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We all have to deal with reality. Sometimes that reality can come bearing gifts, such as from the USPTO with fee reductions. Other times it can inform us that words matter: if we state a position regarding our patent claims then that means something – we can’t change our positions just because it’s convenient. And when we refer to our brands, we have the power to determine how strong they become, based on the words we say and our watching how others refer to them.

Finally, in terms of a different kind of reality altogether, our thoughts and prayers are with the children, women and men of Turkey and Syria who have been affected by the terrible recent earthquakes. We are proud of the spirit of brotherhood that pervades humanity in the face of such disasters, proud of our Israeli soldiers and medical teams that have gone to assist, and proud that we are just one nation among many that have banded together to whatever we can to help weather the immense challenges in the face of disaster.

 
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Caveat Emptor! Lessons From Cupp Computing As vs. Trend Micro Inc.

by Eviatar Aron, Patent Attorney

Rejection of a patentee’s disclaimer of a claim or a portion thereof in an administrative proceeding such as an IPR can be relied upon by the patentee in subsequent litigation. Right? No. Wrong! Read more here to find out what happened in a recent case between CUPP Computing As and Trend Micro Inc. to find out why.

READ MORE BY CLICKING HERE
 
 
 
 

8 Key Strategies to Prevent Genericide and Loss of Your Trademark Rights (“Genericide” Part 3)

by Ivan Lipshitz, Adv., JMB Davis Ben-David

In this my third and final article on this topic are 8 suggested key strategies and steps you can take to prevent your brand and trademark from becoming generic terms:

  1. Adopt Correct Grammar Usage
  2. Use the word ‘brand’ after the trademark
  3. Use the proper trademark symbols with your trademark
  4. Expand the use of the trademark for use on other related products or a line of products
  5. Engage the Media and Advertisers to use trademarks in the proper way
  6. Actively educate individuals both within and outside your organization about the correct use of your trademark
  7. Actively monitor and protect your trademark against infringement in social media and on e-commerce platforms
  8. Be creative and actively embrace a unique and standout public relations campaign and advertising program and strategy


In short, genericide of your mark does not need to be a consequence of your brand`s success. It is avoidable. Read more to find out how!

READ MORE BY CLICKING HERE
 
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USPTO Notable News – February 2023

2023 began with some good news for patent applicants from the USPTO! 

 

As part of the Unleashing American Innovators Act of 2022, the discount for small entity applicants was increased from 50% to 60% of the standard undiscounted fee. 

The “Cancer Moonshot Expedited Examination Pilot Program,” is expanding the availability of expedited examination to US patent applications that claim methods of treatment of cancer including but not limited to use of an immunotherapy. This also applies to “methods of treating a cancer by administering a specific pharmaceutical composition wherein the method comprises a step to diagnose the cancer” 

I did not realize a US Federal agency could wink at its stakeholders, but there you go.

READ MORE BY CLICKING HERE
 

JMB Davis Ben-David is pleased to announce that it is co-sponsoring this year’s Best Practices in IP (BPIP) annual conference.  The BPIP conference brings together international IP professionals and decision makers to provide the latest news and information on IP global issues, trends, and legislation that affect your company’s IP. 

 

Dr. Mike Hammer, a Senior Partner at JMB Davis Ben-David will be moderating a panel discussion that will tackle new developments in patentability requirements, particularly at the USPTO and EPO, and how to strategize patent filings from the earliest stages to address these changes.  The panel discussion will take place in the afternoon session and is entitled “You Can’t Always Get What You Want.” -  Patenting Aspirations vs. Patent Examination Reality. We look forward to seeing you there! 

LEARN MORE BY CLICKING HERE
 
 

Trademarks

The JMB Davis Ben-David trademark services team works with leading international brands seeking to merchandize their products in the US, Israel and the rest of the world.

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Designs

For 25 years, the JMB Davis Ben-David team has successfully assisted clients in registering design patents that protect their original designs for products ranging from medical devices to diamonds. 

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The JMB Davis
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YouTube Channel

You'll find our hour long webinars on Patents and using the Patent system to your advantage.

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We're here to help you with your patents, designs and trademarks.

We started JMB Davis Ben-David with one goal in mind: to help our clients navigate the challenges of securing rights to their IP. This includes patents, designs and trademarks.  Since 1995 we have been working with partners around the world so as to secure our clients’ IP rights.  We’re here for you.

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Managing Partner
JMB Davis Ben-David

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