We previously reported that the United States Patent and Trademark Office granted a 30 day extension for many proceedings in response to the COVID-19 pandemic. The time period for this extension has been extended. As of time of publication, the USPTO has issued Orders granting a 30 day extension for (1) the specific filings set forth below that (2) had deadlines which fell between March 27, 2020 and May 31, 2020, extending the time period…

Intellectual property comprises some of the most valuable assets a business may hold – its brands, patents, know-how, and other intangible rights that make the business unique.  The intellectual property assets (IP) throughout the energy sector—upstream, midstream, downstream and service providers along the way—will be affected as more energy companies seek bankruptcy relief in the wake of both the oil price war and the Covid-19 pandemic. Even companies not considering bankruptcy for themselves are likely…

The COVID-19 pandemic has made people race to wash hands, stock up on toilet paper and sanitizer, and transition to working from home. But a separate group of “opportunistic” individuals have run another race—to the United States Patent and Trademark Office. As of April 2, 2020, more than 85 trademark applications have been filed for COVID-19 and Coronavirus related marks. The applied-for marks are largely for t-shirts, hats, apparel and stickers, but applications have also…

In addition to providing financial support to individuals and small business, the much discussed CARES Act also authorized government agencies like the US Patent and Trademark Office (USPTO) to extend certain deadlines prescribed by statute. As of time of publication, the USPTO has granted a 30 day extension for (1) the specific filings set forth below that (2) had deadlines which fell between March 27, 2020 and April 30, 2020.  To invoke this extension, the…

Intellectual Property (IP) clearance should be an integral part of business planning, regardless of the size of the business. IP clearance may be as simple as checking the proper trademark databases before choosing a name for a new business or subsidiary.  In other situations, IP clearance may include conducting an extensive patent search and analysis prior to building a new industrial facility.  IP clearance is the process of checking whether IP owned by others may…

In a sequel to its Matal v. Tam decision last year, SCOTUS held that the so called “immoral or scandalous” ban on trademarks was unconstitutional in a 6-3 ruling on June 24.  In the Tam decision, SCOTUS declared the “disparagement” clause of the Lanham Act to be unconstitutional under the First Amendment, but left open the question as to whether the Trademark Office could deny registrations for being immoral or scandalous.[1] Enter Erik Brunetti…