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IP4all Weekly Bulletin
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USA
COVID-19 Prioritized Examination Program for certain trademark and service mark applications
The United States Patent and Trademark Office (USPTO) is starting a new COVID-19 prioritized examination program for certain trademark and service mark applications. USPTO will accept petitions to advance the initial examination of applications for marks used to identify qualifying COVID-19 medical products and services.
USPTO – Update on patent subject matter eligibility
The United States Patent and Trademark Office (USPTO) today provided notice of an update to the 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG). The October 2019 Update responds to public comments regarding the 2019 PEG. The update does not change the 2019 PEG, but provides further explanation on how the USPTO applies such […]
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
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 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
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
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
Precedential patent case law – Return Mail, Inc. v. United States Postal Service, 17–1594 (6/10/2019)
USPTO seeks nominations for Patent and Trademark Advisory Committees
Nominations must be received by July 12, 2019
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.
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
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 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.
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 […]
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.