Ready to learn more about the trademark timeline? Now, what exactly is the trademark timeline? The trademark timeline is what will happen after a trademark application is filed.
First, it’s important to be clear on what you can file at the USPTO to get federal trademark protection. A trademark is a source identifier. This can be an expression, a word, symbol, scent, sound, shape, or color that is used to identify your goods or services.
Once a trademark application is filed, it can take 3-4 months before the application is assigned to a Trademark Examining Attorney. The Trademark Examining Attorney’s job is to determine if your trademark application has any issues and to review your mark to determine if it’s likely to cause confusion with a confusingly similar mark. Your mark may also be highly descriptive or worse, generic! If there is an issue, the Examining Attorney will issue an office action and allow you six months to respond to the action. If the Examiner’s review determines that the application has no issues, the mark will be published in the Official Gazette for third parties to challenge the mark. If no third parties challenge the mark, then the USPTO will register the mark. YAY!
In a nutshell, the average time to complete this process is about 1 year. Often people assume the process is shorter and call attorneys in a panic to get a mark registered.
How long did it take the USPTO to register your mark?
Here’s some interesting #Coronavirus #trademark news!
Looks like Pfizer registered a mark and later assigned it for Veterinary vaccines, veterinary medicines and pharmaceutical preparations, namely, vaccines for the prevention of enteric, respiratory, reproductive, erysipelas, and clostridial diseases in livestock; and vaccines for the treatment of feline infectious peritonitis (“FIP”), feline leukemia; and feline viral rhinotrachetitis (“FVR”) and rabies in cats; rabies; kennel cough; distemper; parvo virus; coronavirus. Here’s a screenshot of their registered trademark. The mark has been in use since 1996!
Also, note that Deep Releev’s been in use since 2005 for Pharmaceutical preparations with antiviral and/or antimicrobial properties for alleviating pain for herpes related microbial infections, namely, cold sores, herpes simplex virus, varicella zoster virus “herpes zoster” “shingles”, and cytomegalovirus, and for use in the treatment of pain for herpetic keratitis, conjunctivitis, HIV retinopathy, viral influenza “flu”, herpes simplex virus 1 “HSV 1”, herpes simplex virus 2 “HSV 2”, esptein barr, papilloma virus, viral parainfluenza, adenovirus, viral encephalitis, viral menigitus, arbovirus, arenavirus, picornavirus, coronavirus!
It’s SUMMER! You have survived another year of law school. Congratulations! Have you thought about your career after law school? It’s never too early to start strategizing on actually having a career rather than a job. The competition is stiff. What are you doing to distinguish yourself from other students? Here are a few tips that will help you to advance in your career.
1. First, be open to alternative careers. You’re still a student. Take advantage of all opportunities. Don’t limit yourself. Now is the time to explore all options.
2. Attend your law school networking events and follow up with attorneys. Create a database to store all contact information of the attorneys you meet. You never know when you’ll need to send out a newsletter or an email.
3. Create a blog to get your name out. Analyze cases! Distinguish yourself! The internet has provided an opportunity for you to create your own brand. Take advantage of it. If you’re interested in trademark law, for example, create a blog with niche trademark information.
4. Use social media. (Facebook, Twitter, and Linkedin). How will anyone know what you’re capable of if they don’t know you? Social media is a great tool to create a global brand and to grow your followers and supporters.
5. Research jobs and attorney you are interviewing with. Be prepared. Don’t waste their time. The worse thing you can do in an interview is ask questions where the answers can easily be found on the Firm’s site. For example, don’t ask an attorney where they attended law school. Rather, relate their law school to something personal to let them know you did your homework!
6. In an interview, ask intelligent questions to show you’ve done your research, not just “How much will you pay?” Talk about a big case the firm won or a current event.
Remember, your career research should be career focused not job focused. There’s a huge difference.
Time is valuable and irreplaceable so it is important to spend time doing things you love, including working. Happy CAREER hunting!
What’s the best advice you’ve received that has advanced your career?
I’m constantly looking for new ways to stay connected with you! I know many of you already follow me on social media and I appreciate it!
Is there a platform that I’m missing? Would you like to see me on a tool I may not be aware of?
There are so many options these days, right? Honestly, I equally love them all!
Here’s where to reach me online. Can I get a LIKE ;-).
I go live on video using our Facebook business page and I’m considering creating a FB group. Would you be interested in joining it?
I love showing off pictures of our business life on Instagram. I’m human…so you may even catch a glimpse of my family or something happening in my personal life I think you would enjoy! What do you think? HERE is my page!
I love Periscope! It’s like having my own television show. I’ve even trended on Periscope TWICE! Check out some of my videos here!
Question: What social media outlets do you love, and which ones would you like to see me use more to connect with you better?
Are you ready?
How exciting? You’re minding your own business and then, it hits you! Your “aha” moment. I’m referring to that moment when you realize that you’ve come up with a better way to do something. You have figured out a way to make it easier! Great!
Then, you call your favorite patent attorney to tell me the news :-). You ask, “Andrea, I’ve improved something, now what?” First, we need to determine if your invention is patentable. Is your improvement useful? Is it novel? Is it non-obvious? Conduct a patent search using the USPTO database or free tools like Google Patents. If you find an exact version of your invention, you know it’s not patentable. However, seek the help of a professional to help you to interpret if your invention is non-obvious. Your consultation will be more effective if you bring references of interest to discuss.
Your improvement may be patentable. Maybe your improvement is the next big thing!
You know what they say about assumptions, right? You make an #$@.. You get my point! Well, keep reading so you don’t make assumptions that can jeopardize your patent, trademark or copyright rights. First, there’s no percent rule! Congratulations on your invention but never ask a patent attorney, what percent you need to change an invention to get a patent. The standard to get a patent is that the invention needs to be useful and solve a problem, the invention needs to be novel and the invention needs to be non-obvious. Have you searched high and low for your invention in every store and you can’t seem to find it on the shelves? Don’t assume that if you haven’t seen your invention in the store, you can patent it. Some inventions are patented but never manufactured and sold. It’s best to seek the help of a patent attorney to conduct a search to determine if your invention is patentable.
Don’t assume that if you own a domain name, you own a trademark and vice versa. If the domain name is used as an address rather than a source identifier, the domain name doesn’t function as a trademark. Be careful sending out cease and desist letters to third parties! First, don’t assume that if someone is using your trademark that their use is improper. Also, don’t assume that you have senior rights over their use. It’s best to seek the help of a qualified trademark attorney to research the potential infringement and strength of your trademark.
Are you copying and pasting pictures from the internet? Are you assuming that if the image is on the internet it’s free to use? You may be liable for copyright infringement. This applies to text on the internet. Even if credit is given to a third party for their content, you can be liable for infringement. It’s better to ask for permission or license the content.
I’m assuming that none of these apply to you! 🙂
What are some other common assumptions inventors and entrepreneurs make?
Great! You’ve invented the next best thing and now you’re ready to tell the world. Slow down! Did you know that if you disclose your invention to others you may lose the right to file a patent application to secure patent protection for your invention? Once you disclose your invention, you have one year to file a patent application or your disclosure is considered giving your invention away to the public. If you’re just dying to tell someone about your great idea, consult a patent attorney! The consultation or discussion with a patent attorney doesn’t start the clock and a consultation is a great start to learn more about how to protect your idea and ensure you fully understand your options.
Also, a consultation is a great time to discuss any prior art that you may have found after you conducted your own. Wait? You didn’t do any research? This is one of the biggest mistakes inventors make! Take a few minutes to research your invention. Use free resources such as uspto.gov, google.com/patents and even conduct a simple word search on Google. If you uncover your invention, you know your invention is not patentable. If you are unsure of how to interpret the prior art, a patent attorney can help you determine if the invention is patentable.
Remember, the early bird gets the worm and the first to file gets an early filing date! Of course, you want to file a patent application to ensure you’re the first to file, but don’t make mistakes that may jeopardize your patent rights!
What are other ways you can jeopardize your patent rights?
You know what they say about assumptions, right? Too often, people make assumptions about patents, trademarks, copyright.
Intellectual property (IP) is divided into three types, patents, trademarks and copyrights. First, patents protect inventions. Trademarks protect the names of those inventions. Copyrights protect written materials. Be certain that when you are consulting with an attorney or investor about your intellectual property, you are able to speak intelligently. Expressions such as, “Oh, I want to patent my brand” or “I want to trademark my invention” sound like fingernails going across a chalkboard to an IP attorney.
Avoid making assumptions to ensure:
- You don’t waste your time consulting an attorney on something that you don’t own the rights to.
- You don’t spend unnecessary funds and invest them in your IP wisely.
Patents are a type of intellectual property that protect inventions. If you want to find out more about patents, you can visit to www.uspto.gov (United States Patent & Trademark Office). They do a great job of providing generic and free information. Don’t forget to consult with a qualified IP attorney to discuss your specific issue. Remember, Google is not your lawyer! LOL!
THERE IS NO PERCENT RULE
Inventors often ask, “What percent do I need to change the invention so that I can get a patent?” Often, inventors assume that they can invent something or that they can patent something by changing a percent of something that already exists. That is one of the biggest assumptions that people make and it’s very wrong.
Here’s the truth about patentable inventions:
- When you invent something, the invention is required to be useful and solves a problem.
- The invention is required to be novel or new. If you notice that something already exists that’s identical to what you’re doing, even if that person has not filed a patent application on that invention, you can’t file it because your invention is not patentable.
- The invention must be non-obvious. That is, would it be obvious to one of the ordinary skilled within the art, to take what’s out there and combine it to make the invention.
For example, changing the size, shape, color, material or attaching a button instead of a zipper on something are typically obvious changes such that an invention would not be patentable.
What is another patent assumption you’ve heard?