Podcasts about office action

Knowing how to compile an effective response is key when faced with an Office Action. Erik shares 25 top tips in this episode. Listen to Podcast The post 25 Office Action Response Tips appeared first on Erik M Pelton & Associates, PLLC.

Question: How may an examiner treat an amendment not fully responsive to a non-final Office action? Answer: An examiner may treat an amendment not fully responsive to a non-final Office action by: (A) accepting the amendment as an adequate reply to the non-final Office action to avoid abandonment under 35 U.S.C. 133 and 37 CFR1.135; (B) notifying the applicant that the reply must be completed within the remaining period for reply to the non-final Office action (or within any extension pursuant to 37 CFR 1.136(a)) to avoid abandonment; or (C) setting a new time period for applicant to complete the… The post MPEP Q & A 288: How may an examiner treat an amendment not fully responsive to a non-final Office action? appeared first on Patent Education Series.

Talking Patent Law with Satellite GirlAbout Arlyn AlonzoArlyn Alonzo is an intellectual property attorney (patents, trademarks, copyright). She has a special concentration on the preparation and prosecution of patent applications as well as support for technically complex patent infringement litigation cases. Arlyn has worked with clients in a variety of high-tech industries, including wireless communication systems and networks, optoelectronics, digital storage media, medical devices, and other electrical and mechanical inventions. Arlyn has also been influential in helping many litigation attorneys find their “super” expert witnesses to win their cases. Arlyn AlonzoIntellectual Property Attorney(310) 853-382700:00 Talking Patent Law with Satellite Girl01:33  How did Arlyn get the nickname of "Satellite Girl"?02:54  How did Arlyn transition from engineering to Intellectual Property Law?04:28  What types of Patents does Arlyn work on as a result of her engineering background?07:35 What are the types of intellectual property and what does Arlyn works on?08:51 How essential are referrals from other Intellectual Property Attorneys?10:35 What is the difference between a Utility Patent, a Design Patent, and a Plant Patent?13:12 Could someone apply for both a utility and a design patent if their idea is unique?14:24 What is a patent attorney's step-by-step approach in their client?18:04 What exactly is an Office Action?22:00 How often does Arlyn come across the same folks for the same type of invention?24:13 Who is Arlyn's ideal client?  25:47 What should the client have in order to contact Arlyn?26:56 Why you need a Patent Litigation expert involved in a LPatent Litigation Case?30:33 How did Arlyn become fluent in four languages?

On today's bonus episode of the podcast I'm talking about the bullshit I see business owners paying for that you don't need to be. Next Tuesday, December 13, I'm hosting two free masterclasses titled "7 Legal & Tax Myths: Busting Through the B.S. That's Costing You Money" to help ease your nerves before tax season whether it's the end of year stress around bookkeeping, filing your LLC or S Corp in the New Year, and overall transitioning your business into a new year. We'll be talking about bad advice, overhyped tax strategies, and common misconceptions. It's a lot of what not to do because oftentimes the "should do list" is actually much simpler than we assume. AND you'll get access to new bonus resources. Register to join at www.bradendrake.com/masterclass 1. A fee from [insert name of well-known company I won't mention here] Helping a client with their bookkeeping I noticed fishy charges on her books. I called the company to ask about the $300 fee and they said it was their Registered Agent Fee. A registered agent is the person who's responsible for receiving service of process if you're ever sued. You can be your own RA if you live in the state where your business is formed and organized, but you have to put your work address (which may be your home office address) on the forms so if you don't feel comfortable doing that or you travel a lot, you might want to hire a RA. You can typically get one in most states for about $50/year. I tried to look, and there didn't seem to be an added benefits for the extra $250 for this company. 2. Similar companies are charging $80 to file your EIN. Like what? It's free. Your EIN stands for Employee Identification Number, it's like a social security number for your business. Any time a form asks for your TIN (Tax Payer Identification Number) they're asking for your EIN or Social Security Number. They ask for your TIN on W9s. You can do this for free on the IRS website by Googling "IRS EIN Application." Go ONLY to the IRS.gov link, you have to do it during IRS business hours despite being online. The questions you ask you may be difficult, but these websites that are charging you are asking you the exact same questions and charging you for nothing that you aren't already answering yourself. 3. Bad contract templates → don't buy ones that aren't for your industry A lot of companies out there are offering very generic templates and you'll end up with like wording for a construction project in your wedding planning contract. You don't need to be paying hundreds of dollars for these templates so maybe don't spend $100-$300 for literally every single contract you need and the issue of going to a local attorney is that they won't know the nuance of your industry to include. This is why we have the Contract Vault which has all the contracts you need for $30. Ethically I could charge $500 for this because there are contracts in there that every business owner needs i.e. a client contract, a contractor agreement and a privacy policy and then we have our cancellation, postponement and release agreements that are good to have on hand. If you need a template, buy my templates then if you want to have it reviewed then you can take it to a local lawyer and spend the money on that instead of more expensive templates. 4. You can form your LLC through the state website. Using an online service has little benefit, like the EIN. Again, paying a third party is silly because they're asking you the same questions your state website will ask. On the flip side, a lot of people think that an LLC formation is like an EIN, that it's just a form online. Yes, true, but it's all the things that go into it after forming an LLC like a new EIN, a new bank account, having an operating agreement, updating your business license, have meeting minutes, etc. These are a handful of the things you need to do. We walked through these steps in episode 257. A third party company should be giving you these resources along with the filing, but I've seen from experience that's not always the case and a lot of it can fall through the cracks. I also don't believe it's the responsibility of the companies to notify you about your annual fees and annual filings, and I've seen students have their LLCs dissolved because they did not keep up with these annual things because these third party companies did not educate them on what they needed to keep up with. Most of the filing steps you can do on your own and for those you can't our ProfitRx membership can walk you through them for $100/month. While we want you to stay for months and months, you could join for one month, form your LLC with our trainings, and then be done. 5. Trademarks → online services are generally a no. For some context, I hired an attorney for my Unf*ck Your Biz. That went through with no issues. I did my own for Profit Rx and had a couple minor hiccups that if I had hired a trademark attorney these would not have happened. I got an Office Action which is a letter you get back that says you have x,y,z issues to be corrected and sent back. Mine were only minor corrections I should be able to correct. Some Office Actions are much harder and would require you to hire an attorney, for example Likelihood of Confusion is a common one and you need to prove why there wouldn't be confusion, an attorney could tell you if this is a red, yellow or green on likelihood of proving this. Major hiccups can cost you major money. What I recommend to my ProfitRx students is that they do a general search for their business name. If they see nothing, you can file on your own but if you see something remotely similar or competitive, I would recommend hiring an attorney. Don't forget to sign up for "7 Legal & Tax Myths: Busting Through the B.S. That's Costing You Money" at www.bradendrake.com/masterclass AND you'll get access to new bonus resources. I'll see you Tuesday, December 13.

As an entrepreneur, you'll have to take care of more than just the basic needs. Legalities can make or break a company if they're not handled properly. Tune in today as Nicole Schaefer of Yellow Dog Legal joins us for a new episode of the "Finally Marketing That Works" podcast with her best tips to help entrepreneurs understand what might seem like minor details but can end up having huge consequences if left unattended! See yah! Highlights of This Podcast: [02:03] Yellow Dog legal [02:15] blogging website for lawyers. [03:47] trademarks protect things [05:11] everybody should have a trademark [06:25] common law trademark [08:15] trademarks are taking about six to nine month [08:33] I do charge a flat fee for trademarks [09:22] Office Action [10:08] have to be renewed [10:35] ask for proof [11:22] I chose this area actually is because it's federal [12:55] R means that you're officially registered [13:27] part of having a trademark is having a duty to enforce it. [16:07] do something arbitrary or fanciful [18:13] Get your contracts in order and hire an attorney YouTube Video Podcast Link: https://youtu.be/R-HIW5Wn2Q4

Question: When may the claims of a new application be finally rejected in the first Office action? Answer: The claims of a new application may be finally rejected in the first Office action in those situations where: (A) the new application is a continuing application of, or a substitute for, an earlier application, and (B) […] The post MPEP Q & A 229: When are the claims of a new application finally rejected in the first Office action? appeared first on Patent Education Series.

There are four key elements to a strong office response and finding compelling evidence. Listen as Erik explains these four separate components and why they are important to increasing the odds of success. Listen to Podcast The post Building a Strong Office Action Response appeared first on Erik M Pelton & Associates, PLLC.

https://www.dbllawyers.com/responding-to-a-2d-likelihood-of-confusion-rejection-by-the-uspto/ This is a complex issue that may be difficult to overcome.  Because this is the case – while you have the option to file a response yourself, we recommend contacting us and speaking to one of our experienced attorneys – which include form USPTO examiners with decades of experience.  To learn more, please continue reading below. A “Section 2(d)” or “Likelihood of Confusion” refusal will issue if the Examining Attorney feels that there is a likelihood of confusion with a prior-filed trademark registration. Two marks do not need to be identical in order to cause a likelihood of confusion, nor do they need to be used in connection with identical products or services. If the marks are too similar and are being used in connection with related products or services, the Examiner may find a likelihood of confusion. The inquiry is therefore highly subjective and reasonable minds often will differ about whether two marks are confusingly similar. In order to overcome a Section 2(d) Office Action, you need to submit a defense of your mark that analyzes all of the relevant likelihood of confusion factors as they apply to the marks at issue.  The issue is not whether the two (or sometimes more) marks or the goods or services offered are likely to be confused but, instead, whether there is a likelihood of confusion as to the source or origin of the goods or services because of the marks used on or in connection with the goods. The degree of how related makes are in this context is viewed in light of all the factors under a case called In re E. I. du Pont de Nemours & Co.  Courts have looked at these factors in different ways and this allows a creative attorney who is experienced and familiar with a host of different case law to make the right argument as to why registration should be allowed. Two very important points with respect to the duPont factors: First, not all of the factors are relevant in every case, and second any one of the factors may control a particular case.  The two main factors – that apply in every case are: The similarity or dissimilarity of the marks in their entireties as to appearance, sound, connotation and commercial impression, and The relatedness of the goods or services as described in the application and registration(s). The other factors that might be relevant are: The similarity or dissimilarity of established, likely-to-continue trade channels. The conditions under which and buyers to whom sales are made, i.e., “impulse” vs. careful, sophisticated purchasing. The number and nature of similar marks in use on similar goods. The existence of a valid consent agreement between the applicant and the owner of the previously registered mark. There are other strategies as well.  If you would like an analysis of your likelihood of confusion rejection by the USPTO, click this link to schedule a call or request a written analysis.  Our attorneys include former USPTO trademark examiners with decades of trademark experience.

Question: List one consequence for when the patent owner fails to file a timely response to any Office action prior to an Action Closing Prosecution (ACP). Answer: If the patent owner fails to file a timely response to any Office action prior to an Action Closing Prosecution (ACP), it will result in the following consequences: […] The post MPEP Q & A 165: When Patent Owner Fails to File Timely Response to Any Office Action Prior to an Action Closing Prosecution (ACP) appeared first on Patent Education Series.

Taking care of the deadline is the first thing to be done. Listen to this podcast and find out the rest. Listen to Podcast The post What makes a good trademark office action response? appeared first on Erik M Pelton & Associates, PLLC.

What is an office action? Listen to this podcast to find out. Listen to Podcast The post Office action, bootcamp and a workbook appeared first on Erik M Pelton & Associates, PLLC.

In this episode I go over the basics of how to prepare a response to an Office Action, such as the formatting, introduction, and conclusion.

Do you want to know what trademark can protect and why you might need one? Tune in to this episode of Law and Wit: Creative Counsel for Entrepreneurs and learn about federal trademarks and how can they help protect your brand. This episode from attorney-for-creatives Brittany Ratelle dives into the tips and tricks of using these registrations to protect the distinct characteristics of your business that may be at risk of getting ripped off, counterfeited, or diluted by other competitors or brands in your particular niche. In this episode, you will learn: what are the steps in getting a trademark what stoplights have to do with good trademark strategy why Legaldoom and other online form fillers may be a disaster if you try to DIY a trademark application with a lawyer on your side what the heck is an Office Action and how do you respond to it how trademarks can stop counterfeit goods what can be trademarked how trademarks can be the first (and necessary) step before licensing, franchising, or partnering with others to grow your brand beyond your reach what the difference is between ™ and ® anyway? how much does a trademark cost and about how long does it take to get finalized what questions and prep you want to have ready when you talk to a trademark/intellectual property attorney PLUS -- get a special secret code word at the end of the episode that will get you $100 bucks off ANY trademark package with Brittany Ratelle of Ratelle Law - legal services for creative entrepreneurs.  Transcript here Listen below in the plug-in, or the find the podcast on iTunes, Overcast, Stitcher, Spotify, and on iHeartRadio. Interested in more free resources to help with the legal side of running a creative business? Tune in to my  FREE Legal Q and A's for Creative entrepreneurs on Tuesday evenings,  8:30 pm Pacific, 9: 30 pm MDT on IG LIVE!!!! To see other Q & A’s, I post them on my YT channel here. You can submit questions on my IG profile or hop on during the live to get them in the queue -- first asked, first answered! For more short and sweet legal tips -- follow me on IG and subscribe to my newsletter here (you get a free legal checklist for your creative business).

In this episode I go over the three general options you have for responding to an Office Action, which are: abandon, amend, or argue.

In this episode I go over the basics of how to read an Office Action, and the steps you should take when you receive an Office Action.

Question: An attorney of record may have to submit information in reply to an Office action, a reissue application, or a reexamination proceeding. List 2 different types of information this may include. Answer: An attorney of record may have to submit information in reply to an Office action, a reissue application, or a reexamination proceeding; […] The post MPEP Q & A 152: Information an Attorney of Record May Have to Submit in Reply to an Office Action, Reissue Application, or Reexamination Proceeding appeared first on Patent Education Series.

Office Actions from the USPTO can be one of the most confusing – and important – aspects of the trademark application process. Erik explains in this podcast. Listen to Podcast The post What is a trademark office action? appeared first on Erik M Pelton & Associates, PLLC.

Attorney Steve discusses the "office action letter" you might get from the USPTO if your trademark application (or servicemark) is intially denied.  If so, you will have 6 months to respond and cure the defects in your application, disclaimer certain things, provide a specimen etc. If you need help with intellectual property legal issues such as trademark (including trade dress), copyright, or trade secrets give us a call at (877) 276-5084 or go to AskAttorneySteve.com. We work with businesses large and small and offer flat rate legal fees for most of the projects we work on.