San Francisco Copyright Attorneys & Lawyers

What Are Likelihood of Confusion Factors?

Likelihood of confusion factors are the legal standards used to determine whether trademark infringement has occurred. The factors are also used as one of several tests conducted by the United States Patent and Trademark Office (USPTO) to determine whether a trademark application is approved.

The likelihood of confusion test is used to decide if a trademark is likely to be confused with another trademark. 

The Role of a Trademark Attorney

The attorney that is examining the trademark needs to do a search of the USPTO records to find out whether the applicant's mark is similar to any other registered mark that may cause confusion or mistake if i

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Acceptable Identification of Goods and Services Manual: What Is It?

The Acceptable Identification of Goods and Service Manual is the guide put out by the United States Patent and Trademark Office or USPTO that describes the appropriate terms to use when describing goods and services on a trademark application that is filed with the USPTO.

Acceptable identification of goods and services is part of the trademark application process through the USPTO. The section requires the applicant to describe any goods and services that are being registered with clear or concise language.

Though the list given in the Acceptable Identification of Goods and Services Manual isn't exhaustive, it is more extensive than

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Updated November 27, 2020:

Patents: What Are They?

Understanding how to patent something is a part of knowing how to patent an idea. Patents are legal documents that describe, illustrate, and register your original invention, design, or discovery. There are four types of patents:

• Utility Patents: These cover things like machines, processes, and systems.
• Design Patents: These cover manufacturer designs and the way things look.
• Plant Patents: These cover plant discoveries, developments, or reproductions.
• Provisional Patents: These are p

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Updated November 19, 2020:

What Is Contributory Infringement?

Contributory infringement happens when a person or company uses material protected under infringement laws, such as patent infringement, without permission. Contributory infringement is also called:

• indirect liability;
• indirect infringement;
• vicarious liability;
• contributory liability;
• secondary liability.

It involves material protected under copyright, patent, or trademark laws. It makes third parties responsible for being part of illegal copying. Even if you aren't the person who directly breaks a license, you could

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Updated June 30, 2020:

What Are Trademarks?

Trademarks are word, phrase, or symbol, which represent a company or product. They distinguish the products or services of one company or organization from those its competitors may provide. People can register trademarks to legally protect the rights to their creations, or intellectual property. Some other examples of trademarks include acronyms (like NBC, IBM) and extend to slogans, stylized fonts, and even colors. Read on to understand why trademarks are important and to see a list of trademark examples.

Why Trademarks Matter

Trademarks matter beca

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