Trademark scams: how to avoid them and what to do if you get fooled; USPTO Webinar, Thursday, April 27, 2023 2 PM - 3:30 PM EDT

 "Trademark scams: how to avoid them and what to do if you get fooled

Trademark scams are on the rise, and bad actors are using increasingly devious and creative means to fool USPTO customers. Whether you're a trademark owner, applicant, or practitioner, you'll want to register for this important webinar on April 27, from 2-3:30 p.m. ET.

During an engaging panel discussion, our experts will give you practical tips for protecting yourself, your brand, and your clients from bad actors who:

• Trick trademark owners into paying unnecessary fees
• Engage in unauthorized conduct
• Spoof legitimate attorneys and entities
• Commit other fraudulent activities

A 30-minute question-and-answer session will follow the panel discussion. You may submit your questions before the event to TMWebinar@uspto.gov

We'll post a recording of this event to this page within three weeks of the event. All registrants will receive an email with the video link when it is ready.

Register today

Speakers

• Sarah Franz, Staff Attorney, Electronic Filing and Public Web Services
• David Mayer, Staff Attorney, Trademark Legal Policy Office
• Dustin Bednarz, Staff Attorney, Trademark Legal Policy Office"

#WeWednesday from Phoenix: Finding options to fund your business; United States Patent and Trademark Office; February 22, 2023 at 11:30 AM MT, 1:30 AM ET

United States Patent and Trademark Office; #WeWednesday from Phoenix: Finding options to fund your business

"Calling all current and future women entrepreneurs! Join us for our next #WEWednesday event virtually or in person at the Phoenix Bioscience Core, known as 850 PBC, located in Phoenix, Arizona on Wednesday, February 22 at 11:30 a.m. MT.

The event will kick-off with a fireside chat between Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) and Sally Morton, Executive Vice President & Professor, ASU Knowledge Enterprise, and will be followed by a panel of experts sharing stories and tips on how to secure options for funding a small business. 

Confirmed speakers:

• Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO
• Alika Kuma, Executive Director, Arizona MBDA Business Center
• Crys Waddell, Creative Strategist and Chief Operating Officer, Hustle PHX
• Keneshia Raymond  Director of Programs and Access to Capital, Startup Tucson
• Shruti Gurudan, Partner, Rose Law Group & Co-Founder, Televëda 
• Tracy Lea, Director of Venture Development, J. Orin Edson Entrepreneurship + Innovation Institute (emcee)"

Register today

USPTO introduces new tool to help creators identify their intellectual property; United States Patent and Trademark Office (USPTO), January 18, 2023

United States Patent and Trademark Office (USPTO); USPTO introduces new tool to help creators identify their intellectual property

"Today at the U.S. Patent and Trademark Office’s (USPTO) Women’s Entrepreneurship (WE) event in Naples, Florida, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office Kathi Vidal announced the launch of the agency’s new Intellectual Property (IP) Identifier tool. This user-friendly, virtual resource— designed for those who are less familiar with IP—enables users to identify whether they have IP and the IP protections they need to support and advance their business, invention, or brand. The IP Identifier serves as an important foundation for an innovator, entrepreneur or creator’s IP journey. In addition to the tool helping identify a person’s or company’s intellectual property, it provides easily digestible information on intellectual property – patents, trademarks, copyrights, and trade secrets. 

“Protecting your IP is a smart and necessary business strategy, and the IP Identifier is a great starting point for those new to IP,” Director Vidal told the audience at the WE event. “This resource will equip entrepreneurs with a basic understanding of the IP they have and will lead them to resources to protect it. We encourage everyone who is considering starting a business or trying to grow one to utilize this tool. It’s another example of our work to bring more people into the innovation ecosystem to increase American competitiveness, grow the economy, and solve world problems.” 

The IP Identifier is comprised of two modules: The Basic IP Identifier; and the Advanced IP Identifier. The Basic IP Identifier module consists of six simple questions that allow users to quickly assess the type of IP they should protect. The Advanced IP Identifier module allows users to learn about their specific type of IP and obtain links to additional resources, including how to file an application for protection. A third module, Managing your IP assets, is currently under development. 

Companies benefit from having IP protection. When used as collateral, a company’s first patent increases venture capital funding by 76 percent over three years and increases funding from an initial public offering by 128 percent. It can also help serve as a recruiting tool: The approval of a startup’s first patent application increases its employee growth by 36 percent over the next five years. Further, protecting your IP can also increase your market share – a new company with a patent increases its sales by a cumulative 80 percent more than companies that do not have a patent.

The IP Identifier was announced as part of USPTO’s recently-launched Women’s Entrepreneurship (WE) initiative, a community-focused, collaborative, and creative initiative to inspire women and tap their potential to meaningfully increase equity, job creation, and economic prosperity. WE includes a new online hub for aspiring women entrepreneurs that provides key information on how to get started, how to identify and protect their intellectual property, and how to secure options for funding and how to build and maintain a network."

USPTO seeks public comments on draft 2022-2026 Strategic Plan; United States Patent and Trademark Office, January 6, 2023

 United States Patent and Trademark Office; USPTO seeks public comments on draft 2022-2026 Strategic Plan

"The United States Patent and Trademark Office (USPTO) is seeking public comments on the draft 2022-2026 Strategic Plan. We are working to drive innovation, entrepreneurship, and creativity for the benefit of all Americans and people around the world. Guided by this mission and vision, the USPTO 2022–2026 Strategic Plan sets forth five goals: drive inclusive U.S. innovation and global competitiveness; promote the efficient delivery of reliable intellectual property (IP) rights; promote the protection of IP against new and persistent threats; bring innovation to positive impact; and generate impactful employee and customer experiences by maximizing agency operations. 

“If we can expand the number of inventors by four-fold, we can grow our economy and GDP by $1 trillion,” remarked Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “Guided by our new plan, we will work across government and with stakeholders to drive innovation, entrepreneurship, and creativity, create jobs, and enhance global competitiveness and national security.” 

We welcome comments on all aspects of the draft plan and ask that you please provide them via email to strategicplan@uspto.gov by January 31, 2023. The final strategic plan for FY 2022-2026 will be posted on the Strategic Planning webpage of the USPTO website in spring 2023. 

For more information on the USPTO’s proposed 2022-2026 Strategic Plan, please visit the Strategic Plan webpage of the USPTO website."

Women's Entrepreneurship event: How to identify and protect your intellectual property (IP) for business success; United States Patent and Trademark Office

United States Patent and Trademark Office ; Women's Entrepreneurship event: How to identify and protect your intellectual property (IP) for business success

"Save the date for this #WEWednesday event!

Join us at our next Women’s Entrepreneurship (WE) event on January 18, 2023, virtually and in Naples, Florida. We will welcome leaders in the intellectual property (IP) community and women entrepreneurs who will share their stories and tips on why protecting your IP—via patents, trademarks, copyrights, or trade secrets—is key to starting and maintaining a successful business.

Confirmed speakers:

• The Honorable Kate O'Malley (Ret.), U.S. Court of Appeals for the Federal Circuit; Of Counsel, Irell & Manella
• Chrissybil Boulin, Founder, Jump Start Tutoring Center
• Vaishali Udupa, Vice President, Associate General Counsel of Litigation, Hewlett Packard Enterprise; incoming Commissioner for Patents, USPTO (January 17, 2023)
• Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO

Register to attend in person or virtually here: Women's Entrepreneurship (WE) Wednesday Event

This series welcomes all entrepreneurs and aspiring entrepreneurs who are interested in learning more about succeeding in business, including information on identifying and protecting your intellectual property, securing options for funding, and expanding your network.

The USPTO and Department of Commerce recently launched WE, a community-focused, collaborative, and creative initiative to inspire women and tap their potential to meaningfully increase equity, job creation, and economic prosperity. WE includes a new online hub for aspiring women entrepreneurs to obtain key information on how to get started, identifying and protecting their intellectual property, options for securing funding, and building and maintaining a network. For questions about this initiative, contact we@uspto.gov"

USPTO and Copyright Office Announce Joint Study and Request for Comment on the Impact of NFTs on Intellectual Property Rights; Ropes & Gray, December 23, 2023

Ropes & Gray; USPTO and Copyright Office Announce Joint Study and Request for Comment on the Impact of NFTs on Intellectual Property Rights

"An NFT is a unit of data stored on a blockchain that offers a unique certificate of ownership of a digital asset. They frequently represent real-world assets like art, music, and videos protected by intellectual property rights.

The interplay between NFTs and intellectual property rights has been the subject of a flurry of lawsuits over the last few years. Nike is embroiled in litigation with StockX in the Southern District of New York (S.D.N.Y) based on allegations that StockX created NFTs displaying Nike’s trademarks without authorization. Another S.D.N.Y. court recently denied an artist’s motion to dismiss trademark infringement, dilution, and cybersquatting claims brought by fashion brand Hermès over the creation of NFTs that depict the company’s Birkin bags and are branded as “MetaBirkins.” In November 2021, production company Miramax brought copyright and trademark infringement allegations against director Quentin Tarantino in the Central District of California over Tarantino’s alleged plans to auction off “exclusive scenes” from the 1994 movie Pulp Fiction in the form of NFTs. In another California lawsuit, rapper Lil Yachty claims that two music companies used his name and likeness without his permission to raise $6.5 million in venture capital funds for a line of NFTs. Yuga Labs, the creators of the popular Bored Ape Yacht Club (BAYC) NFTs, brought trademark infringement allegations in the Central District of California against another NFT creator for creating and selling a line of NFTs using BAYC imagery.

In June, the top two members of the Senate’s intellectual property subcommittee, Sens. Patrick Leahy, D-Vt., and Thom Tillis, R-N.C., called for the USPTO and Copyright Office to study NFTs and their impact on intellectual property rights in light of their growing popularity. “NFTs can be found in nearly all spheres — from academia to entertainment to medicine, art and beyond,” the letter states. “Thus, it is imperative that we understand how NFTs fit into the world of intellectual property rights — as said rights stand today and as they may evolve as we move into the future.”"

How to Trademark a Name; Money, November 29, 2022

By: Christopher Ricci 

Editor: Gabriel Sánchez Vissepó, Money

; How to Trademark a Name

"Ensure the name you want to trademark isn’t already taken

Before applying for a trademark, ensure that no one else has registered a similar name. Any similarity will invalidate your application efforts because the USPTO can’t allow two companies to have the same or similar names.

This is why a trademark search comes in handy. The USPTO has a database of trademarks, both registered and pending. You can use the Trademark Electronic Search System (TESS) to conduct a USPTO trademark search in the database.

A trademark attorney can help you conduct a more thorough search, as professional searches go beyond the regular USPTO trademark database. The attorney can also check common law trademarks, state trademarks, foreign trademarks and pending applications to minimize the risk of applying for an already registered trademark and avoiding an expensive mistake."

United States: New Trademark Office Action Deadlines Initiated 12/3/2022; Mondaq, December 15, 2022

Falkner Werkhaven, Mondaq; United States: New Trademark Office Action Deadlines Initiated 12/3/2022

"While those of you who frequently work with trademarks are already aware, the USPTO new three month deadline to respond to Trademark Office Actions began last Saturday, December 3. For those of you who do not frequently work with Trademark Applications, this new deadline may be news to you and is half the response time of the previous six month deadline. The vast majority of Office Actions now issued will have three month response times.

Two major exceptions apply to this rule."

Mariah Carey can't be the only 'Queen of Christmas,' the trademark agency rules; NPR, November 18, 2022

Rachel, Treisman, NPR; Mariah Carey can't be the only 'Queen of Christmas,' the trademark agency rules

"Earlier this week, the Trial Trademark and Appeal Board finally made a "judgment by default," rejecting Carey's trademark request."

Celebrating LGBTQ+ Inventors and Entrepreneurs; United States Patent and Trademark Office (USPTO), June 27, 2022

United States Patent and Trademark Office (USPTO); Director's Blog: the latest from USPTO leadership; Celebrating LGBTQ+ Inventors and Entrepreneurs

"This month, the U.S. Department of Commerce is celebrating the LGBTQ+ community and paying tribute to the many LGBTQ+ entrepreneurs and innovators who help fulfill the promise of America for all.  Below we share the stories of a few leaders in the community and ways in which our agencies are advancing inclusive innovation for the betterment of society."

Ohio State University secures trademark for use of the word 'THE' on clothing; The Columbus Dispatch, June 22, 2022

Aaron Skubby, The Columbus Dispatch; Ohio State University secures trademark for use of the word 'THE' on clothing

"What happens now that The Ohio State University has its trademark?

The trademark approval now gives Ohio State permission to use THE for “clothing, namely, t-shirts, baseball caps and hats; all of the foregoing being promoted, distributed, and sold through channels customary to the field of sports and collegiate athletics.”"

Webinar: Proud Innovation 2022, part one: From ideas to innovations; United States Patent and Trademark Office (USPTO), Wednesday, June 15, 2022 3 PM - 4:05 EDT

Proud Innovation 2022, part one: From ideas to innovations 

Image

Do you have an idea you want to bring to life? Join the United States Patent and Trademark Office (USPTO) to get inspired by successful innovators turning concepts into creations. Register for the free, online Proud Innovation 2022 series, part one: From ideas to innovations.

The Proud Innovation series highlights the accomplishments of LGBTQIA+ innovators, entrepreneurs, and small business owners who are using their intellectual property to promote advancements and serve as mentors.

This page will be updated with speaker biographies as the event approaches.

Agenda

(All times ET)

3-3:05 p.m. Program welcome and overview    

• Sean Wilkerson, Innovation Outreach Program Manager, USPTO 

3:05-3:10 p.m.  Leadership greetings  

3:10-4 p.m.  Panel discussion: How to transform your idea into reality  

Hear how these innovators are using their experiences and inventions to build a better tomorrow:

• Arianna T. Morales, Ph.D., Staff Research Scientist, General Motors R&D Center
• Suma Reddy, Co-Founder and CEO, Future Acres 
• David Taubenheim, Senior Data Scientist, NVIDIA 
• Theodore ‘TJ’ Ronningen, Ph.D., Chair, Out to Innovate; Research Scientist, Ohio State University (moderator)

4-4:05 p.m. Wrap-up and resources   

• Sean Wilkerson, Innovation Outreach Program Manager, USPTO 

Arianna T. Morales, Ph.D., Staff Research Scientist, General Motors R&D Center

Save America’s Patent System; The New York Times, April 16, 2022

THE EDITORIAL BOARD, The New York Times; Save America’s Patent System

"Let the public participate. For too much of its history, the patent office has treated inventors and companies as its main customers while all but ignoring the people whose lives are affected by patenting decisions. That needs to change. Officials can start by appointing more public representatives to the patent office’s public advisory committee. Right now, six of the committee’s nine members are attorneys who represent commercial clients or private interests; only one works in public interest.

Officials should also establish a public advocate service similar to the one that exists at the Internal Revenue Service and should make a concerted effort to ramp up their public outreach. “The patent system has gotten so complicated that it’s impossible for anyone who’s not an inventor or a lawyer to penetrate it,” said Mr. Duan.

The patent system affects everyone, though. It’s time the people in charge of it recognize that."

The sled that steers; Journeys of Innovation series, United States Patent and Trademark Office; December 2021

 Journeys of Innovation series, United States Patent and Trademark Office; The sled that steers

"In the 1880s, Samuel Leeds Allen reinvented winter with the Flexible Flyer, a sled on red steel runners that riders could steer with their hands or feet. A self-taught inventor, Allen knew he’d hit it big when the kids told him so."

USPTO implements the Trademark Modernization Act; United States Patent and Trademark Office (USPTO, November 17, 2021

United States Patent and Trademark Office (USPTO) ; USPTO implements the Trademark Modernization Act

"Regulations implementing the Trademark Modernization Act of 2020 (TMA) will go into effect on December 18, 2021. Individuals, businesses, and the United States Patent and Trademark Office (USPTO) will now have new tools to clear away unused registered trademarks from the federal trademark register as of December 18, 2021, and the USPTO will have the ability to move applications through the registration process more efficiently as of December 1, 2022.

The new ex parte expungement and reexamination proceedings provide a faster, more efficient, and less expensive alternative to a contested inter partes cancelation proceeding at the Trademark Trial and Appeal Board (TTAB).

Read the final ruleto learn more about these changes, and visit the USPTO’s new Trademark Modernization Act webpage for more information."

Diversity in innovation: Best practices; United States Patent and Trademark Office Webinar: Tuesday, December 7, 2021 12 PM EST - 1 PM EST

United States Patent and Trademark Office Webinar: Tuesday, December 7, 2021 12 PM EST - 1 PM EST; Diversity in innovation: Best practices 

"Join us virtually on Tuesday, December 7 for a presentation on best practices for diversity in innovation, followed by a discussion led by the United States Patent and Trademark Office (USPTO) Midwest Regional Director Damian Porcari.

In 2020, the USPTO collaborated with Santa Clara Law’s High Tech Law Institute (HTLI) to propose a study designed to increase diversity in the patenting process. The study specifically targeted in-house international property (IP) legal departments and their practices. The goal of the study was simple: to harvest the collective knowledge of nationwide IP professionals and to produce a practical guide to fostering a more diverse population of inventors. Join the USPTO and HTLI at this free event to learn more about the Diversity in Innovation Best Practices Guide and the goal of increasing the diversity of inventors within the innovation ecosystem.

The guide is presented in three categories of easy-to-read tables:

• Do it now: Practices that are likely to be budget-neutral, easily implemented, and within the authority of an in-house attorney or IP manager.
• Do it this year: Practices that may require 3–9 months of planning, e.g., because they require coordination with other groups or departments, and/or the creation of content, tools, or systems.
• Do it next year: Practices that will likely take 6–12 months of planning to implement, e.g., because they need to be coordinated with different departments, require moderate or significant budgetary planning, and/or require buy-in from high level management.

Register today to gain insights from the guide's authors from HTLI: Laura Norris and Mary Fuller. An open discussion moderated by Midwest Regional Director Damian Porcari will follow the presentation.

Please see registration page for states where CLE credit is available.

Materials 

• Diversity in Innovation Best Practices Guide"

The Path to a Patent, Part VI: Learn how to protect your IP abroad; United States Patent and Trademark Office Webinar: Thursday, December 2, 2021 2 PM EST; 1 PM CST; 12 PM MST; 11 AM PST

United States Patent and Trademark Office Webinar; The Path to a Patent, Part VI: Learn how to protect your IP abroad

​

"Did you know that patents offer territorial rights, meaning that there is no such thing as an international or global patent? Learn how to help protect your intellectual property (IP) in foreign jurisdictions. United States Patent and Trademark Office's (USPTO) International Patent Legal Administration experts will discuss considerations and options for filing foreign patent applications.

Register now for this free virtual event.

You may receive one hour of California Mandatory Continuing Legal Education (MCLE) credit for attending this seminar. Please check with your USPTO regional office for more information on Continuing Legal Education (CLE) accreditation. The discussion will include an overview of the Patent Cooperation Treaty (PCT) and the use of the Paris Convention for non-PCT countries.

Contact information for participating offices and local start times for this event are as follows:

• Silicon Valley Regional Office: email SiliconValley@uspto.govor call 408-918-9900.  
  Start time: 11 a.m. PT
• Rocky Mountain Regional Office: email RockyMountain@uspto.gov or call 303-297-4600. 
  Start time: noon MT
• Texas Regional Office: email TXROevents@uspto.gov or call 469-295-9000.
  Start time: 1 p.m. CT
• Midwest Regional Office: email MidwestRegion@uspto.gov or call 313-446-4800. 
  Start time: 2 p.m. ET
• Eastern Regional Outreach Office: email EasternRegionalOutreachOffice@uspto.gov or call 571-272-7100. 
  Start time: 2 p.m. ET

Register today

This event is accessible to individuals with disabilities. To request a reasonable accommodation, including captioning, sign language interpreting, or other, please email SiliconValley@uspto.gov or call 408-918-9900."

E-commerce and China: Strategies for fighting online counterfeits, Part 2; United States Patent and Trademark Office Webinar: Thursday, December 2, 2021 9 AM - 10:30 AM EST

United States Patent and Trademark Office Webinar; E-commerce and China: Strategies for fighting online counterfeits, Part 2

"E-commerce now accounts for nearly 14% of all retail sales, and continues to grow at a healthy rate. But U.S. businesses engaged in e-commerce, especially small and medium-sized enterprises (SMEs), face a number of challenges in protecting their intellectual property (IP) on e-commerce platforms.

Register now for this free program to learn proven strategies for protecting and enforcing your IP rights when selling on e-commerce platforms.

Part 2 of the two-part series will focus on administrative and judicial mechanisms for enforcing IP rights and combatting the sale of Chinese counterfeits on e-commerce platforms in China. The program will feature presentations by senior United States Patent and Trademark Office (USPTO) IP attorneys with extensive China IP experience and experts from Mattel, Specialized Bicycles, and Amazon.

Topics to be covered include: 

• overview of administrative, civil, and criminal IP enforcement
• strategies for collaborating with e-commerce platforms
• industry perspectives and experiences
• establishing a criminal case

During the program, participants can submit their questions to a dedicated email box. There will be time allotted to respond to participants' questions.

(Note: Although some advanced IP topics may be touched upon in the webinar, the materials presented are intended for representatives from SMEs with limited experience in IP protection and enforcement in China.)"

Register today

E-commerce and China: Strategies for fighting online counterfeits, Part 2; United States Patent and Trademark Office (USPTO), December 2, 2021

United States Patent and Trademark Office (USPTO); E-commerce and China: Strategies for fighting online counterfeits, Part 2

December 2, 2021 9 AM - 10:30 AM ET

"E-commerce now accounts for nearly 14% of all retail sales, and continues to grow at a healthy rate. But U.S. businesses engaged in e-commerce, especially small and medium-sized enterprises (SMEs), face a number of challenges in protecting their intellectual property (IP) on e-commerce platforms.

Register now for this free program to learn proven strategies for protecting and enforcing your IP rights when selling on e-commerce platforms.

Part 2 of the two-part series will focus on administrative and judicial mechanisms for enforcing IP rights and combatting the sale of Chinese counterfeits on e-commerce platforms in China. The program will feature presentations by senior United States Patent and Trademark Office (USPTO) IP attorneys with extensive China IP experience and experts from Mattel, Specialized Bicycles, and Amazon.

Topics to be covered include: 

• overview of administrative, civil, and criminal IP enforcement
• strategies for collaborating with e-commerce platforms
• industry perspectives and experiences
• establishing a criminal case"

International exchange: Promoting the inclusion of women in intellectual property; United States Patent and Trademark Office (USPTO), November 16, 2021 4 PM - 6 PM ET

United States Patent and Trademark Office (USPTO); International exchange: Promoting the inclusion of women in intellectual property

"Studies of patent data conducted by the World Intellectual Property Organization (WIPO), the United States Patent and Trademark Office (USPTO), and others have shown that women inventors are significantly underrepresented in the patent system worldwide. Despite an increased number of women entering the science, technology, engineering, and math (STEM) fields in recent years, there is still a large gap between the number of women entering these fields and men. This has led to fewer women participating in the intellectual property (IP) system overall.

Register today to hear presentations by representatives of IP offices from around the world, who will discuss these trends and explain how some countries have succeeded in increasing the participation rate of women in their IP systems. Topics will include:

• Strategies for increasing the participation of women in the IP system
• How to recruit, retain, and promote women in IP fields

You will hear from leading officials from the USPTO, IP Australia, the Canadian IP Office, the IP Office of the Philippines, the Mexican Institute of Industrial Property, the IP Office of New Zealand, the Industrial Property Protection Directorate of Jordan, and other national offices."