Vic Lin

Who can sign trademark applications and filings?

Who can sign trademark applications? The following are the only persons authorized to sign a trademark application: a. a person with legal authority to bind the owner (e.g., corporate officer or general partner of a partnership); b. a person with firsthand knowledge of the facts and actual or implied authority to act on behalf of […]

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What is a trademark class of goods or services?

USPTO Classification of Goods and Services A trademark application cannot be filed without identifying specific goods and/or services. You cannot simply trademark a word or phrase in the abstract without reference to the products sold or to be sold. Accordingly, the USPTO and nearly all other foreign trademark offices categorize particular goods and services under […]

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Can product design (shape) be trademarked?

Can 3D product designs be trademarked? Trademarks are commonly known as names and logos. It may surprise you to learn that three-dimensional product shapes (aka product configurations), designs and features may also be registered as trademarks if they help to indicate source and do not serve any functional purposes. What is the test for registering […]

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Can you patent that?

Can you patent that? This is one of the most common questions I get from new clients. The question is not so much about whether their invention is patentable in terms of novelty and non-obviousness, but whether the subject matter is even eligible for protection. I’ll try to tackle some of the broad categories of […]

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What is a Preliminary Amendment?

What is a Preliminary Amendment? A Preliminary Amendment is a submission filed prior to the issuance of an Office Action in a patent application. The purpose of the Preliminary Amendment is to revise any of the following: specification, abstract, drawings and/or claims. What circumstances warrant a Preliminary Amendment? In a typical US national stage application, […]

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What is a Flat Rate Start-to-Finish Trademark Application?

What is a flat rate start-to-finish trademark application? For trademarks that meet certain requirements, our firm offers a fixed fee for filing a trademark application and prosecuting the application from initial filing to registration. While each IP firm is different, our flat rate start-to-finish trademark application package is offered for marks that meet the following […]

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What Chinese PCT Applicants Should Know About US National Stage Entry

How to enter US national phase Chinese PCT applicants entering the US national stage should understand a few important rules enforced by the USPTO. Deadlines The US has a 30-month national stage deadline. Late national stage entry is possible by filing a petition for revival containing the requisite unintentional delay statement with a petition fee […]

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What to do when your trademark application is suspended

Why does the USPTO suspend trademark applications? Trademark applications filed with the USPTO are processed in the order they were filed, and not according to the dates of first use alleged in the applications. If an application for a similar trademark was filed prior to your trademark application, your application may be suspended pending the […]

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What is an After-Final Response?

What is an after-final response? An after-final response refers to a reply to a Final Office Action that is filed without a Request for Continued Examination (RCE). After-final responses should be used judiciously depending upon the specific circumstances of a particular patent application. It may help to think of an after-final response as an alternative […]

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How to Defend a Trademark Opposition

Why would someone oppose your trademark opposition? The #1 reason a third party would oppose your trademark application is because they believe your mark is too close to theirs. Likelihood of confusion is the most common ground for opposing trademark applications. In such a case, the burden falls on the opposer to show: similarities between […]

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