Can You Submit Color Drawings in a Utility Patent Application?
It depends. Normally, in a utility patent application, drawings (required if necessary to understand the subject matter sought to be patented (35 USC 113)) are limited to black and white. However, color drawings can be submitted if color drawings are “the only practical medium by which to disclose the subject matter sought to be patented […]
The Perils of Joint Inventors Without An Ownership Agreement
“I’d like to reward my friend/colleague/investor by listing them as an inventor on the patent application.”While a seemingly insignificant gesture, such an action could have grave consequences.Not only can improper inventorship lead to your patent being invalidated, but in the absence of any ownership agreement, your friend/colleague/investor will have the ability to exploit the invention […]
Trademark Application Abandoned? – You Might Be Able To Revive Your Application
The USPTO allows one to revive an abandoned trademark application for failure to respond to an office action, under two circumstances:You did not receive the Office action; orYour failure to respond timely was unintentionalThe deadline to file the Petition is 2 months from the issue date of the notice of abandonment of the trademark application […]
False Addresses in a Specimen of Use = Fraud
In a recent decision of the Trademark Trial and Appeal Board, Look Cycle International v. Kunshan Qiyue Outdoor Sports Goods Co., Ltd. (Cancellation No. 92079409), August 9, 2024, the trademark registration BLOOKE (Registration No. 6683483) was cancelled by the TTAB due in part to fraud committed on the USPTO.”Fraud in procuring or maintaining a trademark […]
GSN Patent Attorneys to make CLE Presentations in July 2024
Julia M. FitzPatrick, Patent Attorney, andFabian M. Nehrbass, Patent Attorney,will conduct a 50-minute continuing legal education presentation regarding Copyright/Trademark/Patent Law with a focus on bars and distilleries,at the Tales of the Cocktail Foundation’s first-ever Continuing Legal Education (CLE) Course taking place on Saturday, July 20, 2024, from 9:30 a.m. to 5:30 p.m. at The Ritz-Carlton, New […]
Non-compete clauses in agreements violate federal law
We first posted about the FTC’s position on noncompete agreements on 6 June 2023: Non-compete clauses in agreements likely violate federal law. Now the FTC has adopted a new rule effectively banning noncompete agreements in the US. See https://www.ftc.gov/legal-library/browse/rules/noncompete-rule (slightly edited text of webpage announcement reproduced below): Noncompete Rule [Webpage announcement on FTC website above] […]
Julie R. Chauvin and Fabian M. Nehrbass have been named partners
GARVEY, SMITH & NEHRBASS, PATENT ATTORNEYS, L.L.C. is pleased to announce that Julie R. Chauvin and Fabian M. Nehrbass, both patent attorneys, have been named partners in the firm. GSN PA is the largest law firm in Louisiana composed entirely of patent attorneys. Julie was born and raised in New Orleans and attended St. Martin’s […]
GSN Patent Attorneys to make CLE Presentations in December 2023
Julie Rabalais Chauvin, Patent Attorney, andSeth M. Nehrbass, Patent Attorney,will conduct a one-hour continuing legal education presentation entitled:“Common IP Hurdles Encountered by Business Ownersat the 2023 New Orleans Bar Association’s Procrastinators’ Programs℠.Thursday, December 28, 2023 / 4:50 p.m. – 5:50 p.m.Pan Am Building, 11th Floor Conference Center,601 Poydras Street, New Orleans. The presentation will include […]
Logo as a Trademark – Make Sure to Own Copyright As Well
In general, a trademark can be 1) a standard character mark or 2) a stylized mark. A standard character mark typically consists of one or more words. A stylized mark can include words, but also includes a specific font, layout, color scheme, and/or logo. A stylized mark can also just consist of a logo without […]
Beware of New Trademark Scams:
For years our clients have gotten e-messages, usually from other countries, alleging (presumably untruthfully) that someone else was planning to register companywebsite.cn or companywebsite.hk or something similar. The goal of the e-message senders was to get our clients to pay for domain names that they did not need. There is a new twist on this […]