from fans and commentators. The name is an homage to … Continue reading

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Accepting Advertising for Marijuana or Marijuana Paraphernalia: The Trademark Office Rules on a Related Issue that Provides More Reason For Caution As David Oxenford has previously commented, even in states where marijuana has been legalized, broadcasters should be cautious about accepting advertising for marijuana or related paraphilia.  Specifically, decisions by the FDA and the Department of Justice have done little to cut through the smoke shrouding the issue.  Now, perhaps the last United States agency that… Continue Reading
This is part two of a four-part series on the basics of intellectual property law. The goal of this series is to provide individuals and business owners with a primer on the different types of intellectual property in the United States, including patents, trade secrets, trademarks and copyrights. For the introduction to the series, click […]
USPTO’s Public Roundtables on Patent Subject Matter Eligibility Off to Promising Start Following the recent Federal Circuit decisions in BASCOM and McRO, the United States Patent and Trademark Office (“USPTO”) responded by providing all stakeholders with a helpful memorandum discussing these cases and how they affect patent subject matter eligibility. In addition, the USPTO continues its outreach efforts to identify where gaps exist in its guidance, and … Continue Reading

What Happens After My Application is Filed?
After your application is filed, you should receive an email from the USPTO confirming the submission. In a few business days, the USPTO will confirm the application has the necessary information to be considered. On average, it is then taking about two to three months for an application to ... Continue Reading

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Cannabis Trademarks and Legal Use in Commerce Last week I had the honor of speaking on a panel at Chicago-Kent College of Law, dealing with the unique intellectual property issues faced by the cannabis industry. One issue we discussed at length was exactly what types of federal trademark applications would be rejected by the United States Patent and Trademark Office (USPTO), and […]
USPTO files opening brief in Slants case

The First Amendment does not require the government to support disparaging speech, the U.S. Patent and Trademark Office (“USPTO”) argued in its opening brief filed last week in the “Slants” trademark case currently pending before the Supreme Court. Lee v. Tam, No. 15-1293, Pet. Brief at 20 (Nov. 9, 2016).   Background As we’ve previously … Continue reading

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