Category Patents, Trademarks & Copyrights

Is an NFT Intellectual Property?

The terms “NFT”, “bitcoin”, “blockchain”, and “cryptocurrency” have exploded in the last few years. From brands using NFTs as promotional opportunities to creators using NFTs to monetize their content, these terms are rampant. Although they can be confusing, each term has a specific meaning which indicates how it works and how it can affect... Read More

USPTO Terminates Global Patent Prosecution Highway with the Russian Federal Service for Intellectual Property (Rospatent)

What is the GPPH? The Global Patent Prosecution Highway (GPPH) is an examination regime that enables expedited patent protection in foreign countries.  Under the GPPH, participating patent offices have agreed that when an applicant receives a final ruling from a first patent office that at least one claim is allowed, the applicant may request fast... Read More

Viral TikTok or Copyright Infringement Lawsuit?

Since 2016, TikTok has grown to be a popular platform for viral content creation. TikTok allows short-form video posts and encourages users to engage with the videos. The software then attempts to personalize each user’s experience by showing them videos like those they have enjoyed in the past. Part of what makes each short-form video interesting... Read More

Trademark Symbols – “®” “TM” “SM” – What Do They Mean and When Should I Use Them?

I’m often asked the question “What do the Trademark Symbols – “®” “TM” “SM” – mean, and when should I use them?” Only One Rule: There is only one rule that you have to follow when it comes to the use of trademark symbols, and that is: You cannot use the “®” symbol unless and until the trademark is officially registered by the United States Patent... Read More

Date of First Use Anywhere

  There are two dates that must be specified in every trademark/service mark application. They are, the date of first use anywhere and the date of first use in commerce. TMEP 903.03. The date of first use anywhere will always be earlier than or the same as the date of first use in commerce. Id. The date of first use anywhere is the date when goods... Read More

Trademark Consent and Coexistence Agreements

  Usually, an entity registers their trademark to prevent consumer confusion and/or unpermitted use of their valuable branding. However, due to the sheer volume of new businesses annually and their tendency for rapid growth, it is not uncommon for two or more companies to use extremely similar marks without knowledge of the others’ existence. Most... Read More

The United States Patent and Trademark Office Announced a New COVID-19 Prioritized Examination Pilot Program

  The United States Patent and Trademark Office (USPTO) announced a new COVID-19 Prioritized Examination Pilot Program.  Under this new pilot program, the USPTO will grant requests for prioritized examination to patent applicants that qualify for small or micro entity status without payment of the typical fees associated with other prioritized... Read More

BrownWinick Law Firm Ranked in U.S. News - Best Lawyers 2020 "Best Law Firms" List

BrownWinick has been included in the U.S. News – Best Lawyers® 2020 "Best Law Firms" rankings[i]. The tenth edition of the U.S. News & World Report and Best Lawyers® released the 2020 "Best Law Firms" rankings on November 1, 2019. Firms included in the 2020 "Best Law Firms" list are recognized for professional excellence with persistently... Read More

Claiming Color as Part of a Trademark

A trademark is a symbol used in commerce to identify a source of goods and services. This symbol often takes the form of a logo, word(s), and/or phrase. Trademark protection comes from using a trademark in commerce. However, trademark protection may be enhanced by filing the trademark with the United States Patent and Trademark Office (USPTO).  A... Read More