Can I register the name, portrait, or signature identifying a particular living individual?
The short answer is yes, with written consent. More often than not, small business owners and entrepreneurs decide to use their name or last name to identify their products or services being provided. Trademark registration will be refused if consists of or comprises a name, portrait, or signature identifying a particular living individual except by […]
Update on the Booking.com Case and the use of generic trademarks and top-level domain names
In a most expected decision, on June 30, 2020, The Supreme Court of the United States ruled that adding “.com” to a generic word can make the entire combination eligible for trademark protection. Thus, affirming The U.S. District Court for the Eastern District of Virginia decision reversing the denial of registration by the USPTO of booking.com […]
Who owns the copyright on a photograph?
Very often we get asked this question about who own the copyrights on photos. The simple answer is the person, that is a human, who takes the photograph. As a general rule, photographing others without their consent is prohibited by law. However, since there is no right to privacy in public places such as streets, […]
Can I prevent others from reselling my trademarked products?
In the U.S. “courts have recognized a basic limitation on the right of a trademark owner under the Lanham Act to control the distribution of its own products.” See Prestonettes, Inc. v. Coty, 264 U.S. 359, 44 S.Ct. 350, 68 L.Ed. 731 (1924), courts have consistently held that, with certain well-defined exceptions, the right of a producer to control distribution […]
Can I Copyright the design of a face mask?
Most likely no. “Copyright protection for the designs of useful articles is extremely limited. The design of a useful article is protected under copyright “only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian […]
USPTO issues a Notice of Waiver of Trademark-Related Timing Deadlines.
Please note that the USPTO Remains Open for Filing Documents and Fees. UPDATED APRIL 30th. However, yesterday March 31, 2020, EXTENDED ON APRIL 30th, in accordance with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the United States Patent and Trademark Office (USPTO or Office) issued a Notice extending the time to file […]
Can I protect as trademark Coronavirus, COVID-19 or SOCIAL DISTANCING?
In short, most likely no. Would you be able to prevent others from using said terms, also no. As of today March 20, 4 trademarks using the term Social Distance, 18 using the term CORONAVIRUS, and more than 17 using the term COVID-19 have been filed with the US Trademark Office. Marks such as CORONAVIRUS […]
Augusto Perera, P.A. at the “Digital Business, the New Frontier” organized by (ASIPI) in Montevideo, Uruguay.
We recently had the opportunity to participate in the Seminar “Digital Business, the New Frontier” organized by the Inter-American Association of Intellectual Property (ASIPI) in Montevideo, Uruguay, March 8 to 10. Started with Key note Speaker: Alexis “Pulpo” Viera, ex soccer player (Uruguay) and his heart breaking story of “Making Possible the Impossible”. Great opportunities for […]
My trademark was rejected because was considered to be ornamental what can I do?
Under the Trademark Act, a “Subject matter that is merely a decorative feature does not identify and distinguish the applicant’s goods and, thus, does not function as a trademark. A decorative feature may include words, designs, slogans, or trade dress. This matter should be refused registration because it is merely ornamentation and, therefore, does not […]
Can I trademark a design of a product?
This is one of the most difficult trademarks to register. A recent Trademark Trial and Appeal Board (TTAB) decision is illustrative on how the US Trademark Office treats product configuration applications. On May 2019 the TTAB In re Creative Edge Design Group, Ltd., Serial No. 87287662 affirmed the refusal, under Section 2(e)(5) finding the design […]