Month: November 2010

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How to Respond to a Merely Descriptive Trademark Rejection

Written by Mark Terry  When marketing a product or service, brand recognition is a key component to success.  The goal is to keep consumers coming back for your company’s brand name because they recognize it as identifying the goods or services your company provides.  Companies often opt for a trademark that tends to be descriptive of the product provided so that consumers will quickly and easily identify the trademark with the product.  This article discusses the test for merely descriptive rejections from the United States Patent and Trademark Office (“PTO”), options for responding to an Office Action from PTO that asserts a

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Patent Infringement Update: Federal Circuit Bans Sale of Microsoft Word – Florida Patent Lawyer Blog

Written by Mark Terry  What options are available to a patent holder seeking to enforce his patent? When suing a company that infringes your patent, what can you hope to achieve? Can you really stop an infringer from infringing your patent? As a Florida patent attorney, I get these questions a lot. And just recently, the Court of Appeals for the Federal Circuit weighed in on these issues. Last week, the Federal Circuit affirmed a lower court decision to permanently enjoin Microsoft from selling its flagship Microsoft Word product. The permanent injunction, effective January 11, 2010, prohibits Microsoft from selling,

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