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Blog Posts in 2013

Changes in Trademark Law and How to File

At the time the Madrid Protocol went into effect with the United States joining the International Bureau in 2003, some changes to the trademark law had to be made by amending legislation. The United ...
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Protecting your Trademark Worldwide by using the Madrid System

The Madrid Protocol is one of two treaties comprising the Madrid System for international registration of trademarks. The protocol is a filing treaty and not a substantive harmonization treaty. A ...
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The Madrid Protocol for International Trademark Registration

The Madrid System is the primary international system for facilitating the registration of trademarks in multiple jurisdictions around the world. Its legal basis is the multilateral treaty named the ...
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Trademarks and Secondary Meaning

Secondary meaning is a doctrine within trademark law. It affords protection to the user of an otherwise unprotectable descriptive mark. This protection is granted when the mark, through advertising or ...
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Trade Dress, What is It?

In an earlier blog entitled “Trademark infringement” I referred to a lawsuit between two energy drink manufactures selling Monster Energy Drink where the cans looked identical. The filed ...
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What's the Difference between a Trademark and a Brand?

We often hear the term "brand" used interchangeably with the term "trademark". But there is a legal difference between the two words. A trademark is a mark that legally represents ...
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The Eight Factors for Likelihood of Confusion

As was said in the last article, in order to have a valid claim for trademark infringement you must have the rights to use the mark in commerce and that by someone else using the mark there may be a ...
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Trademark Infringement

The picture to the left is Monster Energy Drink, but made by two different companies. The image comes out of the infringement lawsuit filed in the Federal District court to determine who gets to use ...
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Trademark Licensing

If you are a business owner wanting to allow others to use your trademark as part of their advertising to sell your product, it is always best to get a trademark licensing agreement. A trademark ...
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Trademark Protection

Being the first to use a mark in commerce gives you priority if someone wants to challenge you to stop using it. However, to obtain the greatest protection for a mark it is almost always advisable to ...
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"First-to-Use" versus "First-to-File" versus "Intend to Use"

When a mark is placed on a package or the side of a truck that identifies a good or service, it is said to be used in commerce. The first person to use a mark in commerce has what is called priority. ...
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Trademark - What is it?

A trademark is the way we identify the source. There are two types of trademarks. One is a trademark used to identify goods and another is called a “service mark” used to identify ...
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The New America Invents Act - New Inter Partes Review

The New America Invents Act - New Post Patent Review Procedures On September 16, 2011 President Barack Obama signed into law the Leahy-Smith America Invents Act. This new act makes several changes to ...
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The New America Invents Act - New Post-Grant Review Process

The New America Invents Act - New Post Patent Review Procedures On September 16, 2011 President Barack Obama signed into law the Leahy-Smith America Invents Act. This new act makes several changes to ...
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The New America Invents Act - Micro-Entity Status

The New America Invents Act - Micro-Entity Status On September 16, 2011 President Barack Obama signed into law the Leahy-Smith America Invents Act. This new act makes several changes to procedures for ...
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The New America Invents Act - "Prior Art" Redefined

The New America Invents Act - “Prior Art” Redefined On September 16, 2011 President Barack Obama signed into law the Leahy-Smith America Invents Act. This new act makes several changes to ...
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The New America Invents Act - First Inventor to File

The New America Invents Act On September 16, 2011 President Barack Obama signed into law the Leahy-Smith America Invents Act (AIA). This new act makes several changes to procedures for a patent ...
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Our law student-in-training David R. Shelvey, J.D.

Hello, I'm David Shelvey, J.D. graduate from the nation's largest law school (Thomas M. Cooley Law School) and I am doing a winter internship at Citadel Patent Law for my masters. I have lived ...
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