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?
So, I have been so busy correcting mistakes! None of you should be Do-It-Yourself-ing (DIYing) your trademark applications. Here’s why! Most people do not understand the trademark application process, they don’t understand the protection they have when they secure a federal trademark, and they are unsure of how to enforce and police their trademarks.
What’s the top reason most people don’t hire an attorney to file their trademark application? LACK OF FUNDS! However, it may be wiser to save money to ensure the application is filed correctly, rather than gambling to secure trademark rights on your own! The attorneys at the United States Patent and Trademark Office are not your attorneys. They are very helpful, but it’s not their job to teach you how to navigate the system.
Remember: A trademark application is a legal document.
Ignorance of the law is not an excuse.
Why do you think trademark applicants should hire a qualified trademark attorney?
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?
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?
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!
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!
Wow! November is here. How’s 2020? It’s the start of the last quarter of the year and of course, it’s not too late to secure a 2020 filing date. USPTO rates are drastically increasing.
Don’t miss this event! We are celebrating Attorney Andrea Evans appearing on the show, Make48 SEASON 3! Come and network, get inspired and celebrate with us.