It all depends. Some examining attorneys will give the applicant some leeway in "reciting around" a cited registration. Other examining attorneys...

I just received a trademark office action. What is your initial opinion on this statement from the examiner?

It is very difficult to give you an answer to your question without studying the entire office action. That being said, it is not uncommon for a...

Hi, I'd like to know if I can use a trademark that's been dead since 1993 and it's the same name just in the plural.

Even though the TESS search states that the application/registration is "dead," that does not mean that the original applicant/registrant (or...

Can an applicant (non-attorney) interview Examining Attorney for refusal of trademark for likelihood of refusal?

If you are proceeding as your own "attorney" (i.e., pro se), yes, you can certainly contact the examining attorney handling your application. You...

Is it enough to change the "how" of a patent claim and not the "what?"

If I understand your question correctly, you are asking if claiming a new use of a pre-existing apparatus will be sufficient to confer novelty? ...

Provisional patent applications are not "substantively" examined, i.e., the USPTO does not conduct a prior art search to identify similar patents,...

Typically, an inventor's execution of a declaration would be required to obtain a U.S. patent. However, the U.S. Patent Office has procedures in...

How much is the "minimum cost" for a patent?

It is quite difficult to answer that question as the potential costs for a patent attorney to prepare and file a response to an office action can...

I have written a book and I am looking to self publish can I go through a lawyer to patent it?

I think what you're going for is a copyright registration, as opposed to patent protection. You can contact your local bar association and ask for...

Trademark office will put trademark hold

Having a trademark registration "suspended" is not uncommon. You just have to be patient and wait until the other application is finally disposed...