By Ed Timberlake

From the way they are typically discussed in news stories, a casual observer could perhaps be forgiven for concluding that trademarks are primarily about confusion. In North Carolina – the only state that recognizes Trademark Law as a separate, board-certified specialty – we are not casual observers.As a result, we recognize that trademarks (and federal trademark registrations) might more properly be characterized by distinctiveness, by the ability to set one’s goods and services apart from others’. In an effort to accentuate this positive aspect of Trademark Law, here’s a look back at ten years of memorable trademarks registered at the U.S. Patent & Trademark Office.

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Art MacCord is a patent attorney with 40 years of experience. He keeps an eye on the U.S. Patent and Trademark Office and the U.S. Copyright Office for new rules and practice tips of interest to intellectual property attorneys. Find his latest updates here:

NCBA IPL Section Blog News Blasts for December 3, 2019

Updated Legal Framework for Patent Electronic System
https://www.uspto.gov/web/offices/com/sol/og/2019/week47/TOC.htm#ref9

Changes to Requirements for Orthodox Crop Seed Deposits at the Provasoli-Guillard National Center for Marine Algae and Microbiota (NCMA) at Bigelow Laboratory for Ocean Sciences
https://www.uspto.gov/web/offices/com/sol/og/2019/week47/TOC.htm#ref10

Patent Public Advisory Committee Annual Report 2019
https://www.uspto.gov/web/offices/com/sol/og/2019/week48/2019PPACAnnualReport.pdf

Trademark Public Advisory Committee Annual Report 2019
https://www.uspto.gov/web/offices/com/sol/og/2019/week48/2019TPACAnnualReport.pdf

America Invents Act (AIA) Trial Practice Guide (second edition)
https://www.uspto.gov/about-us/news-updates/consolidated-trial-practice-guide-november-2019

By Sarah Nagae

I am excited to start my role as Chair and to be working with a great group of attorneys on the Board, Council, and those serving as Committee Chairs (list here).

Three important notes:

• Our Annual Meeting will be held on Friday, April 3, 2020 in Wrightsville Beach. Please mark your calendar now and let us know if you have an idea for a topic, would like to be a speaker, or have a speaker recommendation. Our CLE committee co-chairs are Dan Becker ([email protected]), Erica Rogers ([email protected]) and Andy Prokepetz ([email protected]).
• If you are interested in joining a committee, we would love to have you. View our list of committees and sign up here.
• You will soon receive a short survey about the types of programming you would like to see this year. Everyone who responds will be entered into a drawing to win one of two $50 Amazon gift cards. We hope that this survey will enable us to understand your interests and preferences so we can plan our programs accordingly.

If you have any questions about the Section or would like to get involved but are not sure where to start, please contact me at [email protected] or (919) 360-1210.

By Angela Doughty

I would like to think my time as IPL Chair could be described as a compilation of assorted melodies creating the perfect intellectual property mixtape. As we look back, let’s lend an “ear” to the top tracks from the past year.

Track 1:  Is My Subject Matter Eligible?

Our Patent Committee hosted a Lunch & Learn with Carolyn Kosowski of the U.S. Patent and Trademark Office covering practical guidance on the USPTO’s examination procedure for subject matter eligibility under 35 U.S.C. § 101.

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U.S. Patent and Trademark Office’s China Intellectual Property (IP) Road Show
Find details and a registration link here.
9 a.m. – 4:30 p.m., Thursday, April 25
Sanford School of Public Policy, Duke University

The U.S. Patent and Trademark Office’s China Intellectual Property (IP) Road Show is a free, one-day program that brings together experts from the U.S. government, academics, IP attorneys, and local business people to share their insights on China and IP issues that will benefit U.S. IP rights holders.  The next China IP Road Show will be held at the Duke University Sanford School for Public Policy in Durham, North Carolina, on Thursday, April 25, 2019.  Registration is now open here.

The Road Show includes key participation from the USPTO’s China Team, a group of China IP experts who work nationwide to help U.S. businesses and inventors understand how to obtain and enforce IP rights in China.  Speakers at the road shows also include IP attorneys with decades experience in helping US companies protect and enforce their IP rights in China. This road show is one of a series that the USPTO is conducting across the country.  Join us to hear from experts about protecting and enforcing IP rights in China and the United States.