Does An Inventor Have to Apply In Person?
March 17, 2009 by Andrew P. Lahser, Phoenix Patent Attorney
My brother has created an item of apparel that he would like to patent, however there are no patent attorneys in Augusta, GA. I thought that I could handle it in my area (Ocean County, NJ) but I can’t believe that there are no patent attoreys near me. I recently moved to this area from New York City, where every service is at your fingertips. Hard to get used to. Can you tell me how to patent without visiting an attorney’s office?
No, you do not need to apply for a patent in person, you must apply in writing to the US Patent Office. Usually, you do this through your attorney. Your attorney will write a patent filing (patent application) and submit it on your behalf. It is not typically necessary to meet with an attorney in person. Simply call and interview your attorney by phone.
Since you mentioned clothing (apparel), it is worth mentioning that apparel may be difficult to patent. Next to cooking, clothing is one of the oldest arts known. Because so many people have invented clothing of all types before your brother, this can make it more difficult go receive a patent. Remember, something about the apparel has be be new (invented) to receive patent protection.
Also, you might want to check out the guide on “How to find a Patent Attorney.” I suggest in that guide that the a patent attorney you select should understand your invention and its technology. A patent attorney that is well versed in clothing may be able to help you determine if anything about your apparel is new.
How to respond to a trademark office action that refuses or rejects your trademark application.
March 12, 2009 by Andrew P. Lahser, Phoenix Trademark Attorney
When responding to a trademark office action, you need to consider:
- any statements you submit to the Trademark Office may be later used against you;
- the statements of the trademark examining attorney might be used against you if you do not present argument or evidence to clarify or rebut the examiner’s position;
- if there is a “likelihood of confusion” with another trademark;
- if the trademark may be “descriptive” or generic term for the stuff in your goods and services;
- any other grounds for refusal, for example, formalities, trademark samples, ornamentation, geographic significance, deceptiveness, false connections, etc.;
- what kind of evidence was presented by the trademark examiner;
- what types of evidence are available to you to support your trademark;
- what will be the impact of limiting or clarifying your trademark;
- what relationship you have to any third-party who’s trademark may be mentioned in the office action; and
- whether and how you should interview the trademark examiner.
Stopping a Department Store from Using your Logo
March 9, 2009 by Andrew P. Lahser, Arizona Trademark Attorney
What can i do if a department store is using my company logo?
A large chain department store has used my logo on a t-shirt design that they are now selling at all there store locations and on the internet. My logo was created 3 years ago. It was printed on shirts and has been published on lots of entertainment projects.
How to use the ® and TM Symbol
March 5, 2009 by Andrew P. Lahser, Arizona Trademark Attorney
Can I legally use the TM symbol before I apply for a trademark registration? [Read more]
How to Defend a Trademark Opposition brought by a Major Corporation
March 5, 2009 by Andrew P. Lahser, Arizona Trademark Attorney
What do I do if a big company is opposing my trademark? I do not have the money to hire very expensive lawyers. So they win right? [Read more]