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05/22/2018

The “self-driving” Docket

USPTO autonomous trademark status updates

For many years USPTO Trademark Examiners have been using a tracking system as they handle applications and maintenance. It’s based on a series of codes and descriptions for each step in the life cycle of an application, from “630: Initialized, not assigned to Examiner” to “900: Not renewed”. There ar...

03/31/2018

The Madrid system originated in 1891, and recently reached the milestone of 100 member countries with the accession of Indonesia. For many years membership was concentrated in continental European countries, and a new lease of life was triggered by the adoption of the Madrid Protocol in 1989. The United Kingdom joined in 1995 and the United States in 2003.

Using Madrid for multiple national trademark filings is now mainstream; it...

02/14/2018

As a fan of Banksy it was interesting to read that a federal court in New York has awarded$6.7 million to 21 artists under the Visual Artists Rights Act (VARA).

The murals (don’t call them graffiti) were legally on a large oldfactory building complex in Queens, rented out as artists studios. The buildings were known as 5POINTZ and were a well known tourist attraction and a “graffiti mecca”.

The murals were painted over and...

12/18/2017

Trademark Housekeeping

It’s fashionable these days to concentrate on docketing, and rightly so. Answering Office Actions on time, getting extensions until your client starts to use the mark, filing Section 8 and 15 affidavits, and renewing registrations are important tasks, but only part of the bigger picture.

If your practice is limited to tracking a few US applications, you may be able to get by with o...

11/28/2017

It is still not clear how Brexit will affect trademark rights in the UK and other jurisdictions. Both the EU and the UK Intellectual Property Office (UKIPO) favor the “Montenegro” option under which all EUTM applications and registrations would automatically become UK applications or registrations.

At first glance, this all sounds good, and probably would be the best outcome; but there are substantial hidden costs for all concerned...

12/19/2016

Louis Stevenson Attorney at Law

lstevenson@tmcloud.com

The Digital Millenium Copyright Act safe harbor provision protects Internet Service Providers from liability for infringing works published by third parties on their websites provided that the ISP has supplied the Copyright Office with details of their designated Agent. The procedure for doing this was updated and much improved by changes intro...

10/18/2016

Louis Stevenson Attorney at Law

lstevenson@tmcloud.com

It may be time to replace your trademark software.

Most trademark practitioners in firms and corporate legal departments are still using trademark docketing systems that are 15 to 20 years old. You may have bought it a few years ago, but getting an “old established” system is not a recommendation for software. Would you use a 10 year old...

07/13/2016

Louis Stevenson Attorney at Law

lstevenson@tmcloud.com

One of the biggest complaints you hear about trademark docketing and management software is the difficulty of running reports. Most systems provide a selection of standard or “canned reports” but canned reports has become a pejorative term; it seems no-one likes them and they can’t usually be changed. “Custom” reports are just as bad; the exper...