IP Practitioners are anxiously awaiting news on who will the incoming Trump administration selection to replace Kathi Vidal as Director of the USPTO. And while many fine candidates are sure to emerge in the conversation, sources indicate that one name being considered for the agency’s top job is Pillsbury Winthrop long-time partner William P. Atkins
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Did Those Young Rascals Use AI Before the USPTO?
Earlier this year, in Dino Danelli and Edward Brigati v. Beata Music LLC, Opposition No. 91249965 (March 29, 2024) (not precedential), the Board issued a 55-page opinion sustaining an opposition to the registration of a mark. Briefly, the parties we involved in a civil action with respect to a mark: “The Rascals.” After a
Three Lessons from the USPTO’s Recent Disciplinary Decisions Regarding Working with Foreign Trademark Associates
From our previous posts, it is clear that, the United States Patent and Trademark Office (USPTO) has been increasing investigations and disciplinary actions against those who work with foreign trademark associates. However, in today’s global economy, many clients demand global trademark and patent protection—so is it unethical for a U.S. Trademark Attorney to work
Navigating the Patent Bar: Understanding the OED’s Moral Character Evaluation
Congratulations on passing the patent bar! While this is a significant achievement, the journey to becoming a registered patent agent or attorney isn’t quite over. The Office of Enrollment and Discipline (OED) plays a crucial role in ensuring that only individuals of good moral character are admitted to the patent bar.
The OED evaluates applicants’
The USPTO’s New Design Patent Bar: A Closer Look at the Numbers
On January 2, 2024, the United States Patent and Trademark Office (USPTO) introduced the “Design Patent Bar,” which was an expansion designed to encourage diversity. As USPTO Director Kathi Vidal stated in the months leading up to the new offering, the design patent bar was one of the ways she was working to ensure “everybody
Paws For Celebration: How Furry Coworkers Changed Office Life Forever
We share a special bond with dogs that has evolved over thousands of years. But it has only been in the last few years, particularly since the pandemic, since these loyal canine companions have evolved from being more than just house pets. Our hounds have nudged, wagged, sniffed, snuggled, and loved their way into our
Lawyer Bloggers Beware: “Public” Client Information Is Still Confidential
Lawyers love to talk about their client success stories and latest wins, particularly on websites, blogs, LinkedIn and other social media. This form of lawyer self-promotion is particularly pronounced in litigation matters, where the victorious lawyers and their firms routinely, and proudly, announce to the world what wonderful result they achieved for their client.
Many
The USPTO’s Breach of Trust: Practitioner Response and Reporting Requirements
The USPTO has once again disclosed confidential information of applicants—this time for patent applicants. Previously, the USPTO has disclosed confidential information of trademark applicants, including a breach of home addresses. However, many practitioners have wondered—what are their obligations with respect to the USPTO’s actions.
Duty to Communicate with Clients
When the
Pro Se Representation Before the USPTO OED: A Risky Gamble
The USPTO’s Office of Enrollment and Discipline (OED) handles investigations and disciplinary proceedings against attorneys and other practitioners who engage in misconduct before the USPTO. Navigating these complex proceedings without legal representation can be a daunting and perilous task. We have covered previously various best practices regarding what to do if you find yourself with
USPTO Turns Up Heat In War Against China Trademarks: Five Ways U.S. Attorneys Can Avoid Getting Burned By OED Discipline
This week marks five years since the USPTO implemented its Requirement of U.S. Licensed Attorney for Trademark Applicants and Registrants. Also known as the “U.S. Counsel Rule”, the USPTO on August 2, 2019 amended parts 2, 7, and 11 of Title 37 to require any non-U.S. domiciled trademark applicant, registrant, or party to a