Newark Trademark Attorneys & Lawyers

Willful Infringement: What Is It?

Willful infringement is when someone copies a claimed invention and knew the entire time that the invention was patented, thus committing patent infringement. An infringement is considered willful when:

• A defendant engaged in acts that infringed the patent or copyright
• The defendant knew those acts were in violation of the patent or copyright. They still acted as if they were ignorant of the law or had reckless regard for the patent or copyright holder's rights

Simply put, anyone who copies an invention after it has been patented on purpose has committed a willful infringement. However, the infringement is not considered willful if:

• the person has copied the invention without knowing i

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Updated November 19, 2020:

What Is an Intent to Use Trademark?

An intent to use (ITU) trademark application shows a company's intent to use a trademark before actually putting it into use. The company must then put the mark into actual use within six months of the issuance of a Notice of Allowance.

Under Section 1(b) of the Lanham Act, there are two types of trademark applications that can be submitted to the United States Patent and Trademark Office (USPTO). They are intent to use (ITU) and statement of use (SOU).

The advantage of the ITU is that the fi

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Updated November 4, 2020:

What Is Trademark Permission?

Trademark permission allows a company or individual to legally use a trademark held by another person or business. Getting trademark permission from a trademark holder can help your company increase sales, generate brand awareness, and increase positive customer associations with your product or service. But if done illegally, using someone else's trademark puts you at serious risk for legal trouble.

Trademark permission, also called licensing, exists to allow others to use a trademark, a word or mark that exclusively identifies one person or company as the source of a product or service. When granting proper permission, the trademark owner can take advantage of other benefits as well. Perhaps these benefits come in the form of profits for every item sold under the trademark permi

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Updated November 18, 2020:

A trademark cease and desist letter asks a third party to stop using a trademark in commerce. Failure to do so can lead to a lawsuit, legal action, and fees. Whether you send or receive a cease and desist letter, consult an attorney to determine the right course of action for your situation.

Why Is Trademark Cease and Desist Important?

Trademarks protect any of the following that's directly related to a company and its products or services:

• Unique business names
• Slogans or catchphrases
• Logos
• Domain names
• Other intellectual property

Since trademarks are used in commerce, they are important for protecting your business and its livelihood.

The United States Patent and Trademark Office (USPTO) registers federal trademarks for interstate commerce. The Lanham Act, also known as

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Updated June 28, 2020:

What Does Trademarking a Name Cost?

Filing a trademark for your business name with the U.S. Patent and Trademark Office (USPTO) will cost between $225 and $600, plus legal fees. You can register with most states for $50-$150 if you don't want protection outside your state.

Trademark protection covers the designs, symbols, words or phrases that identify your business as a source of products or services and sets them apart from competitors' offerings. Business names, logos, and product labels can all be trademarked. If your company sells services instead of goods you would technically use the term "service mark" instead of tradema

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