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15 Aug '14Originally I saw this question in an Avvo forum and it is a common question of my own trademark application clients. With respect to goods, generally, one of the requirements to successfully register a federal trademark is a need to have actual sales of the goods in association with the proposed mark on or before […]
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Did you know all laws passed by Congress, the legislature of the United States, must have a power source in the U.S. Constitution? The various patent acts, i.e. the body of patent statutes (laws), passed by Congress over the years all must owe their validity to an enumerated power spelled out in the U.S. Constitution. […]
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29 Jul '14
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In patent law there is a very important rule, “rule 56” as we colloquially refer to it. Technically this rule may be found at Title 37 of the Code of Federal Regulations, section 1.56, i.e. 37 CFR section 1.56. Under this rule, the inventor, the applicant, and the patent attorney all have a duty to […]
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In the context of obtaining a patent, a “search” is a professional search of various online databases for inventions that are similar to your invention. The name of such searches varies within our industry, but at our office we call such searches a “Prior Art Search,” and is also often called a “Novelty Search” (and […]
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Do I Need Actual Sales to Successfully Register a Trademark or Is An Offer to Sell Enough?
Searches – What is a Search and Why Order One?
You Mean I Have to Tell Them What! Your Duty to Disclose Under Rule 56
Avvo Q & A’s Answered by Attorney Eric Kelly
What Does the U.S. Constitution Have To Do With Patent Law?