Benjamin Appelbaum, Attorney at Law

November 2017 Archives

U.S. companies struggle against Chinese trademark squatting

Registering a trademark in the United States is insufficient to protect the interests of a New Jersey company that wants to market goods and services overseas, especially in China. Chinese law defends the intellectual property rights of those entities that register a claim within the country first. This means that a Chinese company can claim a trademark recognized in the U.S. as long as it does it before the creator of the brand. A U.S. company entering China could then be forced to buy the rights from the holder of the Chinese version of the trademark.

SCOTUS to assess constitutionality of patent review system

Every day, the U.S. Patent and Trademark Office is inundated with patent applications, totaling to an average of 600,000 per year. This large number of requests combined with pressure from patent holders to speed up the deliberation process has led to an estimated 70 percent of patent examiners spending less time than they should on each application. The result has been an increase in erroneously granted patents. However, residents of New Jersey should know that there is a review system in place meant to address this problem. However, it soon may either be upheld or declared unconstitutional by the U.S. Supreme Court.

LeBron James and trademark law

New Jersey residents may know LeBron James from his time in the NBA. He has also formed a company called LBJ Trademarks that deals with trademarks such as those for inspirational quotes or sayings. While it may seem odd that someone can trademark a phrase, doing so can mean millions of dollars for the trademark holder. As it relates to simple words or phrases, a person may be able to trademark it even if he or she wasn't the first one to say it.

Sony denied trademark for new game

New Jersey businesses are able to seek copyrights and trademarks of their intellectual property in order to protect it. After companies file for copyrights or trademarks with the United States Patent and Trademark Office, their proposed marks and intellectual property will be investigated to make certain that they comply with the law and are not too similar to material that has already received trademarks or copyrights.

Benjamin Appelbaum, Attorney at Law - Intellectual Property

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