Trademark & Patent Blog for Small Business by Andrew P. Lahser, Attorney

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Articles

Trademark Protection

  1. Trademark Office Action: How to respond
    A Trademark Office Action is a legal proceeding where the Trademark Examiner rejects your trademark application. Learn how to overcome the rejection.
  2. Trademark Symbol: How to (legally) use ® and ™
    Can I legally use the tm symbol ™ before I apply for a trademark registration? Yes, but NOT the registered trademark symbol ®.
  3. How to Defend a Trademark Opposition brought by a Major Corporation
    It should be possible for a small business to defend an opposition proceeding, even against a large or major corporation, with a relatively limited budget.
  4. How to avoid mistakes when filing your US trademark
    The US trademark registration form is deceptively simple. Some questions use legal terms-of-art and mislead first time users.

Software Law

  1. Do you have a Software Invention?
    Software patents protect the innovative concepts and ideas behind the source code. If your source code does something new, it may be a software invention.
  2. Software Law: Busting 4 Myths
    Software developers believe software law provides ownership of source code; good copyright protection is automatic; software patents are evil, and ...
  3. Registering a Software Copyright
    A software copyright registration helps to prove ownership, provide for money damages in court, and help prove copying by unfair competitors.
  4. How to Claim a Software Patent
    By filing a software patent application, you secretly reveal your software invention to the US Patent Office, before you sell or publish your software.
  5. Policing & Enforcing Software Infringement
    According to the American Intellectual Property Law Association, the average copyright litigation costs $310,000 to defend rights valued less than $1M. When value of the copyright rises to between $1M and $25M, the average costs rises to $850,000.
  6. Policing & Enforcing Software Infringement
    According to the American Intellectual Property Law Association, the average copyright litigation costs $310,000 to defend rights valued less than $1M. When value of the copyright rises to between $1M and $25M, the average costs rises to $850,000.

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