petitiontocancel.com
Affirmative Defenses
http://petitiontocancel.com/AffirmativeDefenses.html
Affirmative Defenses Bar The Claim. An affirmative defense assumes the allegations in the complaint to be true but, nevertheless, constitutes a defense to the allegations in the complaint. An affirmative defense does not negate the elements of the cause of action; it is an explanation that bars the claim. Gwin v. Curry. What is Not An Affirmative Defense? Failure to state a claim upon which relief can be granted is not an affirmative defense. Lack of standing is not an affirmative defense. Party registra...
notjustpatents.com
Anti-Counterfeit
https://www.notjustpatents.com/anticounterfeitenforcement.html
For more information on acquiring Trademark rights. Secure Rights Through Registration and Prosecute Counterfeiters and Pirates. Trademark owners can also protect their goods and services against counterfeiters by monitoring commercial use of their federally registered marks or confusingly similar marks and alerting federal law enforcement of counterfeiting. (See 18 USC 2318. Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging and 18 USC 2320. Wide efforts being m...
trademark2d.com
Trade Name Cease and Desist
http://trademark2d.com/trademarktradename.html
Trade Name (Business Name) or Trademark Cease and Desist Letters. Trade name, business name or trademark enforcement can be started by using cease and desist letters and the respective actions with third party providers like domain name registrars, host providers, web site builders, Facebook, Twitter, etc. Parties like these often require users to agree to their contract and terms which include that the user will not infringe on someone else’s rights. How Should A Cease and Desist Letter Be Sent? April 2...
stepstoapatent.com
Avoid Public Disclosure
http://www.stepstoapatent.com/avoidpublicdisclosure.html
An invention that has been known or used by others or described in a printed publication is unpatentable subject matter and will be rejected during prosecution with a prior art rejection. The U.S. currently has a one year grace period in which the inventor may make disclosures during which the patentee must file a patent application. Many foreign countries do not allow any grace period. Examples of public disclosures include p. Examination of the patent. An ex-. And the Section Summary from the USPTO.
trademark2d.com
Appearance Sound Commercial Impression
http://trademark2d.com/commercialimpression.html
Appearance, Sound, Connotation and Commercial Impression. The key likelihood of confusion factor in many cases is whether the marks of the respective parties are confusingly similar, when compared in their entireties as to appearance, sound, connotation and commercial impression. Palm Bay Imports Inc. v. Veuve Clicquot Ponsardin Maison Fondee En. 1772, 396 F.3d 1369, 73 USPQ2d 1689, 1692 (Fed. Cir. 2005). Commercial Impression Comes From the Specimen Of Use. 205 USPQ at 77; In re Bose Corp. Dictionaries ...
notjustpatents.com
Examples of Enablement Requirement
https://www.notjustpatents.com/examplesenablement.html
EXAMPLES OF PATENT APPLICATION REJECTIONS UNDER 35 U.S.C. 112. Examples of Enablement Requirement. Examples of Description Requirement. Examples of Best Mode Requirement. EXAMPLES OF ENABLEMENT REQUIREMENT. Found at http:/ www.uspto.gov/web/offices/pac/dapp/35usc112.htm#example). The Patent and Trademark Office had rejected claims for lack of enablement in a "Hot-. 179 USPQ 43 (CCPA 1973). 181 USPQ 31 (CCPA 1974). 185 USPQ 152 (CCPA 1975). 19O USPQ 214 (CCPA 1976). 195 USPQ 150 (CCPA 1977). Http:/ www...
notjustpatents.com
Sample Intellectual Property Inventory Forms
https://www.notjustpatents.com/sampleipinventoryforms.html
Note: These are sample Intellectual Property Inventory Forms that are the property of Not Just Patents. Not Just Patents gives no claims for fitness for use. Your needs will differ, depending on your circumstances. Not Just Patents can prepare forms specifically for your use, call us at 1-. Sample Trademark or Service Mark Inventory Form. Use one for each Trademark or Service Mark. USPTO info. or state info. Show Word Mark or Design. ID of Goods and Services (list all):. Date of first use in commerce:.
