info@barjos.com

401-273-4446

Offices of Barlow, Josephs and Holmes

INTELLECTUAL PROPERTY NEWS

Here is the latest intellectual property news.

Incorporate Your Idea. How to Develop Your Intellectual Property in the Cayman Islands.

While the patent rules will only be slightly amended to be more protective of innovators[i], the most significant reform is the creation of a new stand-alone trademark system for the Cayman Islands which would not require a first registration in the U.K. or at the European Union level[ii]. Finally,...
Posted on 12 March 2017 | 5:00 pm
Read More

Trade Secrets and Ways to Protect Them

Trade secrets are another type of intellectual property, in addition to patents, trademarks, and copyrights. Trade secret law varies from state to state, though several states, including California, have adopted a version of the Uniform Trade Secrets Act (the "UTSA"), where the term is...
Posted on 8 March 2017 | 5:00 pm
Read More

Generic Marks

One of the requirements to obtain a trademark registration is that the mark must not be generic. A generic mark consists of generic terms, which are common words used to identify goods and services and are often listed in the dictionary. Anyone is allowed to use these terms and thus they are not...
Posted on 8 March 2017 | 5:00 pm
Read More

What Happens After Your Non-Provisional Patent Application Is Filed?

Now that you have filed your non-provisional patent application, what will happen next? Upon filing your application, you should get an application serial number. This is your proof that you have a patent pending. You can now start marketing your products as "patent pending." You can also...
Posted on 8 March 2017 | 5:00 pm
Read More

Defenses to Patent Infringement

There are several defenses to patent infringement, which are important for patent holders to understand the strengths of their case and for the accused to use as a shield. Generally, in patent infringement litigation, patents are presumed to be valid, and defendants bear the burden of proving that...
Posted on 8 March 2017 | 5:00 pm
Read More

The Trademark Application Process

A federal trademark registration provides several benefits not afforded under "common-law" rights. These benefits include: (a) a legal presumption that the registrant is the owner of the mark and that the registrant has the exclusive right to use the mark nationwide with the goods or...
Posted on 8 March 2017 | 5:00 pm
Read More

What can be copyrighted?

Copyright is governed under federal law and gives authors the right to control the use of their works for a limited period of time. In order to be copyrighted, the work must be an original work of authorship, which is fixed in a tangible medium of expression. Copyright protection is available to...
Posted on 8 March 2017 | 5:00 pm
Read More

Trademark Infringement and Remedies

The unauthorized use of a trademark and the remedies available to a trademark owner who can prove infringement.
Posted on 8 March 2017 | 5:00 pm
Read More

Overcoming a Rejection Based on Likelihood of Confusion

The U.S. Patent and Trademark Office ("USPTO") may refuse to register an applicant's mark for several reasons. One possible basis for refusal is a rejection based on likelihood of confusion.
Posted on 8 March 2017 | 5:00 pm
Read More

Provisional Patent Application

Should I file a provisional patent application instead of a regular utility patent application?
Posted on 8 March 2017 | 5:00 pm
Read More