Since I've been working on trademark stuff all day today, I guess I'll write an entry about trademark too.
I have this client, let's call him Leroy, who has a pending trademark application for a "mixed mark" (i.e., a mark having words and design, which is basically known as a design mark in the US). He told me that he wanted to file a word mark and a design mark here in the U.S.
I would say a "final rejection" is a bit of a misnomer, especially if you're someone with deep pockets.
In a patent prosecution, you can get a non-final rejection and a final rejection. After you receive a final rejection, prosecution is "closed" and if none of your claims are allowed, then your patent application cannot issue and become registered. Some people pay money and request for continuation, which gives you essentially another go around at the prosecution process. People do this because sometimes you just need more time to convince the patent examiners to allow your claims for you to have a registered patent.
My friend Bre loves tacos. And I love my friend Bre. Therefore, I love tacos.
Whenever I file trademark applications, my clients all seem to misunderstand what a trademark or "trademarking" actually means.
Many people think they can trademark the name of their company, or their company logo. But that's not exactly the case.
If you retain only ONE THING after taking the Patent Bar, remember this. You can't insert "new matter" (aka new information) into your patent application once you submit it.
This is usually why patent applications are so detailed and long. Applicants/inventors/patent attorneys try to include every possible thing you can think of in the specification so that the application claims are well supported during patent prosecution.
Maybe not that fast. But still, faster than you normally would.
Question of the day: Bob Silverstein wants to open up a burger joint and sell burgers. Can Bob trademark Silverstein's Burgers?
Answer: Meh... probably not.
Under 15 U.S.C. § 1052, a mark that is primarily merely a surname may be registrable on the Supplemental Register.