certification mark

CERTIFICATION MARK FOR PUEBLO CHILE AND DESIGN IN PUEBLO, COLORADO

Pueblo Chile Grower’s Association (the “Grower’s Association”) filed for a certification mark to cover Pueblo Chile grown in Pueblo Colorado for fresh chiles.

Requirement to be Represented by a U.S.‑Licensed Attorney

Requirement to be Represented by a U.S.‑Licensed Attorney

The USPTO has provided information concerning a new requirement to be represented by a U.S.‑licensed attorney to conduct business before the USPTO.

registered trademark

Registered trademark for 3D left-hand configuration

Grip Studios applied for the configuration mark described as a 3D “configuration of a hand” for “musical instrument accessories, namely stands, instrument hangers” in Class 15. Drawing and specimen, respectively, to support the application are as follows:

Broadening reissue’s claims has to be limited to what the original claims were intended to cover

Broadening reissue’s claims has to be limited to what the original claims were intended to cover

Forum US, Inc. v. Flow Valve, LLC, 2018-1765 (Fed. Cir. 6/17/2019). This is a decision on an appeal from the W. D. Okla. district court 5:17-cv-00495-F.

New trademark rule for foreign applicants in USA

New trademark rule for foreign applicants in USA

The United States Patent and Trademark Office (USPTO) recently announced a new rule requiring all foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings to be represented by an attorney who is licensed to practice law in the United States.

Federal Government agencies not entitled to file IPR petitions

Federal Government agencies not entitled to file IPR petitions

Precedential patent case law – Return Mail, Inc. v. United States Postal Service, 17–1594 (6/10/2019)

trademark applicants

USPTO seeks nominations for Patent and Trademark Advisory Committees

Nominations must be received by July 12, 2019

original patent

Precedential Patent Case Decision – AVX Corporation v. Presidio Components, Inc.

This is decision on appeal from PTAB case IPR2016-00636. The PTAB held that AVX had failed to establish unpatentability of some claims (“upheld claims”). AVX appealed. The Federal Circuit concluded that AVX lacked standing, and dismissed.

cannabis products

Trademark registration related to cannabis products is still problematic

Cannabis is big business in California and other states, but at this point trademark registration is problematic.

Huawei Device Co., Ltd. v. Optis Cellular Tech., LLC

Huawei Device Co., Ltd. v. Optis Cellular Tech., LLC

Legal issue: 35 USC 316(a)(8), Office Trial Practice Guide, standard for submission of new evidence in support of a request for rehearing. The PTAB relied upon the Trial Practice Guide (TPG), not an enumerated rule, for its precedential holding. That reliance is contrary to a prior policy of the PTAB deeming the TPG to not […]

apple

Apple was granted 63 patents including one for a haptic headset

Apple has been granted 63 patents from the US Patent and Trademark Office. Of the patents granted, one of them describes a device, such as a headset, that can use both audio output and haptics.   

Cannabis-Related Goods

USPTO Issues Examination Guide 1-19 to Update Handling of Cannabis and Cannabis-Related Goods and Services

I.            Introduction As noted in the April 23, 2019 blog, US trademark applications that “identified goods or services involv[ing] the sale or transportation of a controlled substance or drug paraphernalia in violation of the Controlled Substances Act (“CSA”) … would be a basis for issuing an inquiry or refusal.” TMEP §907.  Cannabis products have been considered to […]

women inventors

New report on trends and characteristics of U.S. women inventors

The United States Patent and Trademark Office (USPTO) today released “Progress and Potential: A profile of women inventors on U.S. patents,” a report on the trends and characteristics of U.S. women inventors named on U.S. patents granted from 1976 through 2016.

Laura Peter

Laura Peter – deputy director of the United States Patent and Trademark Office

Secretary of Commerce Wilbur Ross announced the appointment of Laura A. Peter as deputy under secretary of commerce for intellectual property and deputy director of the United States Patent and Trademark Office (USPTO), effective November 13, 2018. Ms. Peter most recently held the position of deputy general counsel of A10 Networks in Silicon Valley and […]

patent activity

Brief summary of precedential patent case decisions – October 2018

Contained herein are summary abstracts of significant new points of law from the precedential decisions in patent cases this month. Bristol-Myers Squibb Company v. Aurobindo Pharma USA Inc., 17-374-LPS and 17-379-LPS (D. Del. 10/18/2018). This is memorandum opinion by the D. Del. district court. Mylan moved to dismiss or transfer, alleging improper venue pursuant to […]