In the course of startup development, as companies form their corporations or limited liability companies (LLCs), protect their trademark through federal registration(link), and start research and development (R&D) of their product, they begin to consider patent protection. Section 101 of title 35, United States Code, provides: “Whoever invents or discovers any new and useful process, […]
During the application process for federal trademark registration, applicants may face challenges or issues in the form of United States Patent and Trademark (USPTO) Office Actions that require resolution before federal trademark application may proceed through the registration process. Once these issues are successfully resolved, or if no issues were raised in the first place, […]
Technology startups who wish to protect their brand name, slogan, or logo often include filing costs as among the primary considerations that drive their federal trademark application drafting and filing strategy. Unlike patents which can costs $5,000 to $15,000 to issue, trademark filing costs are generally more affordable for technology entrepreneurs to manage and budget for. […]
During the trademark search and clearance process technology entrepreneurs must evaluate whether a certain trademark, brand, or logo may infringe with an existing trademark in the same industry. For example, if an entrepreneur, tech startup, or mobile application developer was seeking to launch an app in the field of social networking and call it, “FACEBOOX”, […]
During the early stages of research and development (R&D) in technology startups and software publishing ventures, entrepreneurs, tech startups, and innovation departments in larger companies design and develop new software that becomes central to the companies website and mobile application publishing strategy and business model. In other words, this new software is the stock-in-trade of […]
Most technology startup product development operations inevitably involve development and publishing of a website and mobile application, and almost instinctually, entrepreneurs, mobile application developers, or inventors, consider how to address legal issues in creating reliable Terms of Use, Terms and Conditions, or other legal disclaimers and disclosures for their digital products and platforms. In some cases, the website or […]
During the federal trademark registration process in the United States Patent and Trademark Office (USPTO), entrepreneurs and technology startups inevitably come across the issue of identifying their bona fide date of first use and date of first use in commerce on the federal trademark record. In the racehorse setting of trademark law, the first to […]
Basis for Filing During Federal Trademark Registration Process, whether an application is filed as an intent-to-use or use-in-commerce basis, an option may arise to move the application on to the Supplemental Register as opposed to the preferred Principal Register. What is the Supplemental Register? The Supplemental Register is reserved for certain marks that are not initially eligible for […]
Protecting Patients and Data When Using mHealth Products and Services “mHealth” generally refers mobile health and includes the practice of medicine or communications involving medical data via mobile devices. California Healthcare entities such as private practices, hospitals, health plans, pharmacies, or medical spas, must consider Health Insurance Portability and Accountability Act (HIPAA), Health Information Technology for […]
Trademark Protection Best Practices For Tech Startups What is a SOU and What Now!? Standard USPTO explanation when a Statement Of Use is issued: Intent to Use (ITU) Applicants of Federal Trademark Applications are required to file a Statement of Use before the application matures to registration. In other words, applicants must show bona fide use of the mark […]
Trademark Protection Best Practices For Tech Startups Intent-to-Use Applications The Federal Trademark Intent To Use (ITU) filing system in the United States Patent and Trademark Office (USPTO) is designed to give trademark Applicant’s constructive priority rights in a mark, logo or slogan, but also forces Applicants to show bona fide use of the mark in commerce within […]
Crowdfunding is a federal affair Donation based crowdfunding is the practice of capitalizing a passion project or a commercial venture by raising funds from numerous people (the “crowd”). This is often done through dedicated websites or applications such as Kickstarter, Indiegogo, GoFundMe, and hundreds more. The Federal Trade Commission (FTC) has extended its regulatory power […]
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