Author Archives: Scott Swanson
Can I make someone turn over a domain name for trademark infringement?
The question of if use of a trademark in a domain name is trademark infringement is complicated. Typically domain ownership by itself is not a trademark infringement. Trademark infringement requires use in commerce that is likely to cause a likelihood … Continue reading
Trademarks and CBD
CBD has become very popular in recent years. In 2018 the Federal government removed hemp and hemp products from being a Schedule I drug. However, the Farm Bill did not legalize or allow for the use of CBD as a … Continue reading
Shaver & Swanson, LLP wins award of attorney fees for client in defense of claims of patent infringement.
Scott Swanson in conjunction with Rick Martin, has won an award of attorney fees in a patent litigation case on behalf of a client, the defendant and prevailing party in the infringement action. Previously the District of Colorado had ruled … Continue reading
Is this trademark letter a scam?
Our trademark attorneys receive questions every week from clients asking if a letter they received requesting payment for a trademark renewal, trademark registration, or trademark database is a trademark scam. The answer is always either yes, this is a scam … Continue reading
Can I use a dead or cancelled trademark?
Trademarks that are listed as cancelled on the Trademark Office’s database are not always free for use. Trademark rights exist in three forms in the United States: common law trademarks, state registered trademarks, and Federally registered trademarks. A trademark owner … Continue reading
Is there a fee to keep my patent?
Patents are valid for 20 years from the filing date of the first non-provisional patent application to which priority is claimed. After the patent issues, the patent owner must pay a patent maintenance fee in a window between 3 years … Continue reading
Who owns the copyright in a photo?
17 U.S. Code § 201(a) sets forth that ownership in the copyright initially is owned by the author or authors of the work. This means the photographer of a photo, the artist who paints or draws a work of art, … Continue reading
How long does it take to get a trademark registration?
From the time a trademark attorney files your application it typically takes between three (3) to six (6) months for the Trademark Examining Attorney at the Trademark Office to examine your trademark application. If the trademark examining attorney does not … Continue reading
Do I need a patent attorney?
Patent attorneys can help streamline the patent process and help you get a patent with a lot less headache. A patent application is a legal document that concludes with a set of claims. These claims are typically written in legal … Continue reading
How long does it take a patent attorney to get a patent?
The answer to this question is that it depends. The United States Patent Office has a wide variety of art groups to which patent examiners, who are typically patent agents or patent attorneys, are assigned to. Some art units take … Continue reading
Do I need a patent to be able to make something?
As Patent Attorneys we are often asked the question: Do I need a patent to make my product? The answer to the question is no, you do not need a patent to make something. A patent provides the negative right … Continue reading
Can I protect my invention in a foreign country?
Patents provide protection typically on a country by country basis. A United States patent provides protection in the U.S. whereas Canadian patents provide protection in Canada and Chinese patents provide protection in China. One limited exception is for European patents, … Continue reading
I have been selling my product for five years can I get a patent?
The patent system is an exchange between the Federal Government and the inventor. In exchange for publicly disclosing his or her invention in a patent, the U.S. provides the inventor with (at current) a 20 year pseudo monopoly on the … Continue reading
What is copyrightable?
In order to obtain a copyright the work must have a modicum of creativity. This barrier is low, although it does prevent copyright protection in short phrases, business names, and ideas. Copyright protection applies to a specific photograph, but it … Continue reading
My trademark application is being opposed what can I do?
After your trademark application is approved by a Trademark Office Examining Attorney, it publishes in the Official Gazette for 30 days for third party opposition. During this time any third party that believes it will be harmed by the issuance … Continue reading
Can I use the same business name as someone else?
We frequently are asked by clients or potential clients if they can use a trademark or business name that is the same as a pre-existing company. The answer is that it depends. Trademark law protects the source identifying function of … Continue reading
t-shirt slogans, designs, and trademarks
We are often asked by clients “can I trademark my t-shirt design?” The answer to this question is that it depends. Trademarks protect the source identifying function of a name, word, or symbol. Thus if you use a name that … Continue reading
Copyright infringement of building or house plans
Can I get a copyright in house plans or building plans? The short answer to this question is yes. However, the copyright only extends to those elements of the buildings plans that are original. Determining what is an original element … Continue reading
Is this trademark bill I received a scam?
We frequently are asked by clients if a trademark bill they received in the mail or through fax is a real bill. Typically these direct bills are scams, but if you receive a notice you should double check with your … Continue reading
Should I get a patent or keep my invention secret?
Inventors and companies often ask if they should file for a patent or keep their invention secret and protect it as a trade secret. The answer depends on the facts of each situation. Patent protection is federally provided right that … Continue reading