How to Register your Logo Trademark For Authenticated Email
Tom Galvani Blog | Arizona Patent and Trademark Attorney
by thomasgalvani
2d ago
Evening rainstorm in Phoenix Cementing your brand identity in the digital realm requires more than just a catchy slogan or vibrant imagery—it demands legal foresight and strategic planning.   Even with social media, businesses still rely on email as the primary mode of communication, and embedding a logo in an email is not just an aesthetic and branding choice but a great way to ensure customers know an email is legitimate.  Email providers like Gmail and Yahoo now allow companies to authenticate their emails with logos. Below, I address essential steps and requirements for regi ..read more
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What is a Common Law Trademark?
Tom Galvani Blog | Arizona Patent and Trademark Attorney
by thomasgalvani
3w ago
Dropping in at Deer Valley Utah A common law trademark is a trademark used with the offer or sale of products and services.  Most trademarks start out as common law trademarks and then the owner later decides to register them federally.  Until they become federally registered, trademarks have fewer protections and more limitations than registered marks, and they are more difficult to enforce. Nonetheless, common law trademark protection can still be enforced and helpful in certain situations.  I have successfully wielded common law trademarks for clients many times to stop compe ..read more
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Trademark Post Registration Audit Questions and Answers
Tom Galvani Blog | Arizona Patent and Trademark Attorney
by thomasgalvani
3w ago
Mount Baldy hike off Snowbird Ski Resort The Trademark Office may send you an office action or notice after you’ve filed maintenance paperwork in your trademark registration.  The notice refuses to accept your maintenance filing until the Office is convinced that you are using your trademark on all your registered goods or services.   This is called a trademark post registration audit office action. If you have received trademark post registration audit office action and don’t know what to do, please read on.  I’ve been writing, filing, and processing trademarks application ..read more
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Paying Patent Maintenance Fees on an Expired Patent?
Tom Galvani Blog | Arizona Patent and Trademark Attorney
by thomasgalvani
1M ago
Recently the website IPWatchdog published an article that addressed a topic important enough that I thought I should mention it here as well.  It concerns patent maintenance fees and the possible accidental payment of maintenance fees on already-expired patents. Patent Maintenance Fee Basics Patent owners must periodically pay patent maintenance fees on issued utility patents.  Failure to pay those maintenance fees results in the premature expiration of the patent.  Failing to pay a maintenance fee should always be an active decision, never an accident. Though relatively simple ..read more
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Navigating Restriction Requirements in Patent Applications
Tom Galvani Blog | Arizona Patent and Trademark Attorney
by thomasgalvani
2M ago
If a Patent Examiner at the United States Patent and Trademark Office believes that your application claims more than one invention, he or she will issue a restriction requirement.  Restriction requirements are incredibly common and are a normal part of patent application prosecution.  They are one step in the long march through prosecution to issuance. What is a Restriction Requirement? Brown’s Ranch in Scottsdale Fundamentally, a restriction requirement is the USPTO’s way of asking you to pick one invention for prosecution in your application and remove the rest. Both policy and pr ..read more
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Continuation-in-Part Patent Applications: A Comprehensive Guide
Tom Galvani Blog | Arizona Patent and Trademark Attorney
by thomasgalvani
3M ago
2002 Olympic Downhill Course at Snowbasin Continuation-in-part patent applications are a strange type of continuing patent application.  They are a tool that can extend the life of a patent family and protect improvements to inventions covered by prior patents.  They have significant risks, however, and should be approached carefully. Patents play a pivotal role in safeguarding intellectual property, fostering innovation, and providing inventors with exclusive rights to their creations.  Understanding the mechanics of patents and patent applications, and the way continuation-in ..read more
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Can you make an After-Allowance Amendment in a Patent Application?
Tom Galvani Blog | Arizona Patent and Trademark Attorney
by thomasgalvani
3M ago
Campfire at Picacho Peak in Arizona Applicants make amendments in patent applications all the time.  Usually, these amendments are made while patent prosecution is active, before a Notice of Allowance.  However, you can actually amend the application just before it issues as a granted patent. What is an After-Allowance Amendment? An After-Allowance Amendment is just what it sounds like.  All patent applications that are approved for grant first receive a Notice of Allowance.  The Notice of Allowance opens a three-month window during which the patent applicant must submit th ..read more
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Trademark Maintenance Scams
Tom Galvani Blog | Arizona Patent and Trademark Attorney
by thomasgalvani
3M ago
If you own a registered trademark for a few years, you will receive notices in the mail warning you of a “Pending Trademark Cancellation” or an “Imminent Trademark Expiration.”  Be careful when reading these because they may not be legitimate.  While trademark maintenance is a necessary part of trademark ownership, some companies send maintenance notices that appear to be borderline fraudulent it not outright scams. Below, I explain several reasons to be cautious about reading or responding to these notices.  I’ll use as an example a notice that I got on my own trademark registr ..read more
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Understanding Consent in Trademark Applications: When, Why, and How
Tom Galvani Blog | Arizona Patent and Trademark Attorney
by thomasgalvani
7M ago
Mt Rainier from the plane Trademark applications are essential for protecting the unique branding and identity of businesses and individuals. However, the process is not always straightforward, especially when it involves the use of a person’s name or likeness in the application. In such cases, obtaining consent in trademark applications from the individual identified in the application becomes crucial. Here I delve into the why, how and when of obtaining consent, relying on guidelines outlined in the Trademark Manual of Examining Procedure (“TMEP”) 813.01(a) and TMEP 1206.04(b). When is Conse ..read more
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I Received a Post-Registration Office Action in My Trademark Registration. Now What?
Tom Galvani Blog | Arizona Patent and Trademark Attorney
by thomasgalvani
7M ago
Bear Creek Falls in Ouray Colorado Trademark owners must make periodic filings to keep their trademark registrations alive.  These are post-registration maintenance filings, and failure to make them correctly will result in the issuance of a post-registration office action and then potentially the cancellation of a trademark registration. Post-registration maintenance submissions are required on the fifth anniversary of registration, on the tenth anniversary of registration, and then again every tenth anniversary thereafter.  Those submissions involve renewal requests as well as veri ..read more
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