The United States Patent and Trademark Office (“USPTO”) recently announced a proposal to introduce certain new fees and increase some existing fees relating to trademark filings.  Per the USPTO, the new fees and increases are intended to generate additional revenue to combat inflation and rising internal costs due to the growing volume of new trademark filings each year. The proposed fee changes are slated to go into effect November 1, 2024, after a public comment period on the proposal.  The proposed fee changes impact several areas, including new application filing ..read more

The U.S. Patent and Trademark Office (USPTO) has recently announced a new awards program to recognize brand owners utilizing their trademarks to make meaningful contributions towards solving humanitarian challenges. The Trademarks for Humanity awards competition will recognize brand owners improving the environment through their products and services. The USPTO’s new initiative demonstrates a growing awareness among the business community and the government about the role of intellectual property (IP) in solving global challenges. The USPTO has previously launched other initiatives ..read more

Henderson Franklin’s legal team returns to Sanibel Harbour Resort & Spa on Friday, February 25, 2022 with a new twist. The main room will offer the firm’s most popular workshop, HR Law & Solutions. New for 2022, attendees will have the option to attend breakout sessions focusing on niche corporate matters and contracts, family businesses, startups and how to make informed real estate decisions. Click here to download the brochure. Topics and speakers General Session #1, Lingering Effects of COVID on Florida Employers, presented by Scott Atwood, Esq. From business sh ..read more

After months (or, perhaps, years) of diligent legal work, your business has finally secured its intellectual property rights through a patent, a trademark registration, a copyright registration or some combination thereof. Finally, you breathe a sigh of relief, put your legal paperwork in a file cabinet and get back to running your business. Years later, you find that a competitor is infringing your rights. After blowing the dust off your paperwork you discover, to your dismay, that your intellectual property rights were not properly maintained and have expired. What happened and what do you d ..read more

After years of research and development, your company is finally about to launch a new “game changing” product. You know you need to protect this product, but where do you start? What do you name your new product, and how do you protect that name? These and other frequently asked questions often arise in new entrepreneurial ventures — whether for new businesses or new product lines for existing businesses. Most business owners intuitively understand the value of their intellectual property. They understand that their products, brands and other ideas need to be protected, but can be confused by ..read more

When launching a business or a new product, one of the most important initial considerations is the name of that business or product. The name is the first thing a potential consumer comes into contact with and what the consumer will remember. The name is the vehicle by which all marketing will travel and will be repeated over and over in advertising, on social media and websites. It is, therefore, one of the things that businesses strive to “get it right.” Usually, this is something that is left to the creative types — those who understand market research, focus groups and creating all-around ..read more

Product packaging is a critical part of every manufacturer’s operations (and even that of many wholesalers and retailers). A product’s packaging is often the first thing customers see: and first impressions count. That is why, for example, an entirely new discipline – packaging engineering – has grown over the last several decades and why companies like Starbucks® and Apple® work so hard to have every napkin, cup, box and bag uniformly branded. Yet despite the obvious commercial and marketing importance of product packaging, many companies fail to protect the intellectual property rights embod ..read more

Trademark scams, as detailed in our earlier post here, are back with a vengeance. Because of the nature of these scams and the potential cost of falling for them, we felt it was time to address this topic again. How Trademark Scams Work Federal trademark applications and trademark registrations are public records. The United States Patent and Trademark Office maintains a searchable database of currently existing and expired trademarks. Among other information in the database is the name and address of the owner of a trademark application or registration, USPTO Serial and Registration Numbers ..read more

While COVID-19 rightfully dominates news coverage and Henderson, Franklin has been providing our clients with information, updates and links to resources to help get through this, we also recognize that the mundane is sometimes just as important. Thus, in a world without Major League Baseball, the NBA, NHL, NASCAR or F1, we offer our own unique sports coverage, with an intellectual property slant. Tom Brady Leaves Boston, Files Trademarks Applications After 20 storied years with the New England Patriots, Tom Brady turned his back on the franchise, his fans and six Lombardi Trophies to sign wit ..read more

COVID-19 has disrupted businesses and has wrought havoc with timelines and deadlines. Likely, it will continue to do so. Many government agencies, such as the IRS as we reported here, are reacting to COVID-19 by extending deadlines. For those with intellectual property-related deadlines in the near term, the United States Patent and Trademark Office (“USPTO”) has recently made some policy changes in response to COVID-19. Remote Appearances While work goes on inside the USPTO, the building is closed to the public and any in-person business.  All previously scheduled meetings or hearings be ..read more