Intellectual Property Rights at the Border?
As an intellectual property right owner, you have the right to prevent the unauthorized importation of infringing goods into the U.S. Registered trademarks, trade names, and copyrights can be recorded with the with the U.S. Customs and Border Protection (CBP) Agency. CBP can help trademark and copyright owners of registered and recorded rights to prevent […]
Disparaging, immoral or scandalous trademarks?
An update on our prior blog about “Disparaging, immoral or scandalous” trademarks. As published before The Supreme Court of the United States ruled on June 19, 2018 that disparagement provision of Section 2(a) of the Trademark Act is facially unconstitutional because it violates the Free Speech clause of the First Amendment. Section 2(a) of the Lanham Act […]
CANADA Joins the Madrid Protocol!
Canada became the 104th member of the Madrid System for the International Registration of Marks, which now covers 120 countries. The Madrid Protocol allows US applicants to extend protection of their US applications/registrations to member countries. To qualify under the System the Applicant has to have: A) A real and effective industrial or commercial establishment in a contracting party; […]
Protecting Marijuana brands.
Currently, more than 10 states have legalized marijuana for recreational use and more than 15 have decriminalized recreational marijuana. It all started with Colorado and Washington in 2012. However, at the federal level, the Controlled Substance Act (CSA) prohibits, among other things, manufacturing, distributing, dispensing, or possessing cannabis that meets the definition of marijuana. In […]
Appearance on America Teve in Miami.
We recently appeared on America Teve to discuss the news that Amazon reportedly employs thousands of people to listen to your Alexa conversations. Basically, Amazon’s is giving access to employees and third party vendors to Alexa’s recordings of interactions with users. https://www.americateve.com/videos/1-328832 Related articles Do I need a license to play or stream music […]
Common Mistakes Made by Trademark Owners
In most jurisdictions, the majority of trademark filings correspond to small businesses and entrepreneurs or solopreneurs. When starting a business, solopreneurs are caught up on the demands and needs of getting their business off the ground to a path of growth and most of the times they overlook the following when it comes to trademarks. […]
Attorney Augusto Perera, Esq. volunteering with the South Miami-Kendall Bar Association and Dade Legal Aid’s Put Something Back Pro Bono Project with the “Wills on Wheels” Clinic.
!!Augusto Perera, Esq. volunteered with the South Miami-Kendall Bar Association and Dade Legal Aid’s Put Something Back Pro Bono Project which offered a pro bono “Wills on Wheels!” Clinic on Saturday, December 1, 2018 in the Village of Palmetto Bay. The purpose of the clinic was to assist local residents in need of basic estate […]
US Trademark Office Operating status during government shutdown
Update: for the latest on this topic, read U.S. Federal Government Shutdown: Impacts on Trademark and Copyright Filings. Dear Clients, As you all are aware the federal government is operating under a partial government shutdown, as of today the US Trademark Office remains open for business as normal. This is because the Office has access to […]
Augusto Perera, P.A. participated in the XX Congress of ASIPI recently held in Rio de Janeiro.
Recently we participated in the XX Congress of the Inter-American Association of Intellectual Property or Asociacion Interamericana de la Propiedad Intellectual, ASIPI. The Annual gathering of Intellectual Property Attorneys from Spanish and Portuguese speaking countries was held in Rio de Janeiro, Brazil from November 25-28th. The Annual gathering is an opportunity for us to meet […]
First to file, first to use, and trademark squatters
Update: for the latest on this topic, read First-to-File vs. First-to-Use: Why Understanding the Difference Can Save Your Brand. The United States trademark law is based on the common law first to use in commerce theory. Is the use of the mark in interstate commerce which creates rights over a trademark, not its registration. In […]