How can I determine if a trademark or trade name in a patent claim is indefinite?
To determine if a trademark or trade name in a patent claim is indefinite, consider the following factors: Whether the trademark or trade name is used to identify or describe a particular material or product. If it’s used as a limitation to identify or describe a particular material or product, it may render the claim…
Read MoreCan I obtain both a design patent and a trademark for the same subject matter?
Yes, it is possible to obtain both a design patent and a trademark for the same subject matter. The MPEP cites an important court decision on this matter: “The CCPA, in In re Mogen David Wine Corp., 328 F.2d 925, 140 USPQ 575 (CCPA 1964), later reaffirmed by the same court at 372 F.2d 539,…
Read MoreWhat is the difference between a trademark and a service mark?
According to the MPEP 608.01(v), the main difference lies in their application: Trademark: The term ‘trademark’ includes any word, name, symbol, or device, or any combination thereof- (1) used by a person, or (2) which a person has a bona fide intention to use in commerce and applies to register on the principal register established…
Read More