USPTO Proposes Rulemaking To Implement Provisions Of The Trademark Modernization Act

On 18 May 2021, the U.S. Patent and Trademark Office (USPTO) published a notice of proposed rulemaking concerning the Trademark Modernization Act of 2020 (TMA). The USPTO proposed to amend the rules to implement certain provisions of the TMA, as detailed below. The proposed new and amended rules:

establish procedures and fees for ex parte expungement and reexamination proceedings
provide nonuse grounds for cancellation before the Trademark Trial and Appeal Board (TTAB)
establish flexible […]

By | April 17th, 2022 ||

Understanding The Intellectual Property Value Of NFTs

Non-Fungible Tokens, known as NFTs, recently made headlines with sales of individual tokens valued at millions of dollars, comparable to sales of fine art. Christie’s– a “conventional” auction house – sold its first NFT, the piece “Everydays: The First 5,000 Days” by the artist Beeple – for a staggering $69 million.1 Most NFTs sell from merchants without such established reputations. Traders should understand the value of intellectual property, or lack thereof, tied to NFTs.
How NFTs […]

By | April 13th, 2022 ||

Advice From Ben Franklin On Choosing Patent Terms

Beauty is in the eye of the beholder is a catch phrase well known and of ancient origin. Benjamin Franklin even had a wry turn at it in Poor Richard’s Almanack, 1741: “Beauty, like supreme dominion is but supported by opinion.”  As it turns out, however, in the opinion of the District Court of Delaware, “beauty,” or in this case, enhancement of the skin is not a term one ought to have in their patent […]

By | April 7th, 2022 ||