Illuminating the path in intellectual property law.
What is a freedom to operate opinion, and why is it important? A freedom to operate opinion (FTO) is a legal opinion from a qualified intellectual property attorney that concludes a proposed commercial product or process may be made, used, sold, or offered for sale without infringing another party’s intellectual property rights. Although there is …
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The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. Among other things, the TMA created new procedures for challenging pending applications and registrations and updated several rules relating to the prosecution of trademark applications before the United States Patent and Trademark Office (“USPTO”). Several of these changes took effect in December …
The Canadian government has provided notice of a number of proposed changes to the Canadian Patent Rules. These particular changes will impact patent Applicants’ costs and may call for different prosecution tactics. As of this writing, the date the proposed changes are to come into force has not officially been announced. However, we expect this …
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Good News! In 2021, applications filed in Canada went up 13.7%, partly due to Canada’s accession to the Madrid Protocol. When Canada is designated via the Madrid Protocol, the Canadian Intellectual Property Office (CIPO) will communicate directly with the applicant if a Canadian trademark agent is not appointed. Correspondence from the CIPO, such as office …
The shift to online marketplaces has created an incredible boom for some, and significant loss to others. Branding has become more important than ever, particularly in developing an online presence through search engines, various online platforms, and social media. Further, the rise of the “influencer” has opened additional opportunities to deliver brands and products to …
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Over the last several years, you may have heard the term “blockchain.” Blockchain technology has emerged as an innovative, record-keeping technology, most notably recognized as the underlying technology behind Bitcoin cryptocurrency. The most innovative part of blockchain is that it is decentralized: not controlled by any one person or company. It is transparent in the …
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The Brexit transition period ended on December 31, 2020. As of January 1, 2021, the United Kingdom will have left the European Union trademark and design system. Although European-wide rights such as European Trademarks (EUTMs) will now cease to have effect in the United Kingdom, identical U.K. trademark rights will be automatically created or “cloned” …
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With businesses becoming increasingly dependent on the sale of goods at online marketplaces such as Amazon.com, especially during the pandemic, it has become increasingly important to quickly combat product listings that violate intellectual property rights. Amazon’s new Utility Patent Neutral Evaluation Process (UPNEP) provides a streamlined process for contesting product listings that infringe patent rights. …
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Today, Dickinson Wright PLLC launches its latest blog, IP Brief. Our blog will provide you with up-to-date information on new issues impacting all aspects of the intellectual property law landscape. IP Brief will cover a variety of topics in the fields of patent, trademark and copyright law, as well as legislative updates, case studies, and …