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The official position of the USPTO is that providing copies of non-patent literature to the USPTO for the purposes of patent prosecution is protected fair use provided that the applicant obtained the copies properly. [10] In 2012, two lawsuits were brought challenging this practice. [11]
Trademark Act of 1905; 35 U.S.C.A. §§ 145, 146: The Trademark Act of 1905 imports the rules of practice and procedure that govern appeals of patent applications, and so authorizes unsuccessful trademark applicants to obtain a remedy by bill in equity, as the Revised Statutes provide to unsuccessful patent applicants. Prestonettes, Inc. v. Coty
The company sought to trademark its name with the United States Patent and Trademark Office (USPTO). The USPTO had denied the application: it ruled that the term "booking" as applied the class of travel services was a generic term , and that Booking.com had not shown how their mark had gained distinctiveness.
(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
The Lanham Act defines federal trademark protection and trademark registration rules. The Lanham Act grants the United States Patent and Trademark Office ("USPTO") administrative authority over trademark registration. State law continues to add its own protection, complementing (and complicating) the federal trademark system.
Patent applications can be filed at the United States Patent and Trademark Office (USPTO). Prior to June 7, 1995, the duration of a US utility patent was 17 years from patent issuance. Since that date, the duration of the US utility patent is 20 years from the earliest effective filing date.
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