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Cohen Law > Blog (Page 2)

PRINCIPAL VS. SUPPLEMENTAL TRADEMARK REGISTER DIFFERENCES

Within the United Stated Patent and Trademark Office, there are two separate trademark “registers” that exist, namely the Principal and the Supplemental.  Typically when an applicant files a new trademark application, that application when ultimately approved and issued is defaulted to be on the Principal Register.  However, under some circumstances during the prosecution of the application, the examiner may recommend, or the applicant may have to voluntarily amend the application to the Supplemental Register.  Generally, “descriptive” marks are not entitled to the Principal register and instead must go on the Supplemental Register. The question becomes what is the difference between the...

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Types of Patent Searches and Opinions

It is not commonly known by many inventors that there are different types of patent searches and opinions depending upon the reason for the search. Namely there are four varieties of patent searches: 1) Novelty (patentability); 2) Freedom to Operate (FTO); 3) Non-infringement; and 4) Validity. 1. Novelty or Patentability Search Novelty searches tend to be the most common search requested. Simply stated, this type of search and opinion is conducted to determine the likelihood of getting a patent through the United States Patent and Trademark Office (USPTO). The question asked is whether the invention is patentable through the USPTO, but does...

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Blac Chyna Trademark Opposition with the Kardashians

Hollywoodlife.com recently asked us questions in an interview regarding Blac Chyna’s attempt to utilize the Kardashian name in a trademark.  It turns out the Kardashian family is not too keen on soon to be relative, Blac Chyna using the family name for business purposes. Blac Chyna is set to marry Rob Kardashian in 2017, and just recently filed an “intent-to-use” trademark application for “ANGELA RENEE KARDASHIAN” connected to advertising and entertainment services. While the trademark office (United States Patent and Trademark Office) did not have an issue with the application and issued a Notice of Publication, the various Kardashian business...

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LA Business Journal’s IP Roundtable Interview with Cohen IP Law Group

Michael Cohen of Cohen IP Law Group PC has been featured in the November 14th, 2016 edition of the Los Angeles Business Journal’s Intellectual Property & Licensing Law Roundtable, “What Businesses Need to Know”.  Mr. Cohen discussed a variety of IP issues impacting business ranging from IP protection strategies to recent Supreme Court cases.  The article can be viewed here: IP Roundtable Los Angeles Business Journal...

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Is a LLC or Corporation Better for a Startup Company?

What type of business entity should be formed for a startup company, and which are preferred by investors, angels, or venture capitalists?  The common convention is that VCs tend not to like limited liability companies (LLCs) and prefer a C-corp over most other entity types.  Some of the reasons for that is because VCs tend to not like pass-through entities, and LLC are for the most part treated as partnership pass-through entities for tax purposes.  Further, LLCs do not allow for different classes of stock such as preferred stock (which is what most VCs require), many other instruments of ownership...

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Cohen IP Law Group, P.C. named Trademark Infringement Law Firm of the Year in California 2016

Cohen IP Law Group, P.C. is proud to announce that it has been named as the winner of the Boutique category – Trademark Infringement Law Firm of the Year in California – 2016 by Global Law Experts (GLE) www.globallawexperts.com. Over recent months, GLE has conducted its extensive nomination and research process for the 7th Annual Global Law Experts Awards. The shortlisted candidates were judged on client testimonials, key cases, legal rankings, overall reputation, publication contributions, speaking engagements and the performance and standing of teams and individual lawyers. During the recommendations stage GLE received over 120,000 responses from business directors, in-house legal counsel, independent law firms, high...

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Defend Trade Secrets Act

The Senate and the House of Representatives passed the Defend Trade Secrets Act, a new federal law that governs intellectual property disputes. President Obama previously indicated that he will sign DTSA into law.  Previously, trade secret disputes were based only in state law, but the passage of the new federal law creates a uniform trade secret statute over all fifty states. For the first time, civil litigants may bring a claim under the Economic Espionage Act of 1996. The federal courts have the authority under the new law to issue ex parte seizure orders to prevent dissemination of a trade...

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Hashtags and Trademarks

The Wall Street Journal reported today that trademark applications for hashtags increased exponentially in 2015. Hashtags are words or phrases that are preceded by the pound symbol (“#”) to classify a topic of conversation on social media platforms. Social media platforms like Twitter, Instagram, and Facebook have become essential marketing tools. Businesses routinely use hashtags as a promotional device on social media to advertise its goods and services. For example, Nike uses hashtags for its slogans or new products, for example, #justdoit and #LunarEpic. The primary purpose of using a trademark is for a business to indicate a source of origin for its goods and services to the...

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El Chapo and his Trademarks

Just wrapped up an interview with Noticias 62 about Joaquin “Chapo” Guzman, the notorious drug lord who was recently captured, and trademark issues related to him believe it or not.  Evidently, his family has filed for several trademark applications in Mexico throughout the years, many of which have been rejected by the Mexican Institute of Industrial Property aka the Mexican trademark office.   The rejection was based on Mexico’s trademark law that prohibits the registration of trademarks that are contrary to morality and decency, namely that El Chapo signifies a person who is wanted by the authority for committing various crimes....

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