Posts by Michael Sherrill, Sherrill Law Offices

A trademark is any word, design, scent, name, sound, or other thing that is capable of distinguishing one person’s or company’s goods from another’s, and indicating that such “branded” goods come from a single source – even if that source is unknown. A service mark is the same as a trademark; the only difference is…

The Federal Government instituted sweeping changes to United States Patent Law with enactment of the “America Invents Act” a few years back.  One of the most significant changes is a change from a First to Invent system to a First to File system. The old First to Invent system awarded inventors who were first to…

A trademark is any word, design, scent, name, sound, or other thing that is capable of distinguishing one person’s or company’s goods from another’s, and indicating that such “branded” goods come from a single source – even if that source is unknown.  A service mark is the same as a trademark; the only difference is…

The Federal Government instituted sweeping changes to United States Patent Law this past fall with enactment of the “America Invents Act” (“The Act”).  The ten aspects of The Act which will likely have the biggest impact upon small and startup businesses were listed in the January issue of Corporate Cranium.  The first of these aspects…

The Federal Government instituted sweeping changes to United States Patent Law this past fall with enactment of the “America Invents Act”.  While many of the substantive changes do not take effect until fall of 2012, it is important to understand the likely consequences, both intended and unintended, of these changes in order to avoid costly…

You’ve just come up with an idea for a new product or process or an improvement on an existing product or process.  You’re convinced that if this invention works the way you think it will, you’ll be rich beyond your wildest dreams.  You know that you need to patent this invention to prevent competitors from…

To establish trademark rights in a descriptive term the user must be able to prove that in addition to its normal meaning, consumers have come to also recognize the term as a designation of source (i.e., the term has acquired secondary meaning or distinctiveness).  Specifically, it must be shown that the consuming public primarily thinks…

Trademarks can take many forms, including words, designs, slogans, scents, names, sounds, colors, etc. However, not every such designation is entitled to the status of a trademark and the rights appurtenant to such status.  Such designations, to be entitled to the status of a trademark, must be used in connection with goods or services, must…

Most business owners are well aware that a United States utility patent is an expensive proposition, costing anywhere from $10,000 to $20,000 per invention with no promise or guarantee that a patent will issue on the invention.  However, in many fields, it is virtually impossible to start and maintain a competitive business without them. The…

The United States allows inventors to patent “anything under the sun made by man that is useful, novel, and non-obvious.” Made by Man Patent protection can be secured only for subject matter that involves the hand of man.  Discovery of something that exists in nature – while perhaps an important and valuable discovery – cannot…