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Aliso Viejo California Intellectual Property Law Blog

The USPTO Extended Trademark Deadlines to June 1, 2020 Due to Covid -19. Here's What You Need to Know About the USPTO Deadline Extension

The USPTO is now extending the following select deadlines to June 1, 2020if the original due date fell between March 27 and May 31, 2020, if the reason for the delay is due to the COVID-19 outbreak.  Trademark owners must demonstrate that the COVID-19 outbreak materially interfered with the timely filing or the ability to pay.  The extension applies to the following actions:

Does a .com Suffix Make a Trademark?

The United States Supreme Court will rule on whether the addition of the suffix .com to an already generic trademark is enough to allow the mark to be trademarked.  The case involves the mark "".  As a starting point, it is important to note that generic marks cannot be the subject of a trademark registration.  Booking Holdings Inc. filed an application for the mark "".  The trademark Office asserted that the term "Booking" is generic and the addition of the ".com" suffix was also generic and therefore the combined terms did not result in a registerable mark.   

The European Trademark Office Cancels McDonald's "Big Mac" Trademark

The European Trademark Office cancelled McDonald's European "Big Mac" trademark in its entirety after a legal challenge by the Irish restaurant chain Supermac's.

Understand how the 'work made for hire' doctrine works

Are you a creative individual who works for hire? If you work as any sort of freelancer or independent contractor, you need to understand how works created for others are regarded in terms of the resulting intellectual property rights. Without a solid understanding, you won't be able to negotiate your contracts properly and protect your interests.

The "work made for hire" doctrine

Applying for a business method patent

Your company has developed an operational innovation that gives your company the edge it needs. The last thing you want is for your competitors to start using the method your business has invested in producing.

One way to safeguard a business method is to patent it. Because getting USPTO to approve a business method has become increasingly complicated and difficult, it is important to make sure your application gets everything right.

The different types of patents for inventors

Most inventors don't realize that there are several different types of patents out there. This can make figuring out what patent you should apply for somewhat difficult at first.

Getting your patent application right is important, and it starts with understanding the different kinds of patents available. These are the basics you should know:

Avoid accidental intellectual property infringement

As an entrepreneur, you are full of good ideas -- but it's important to do some research before you move ahead with those ideas. That's the only way to avoid accidentally infringing on someone else's good idea.

Accidental infringement of intellectual property happens all the time. Unfortunately, it can end up costing your budding company a lot of lost time, effort and money if it ends up in litigation -- or you get a cease and desist letter and have to start over with a whole new logo, slogan or product. Here's how to avoid the issue:

Use these rules when crafting the description on your patent

One of the big challenges of a good patent application is your invention's description. You know you need to get everything right the first time to avoid problems later.

What's the best way to make sure that you aren't forgetting anything? Here's a set of rule to follow:

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