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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
(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.
In the United States, the “functionality” doctrine exists to stop a party from obtaining exclusive trade dress or trademark rights in the functional features of a product or its packaging. The doctrine developed as a way to preserve the division between what trademark law protects and areas that are better protected by patent or copyright law.
Every small business has some form of intellectual property associated with it. Intellectual property, or IP, is a valuable company asset. It comes in four types: trademarks, copyrights, patents ...
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.
Case Citation Year Vote Classification Subject Matter Opinions Statute Interpreted Summary; New York Times Co. v. Tasini: 533 U.S. 483: 2001: 7–2: Substantive: Collective works
Section 2(a) of the Lanham Act, passed in 1946, holds that a trademark may be refused registration by the United States Patent and Trademark Office if the subject consists of "immoral, deceptive, or scandalous matter."
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