Domain Name Disputes
The Internet is an integral part of most clients’ business models, and quality legal representation in the areas of electronic content and domain name protections is now a critical need. Domain name protection works hand-in-hand with trademark protection. Under the Lanham Act, trademark holders have a cause of action against anyone who, with a bad […]
Trademark Searches
One of the most critical steps in selecting a trademark for use and registration is the trademark search. Often times this step goes overlooked or is underestimated because easily available searches conducted over the Internet may provide clients with the false sense of security that their proposed trademark is available. This may be compounded if […]
Opposition & Cancellation Proceedings
An entity or an individual who believes that they will be damaged by the registration of a mark on the United States Trademark Office’s Register may file an opposition proceeding or a cancellation proceeding. An opposition proceeding is filed during the prosecution of a trademark application and a cancellation proceeding can be filed after the […]
Trademark Prosecution
Trademark protection is an essential part of a company’s IP portfolio. McHale | Slavin has successfully prosecuted thousands of trademark registrations before the United States Patent and Trademark Office and understands the intricacies of trademark practice. Our experienced trademark attorneys will assist you in assessing the overall strength and viability of your mark to ensure […]
Licensing
A patent license involves the granting of permission from a patent owner – the licensor – to another party – the licensee – to make, use, sell or offer for sale the patented invention. In addition to general licensing concepts such as specifying the license grant and the consideration provided in exchange for the grant, […]
Patent Opinions
A patent opinion is a comprehensive analysis of a business entity’s position with respect to the patent landscape prepared by counsel utilizing the attorney’s experience in intellectual property law. There are four types of opinions commonly prepared by patent attorneys: freedom to operate opinions, infringement opinions, patentability opinions, and validity opinions. Freedom to Operate opinions […]
Post-Grant Proceedings
After a patent issues, post-grant proceedings can be a key component of patent protection as a tool to correct patents and to confirm or challenge the patentability of issued patent claims. Post-grant proceedings, including ex parte reexamination or inter partes review, can offer an alternative to federal court litigation, or cooperate with ongoing litigation, in […]
Design Patent Prosecution
Design patents are useful in protecting the non-functional ornamental shape of an article of commerce. A design patent relies primarily upon drawings and a single claim to communicate what is protected. The claim generally refers to the drawings as a standard of what is protected. The United States Patent and Trademark Office has defined the […]
Patent Prosecution
A utility patent protects the functionality of an invention consisting of a process, machine, manufacture, or composition of matter. It gives the owner the right to exclude others from making, using, or selling a product that practices the claimed invention. A design patent protects the ornamental configuration and/or surface decoration of an article of manufacture. […]