BW INSIGHTS

What is a Designated DMCA Agent, and Why You Need One

By Jordan Meggison-Decker | 12.09.2021
Under the Digital Millennium Copyright Act (“DMCA”) online service providers may be protected from potential claims of copyright infringement if they designate an agent who is to receive notice of infringement claims for material posted on the service providers website or platform. An online service provider is defined in 17 U.S.C. § 512(k)(1)(A)... Read More

Date of First Use Anywhere

By Jordan Meggison-Decker | 06.21.2021
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

By Jordan Meggison-Decker | 08.24.2020
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

USPTO Announces COVID-19 Prioritized Examination Program for Certain Trademark/Service Mark Applications

By David Breiner | 06.16.2020
The United States Patent and Trademark Office (USPTO) recently announced a new COVID-19 prioritized examination program for certain trademark and/or service mark applications.  To qualify, the applications must cover a product that is subject to U.S. Food and Drug Administration (FDA) approval for use in the prevention and/or treatment of COVID-19... Read More

COVID-19 Will Spawn a Slew of New Patent Filings

By David Breiner | 03.26.2020
Currently, we are inundated with information about COVID-19, which is short for coronavirus disease 2019. Coronaviruses are relatively large spherical viruses having projections extending from their outer surface. Once attached to a host cell, the host cell cleaves, allowing the genetic material of the virus to enter the host cell. Once inside,... Read More

Granting of Waivers by The United States Patent and Trademark Office for Abandoned or Canceled Patent and Trademark Applications

By David Breiner | 03.26.2020
The United States Patent and Trademark Office (USPTO) considers the effects of the Coronavirus outbreak to be an “extraordinary situation.” As such, the USPTO has taken steps to reduce certain costs associated with reviving cancelled or abandoned patent and trademark applications. Filing responses and paying fees associated with patent... Read More

Slashing Costs? Don’t Let The Abandonment Of Your IP Portfolio Be “A Permanent Reminder Of A Temporary Feeling.”

By Christopher Proskey | 03.25.2020
Economic crisis, Jimmy Buffett and IP portfolios, here we go. I’ve spent the last two weeks talking with clients, colleagues and friends all over the world trying to wrap my head around the current situation we’re in as a result of the COVID-19 pandemic. These conversations have confirmed the entire world is doing what we’re doing – staying home... Read More

Claiming Color as Part of a Trademark

By David Breiner | 09.19.2019
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

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