Vic Lin

What is laches (delay) in a TTAB trademark case?

What is laches? Laches is a fancy legal term meaning delay. If there has been delay in filing a TTAB trademark cancellation, laches might be available as a defense against a plaintiff seeking to cancel a trademark registration. Keep in mind that laches in a trademark infringement lawsuit has a different standard than that in […]

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What is a TTAB summary judgment motion?

What is a TTAB summary judgment motion? A TTAB summary judgment motion is a pretrial filing made to request an earlier decision in a trademark opposition or cancellation proceeding before the USPTO. Such a motion is called dispositive since it can potentially dispose of the case. Due to its dispositive nature, summary judgment motions are […]

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What is a patent reexamination?

What is an ex parte (1-sided) patent reexamination request? If you have hundreds of thousands of dollars to fight a patent, you can pursue litigation-like options such as Post Grant Review (PGR) or Inter Partes Review (IPR). If not, an ex parte reexamination request may arguably be the most affordable way to challenge a patent. […]

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Should you file a design patent or utility patent?

Design patent or utility patent? One of the most common questions we get from startup entrepreneurs is whether they should file a design patent or utility patent. While every concept is different, certain general guidelines can help you choose the right patent application. Technical differences between utility and design patents have been discussed here. With […]

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What is a PCT prior art search report (written opinion)?

What is a PCT prior art search report? Patent examiners review PCT applications in the same way that the USPTO examines utility nonprovisional patent applications. In particular, examiners review PCT claims by searching for relevant prior art to determine novelty, nonobviousness and usefulness (utility). The examiner will then summarize findings in a PCT prior art […]

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Why an early trademark filing date matters

Why does an early trademark filing date matter? US trademark law generally regards the first trademark user, and not the filer, as the rightful owner. This distinction makes the US different from many foreign countries which provide the first filer with trademark rights. So if earlier trademark use is the determining factor, why should a […]

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What is a word mark?

How should you file your trademark application? A word mark refers to the type of trademark that can be registered. Also known as a standard character mark, a word mark does not mean that the trademark lacks any stylization. Nearly all trademarks have some degree of design. Filing a trademark application for a standard character […]

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Does your international company need a US trademark attorney?

Is an international company required to use a US attorney for US trademark applications? Yes, the USPTO requires all international companies (i.e., domiciled in a foreign country) to use a US attorney to file or otherwise prosecute trademark applications. This rule applies to Office Action responses, trademark registration renewals and maintenance, and TTAB trademark oppositions […]

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What is a patent rejection?

Has your utility patent application been rejected? If so, welcome to the club. Approximately 90% of utility patent applications will get rejected. Utility applications often receive multiple patent rejections. So do not be disappointed. Rejections are the norm for utility patents. This article will help clarify a patent rejection so that you can form an […]

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Do your products infringe a patent?

Where to start if you have been accused of patent infringement Disruptive and disconcerting – two of the most common emotions experienced by one accused of infringing a patent. Determining whether your products infringe a patent requires a methodical approach. A careful comparison of the patent claims and your accused products will help guide your […]

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