This morning I received an e-mail “Notice of Publication” on a trademark case, the first one of these I remember seeing. Here’s the notice (redacted):
NOTICE OF PUBLICATION
Serial Number: 55-555,555
Mark: TRADEMARK (STANDARD CHARACTER MARK)
International Class(es): 555
Applicant: ACME, LLC
Attorney Reference Number: 012345
The mark identified above has been published in the Trademark Official Gazette (OG) on Mar 9, 2010 . Any party who believes it will be damaged by the registration of the mark may file a notice of opposition (or extension of time therefor) with the Trademark Trial and Appeal Board. If no party files an opposition or extension request within thirty (30) days after the publication date, then within twelve (12) weeks of the publication date a notice of allowance (NOA) should issue. (Note: The applicant must file a Statement of Use or Extension Request within six (6) months after the NOA issues.)
On the publication date or shortly thereafter, the applicant should carefully review the information that appears in the OG for accuracy (see steps, below). If any information is incorrect, the applicant should immediately email the requested correction to TMPostPubQuery@uspto.gov. For general information about this notice, please contact the Trademark Assistance Center at 1-800-786-9199.
1. Click on the following link or paste the URL into an internet browser: http://www.uspto.gov/web/trademarks/tmog/20100309_OG.pdf#page=1
2. Wait for the total OG to upload completely (as indicated on bottom of OG page).
3. At the top/side of the displayed page, click wherever the ‘binoculars’ icon appears.
4. Enter in the ’search’ box the name of the applicant (for individual: last name, first name) or the serial number in this exact format (with hyphen and comma): 55-555,555, e.g.
5. View the retrieved result(s). If multiple results appear in the ‘results’ box, click directly on each ’search term’ shown in the box to access all separate appearances in the OG.
The PDF is 142 MB and is downloading unbelievably slow.
Seriously. Didn’t they think of what the impact on bandwidth would be if they told thousands of practitioners they needed to download a 142 MB file so they could “carefully review the information that appears in the OG for accuracy”?
How many practitioners do you think will save that entire 142 MB file to their server?
FAIL.
The USPTO has released it’s first issue of the “Inventors Eye,” the USPTO’s bimonthly publication for the independent inventor community. The first issue includes articles on:
It looks like an excellent publication full of great content for independent inventors!
Gene Quinn at IPWatchDog reports that LegalZoom has been sued (class action lawsuit) for “unauthorized practice of law” in Missouri, allegedly for offering legal advice regarding a will and for preparing incorporation documents.
Other related blog posts I turned up on this topic:
Patent blogger Gene Quinn of IPWatchdog.com was sued yesterday by invention promotion company InventHelp. Gene wrote a post on his blog entitled “Invent Help Sues IPWatchdog Alleging they are Not a Scam” which has the complete story. In the post, Gene indicates that he is looking for information about InventHelp’s practices from former Invent Help customers, as well as patent attorneys/agents. FYI, in case you have information for him.
Links to two of my recent articles written for lawyers:
Read: Venture Hacks blog on Top 10 reasons why entrepreneurs hate lawyers.
Note: Eight of his reasons are about failures to communicate, the other two are about money.
Most larger cities have a “children’s museum” where kids (and grown ups) can experience “hands on” science. Anything that teaches kids that science is cool is worth supporting!
Our local children’s museum is called the “Discovery Center of Idaho.” For about ten years now, I have provided free patent searches to the winners of the Discovery Center’s annual “Invent Idaho” science fair contest for elementary and middle school students. It has been a blast working with young kids that are so excited about inventing.
Through that participation, I have come to be a big fan of the Discovery Center’s Education Director, Woody Sobey (@twsobey). A few weeks ago, Woody mentioned that he had a book on toys called “The Way Toys Work: The Science Behind the Magic 8 Ball, Etch A Sketch, Boomerang, and More.”
I immediately ordered it.
The book is amazing. In the book they take apart toys, deconstructing them for kids while explaining how they work. Additionally, most of the toys mentioned include figures from the actual patents for the toys. It is definitely something that most of my readers would enjoy reading, as well as giving away as a gift to their children/grandchildren/nieces/nephews.
RULE 2.1: ADVISOR
In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client’s situation.
Rule 2.1 does not say you need to win and the other attorney needs to lose. Nor does it say your client needs to win.
Instead, it reminds us that as advisors, attorneys have a duty to render candid advice to our clients. Sometimes that means talking them out of pursuing claims that they legally could make, but aren’t necessarily in their best interest. Remember: it’s all about protecting the client’s best interest, not about “win” or “lose.”
The best book I read in 2009 was Seth Godin’s “The Dip.” If you haven’t read it, DO.
In “The Dip,” Godin mentions the following passage from the Declaration of Independence:
…all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed.
My challenge to my fellow attorneys is this: if there is an “evil” you are suffering or see others suffering, whether that “evil” be personal, professional, or societal, do something about it. Maybe that means fixing broken relationships. Maybe that means ending other relationships. Maybe that means righting a wrong. Whatever it means to you, and no matter how uncomfortable it is in the short term, deal with it. Let 2010 be the year that you started enjoying life again.
[note: the above appeared in JD Supra's post on "Lawyers-Legal Professionals Looking Ahead to 2010" (which is worth reading too)]
I was shocked to find out this morning that this blog won (along with Patrick Lamb’s In Search of Perfect Client Service blog) one of Dennis Kennedy’s 2009 Law-related Blogging Awards (“The Blawggies”), namely “The Marty Schwimmer Best Practice-Specific Blog.”
As Dennis describes it:
I named this award for Marty Schwimmer’s lifetime achievement with The Trademark Blog in setting an example of what you can do with a practice-specific blog and because, otherwise, he would win every year. His blawg still rocks. This category is always a difficult one for me because I don’t read a lot of practice-specific blogs and there are many great blawgs in that cover topics well outside my area of focus (that’s another it makes sense for you to do your own awards).
I chose the two winners this year because they illustrate how you can maintain great practice-specific blogs with names other than “ Blog” and how the best practice-specific blogs can go “off topic” with great results.
Steve Nipper’s Invent Blog covers patent law, with lots of great practical information, but he also covers topics in his local community, technology tips and other useful information. When you combine Steve’s efforts on his blog with his Twitter presence, you can see how the many ways you can use social media to create visibility and community. The one thing that always stands out in Steve’s efforts is a sense of helpfulness.
Patrick Lamb’s In Search of Perfect Client Service is a great example of a way to use a blawg as platform for thoughtful commentary and grow an audience for that material that also cannot help but conclude that this thoughtfulness and insight must also be part of your lawyering skills. Patrick is in the forefront of alternative billing and client-focused innovation in providing legal services and his blog will keep you on top of developments in those areas.
Thanks Dennis, I am truly honored!
Also…I wouldn’t still be writing this blog, some, almost six years later, if it wasn’t for the constant feedback from my readers. Thanks for reading!
