Open/Close Menu San Diego based patent and trademark law firm founded in 1984 with over 1,700 patents issued and more than 1,200 trademarks registered worldwide.

Areas of Practice The Maxham Firm provides legal services in the field of intellectual property, specializing primarily in patent and trademark law. The Maxham Firm Patent Attorneys provides legal services in the field of intellectual property, specializing primarily in patent and trademark law. Each attorney is a members of the California bar and are registered to…

It is important to thoroughly understand how marks are to be used. A trademark is a word (or several words), a name, a symbol (such as one or more letters, or numbers, or a design), or any combination of these, used to identify and distinguish the goods of a business, and to indicate the source…

If you are doing business beyond the borders of the USA, the copyright laws may be different; it is important to register any trademarks you use abroad to cover the countries in which you are operating or selling, or have The choices for doing so are several. They include: 1) Country-by-country 2) Regions where the…

Post-Grant Review Proceedings The new United States patent law (AIA) includes several post grant procedures for affecting the patent. This paper will address post grant review (PGR), often previously referred to as opposition. Any third party may request post grant review within nine months after grant. Such a request may be based on any ground…

A. Major Change Resulting from the America Invents Act (AIA) The subject of “first inventor to file, replacing the current “first to invent” system, has gotten a large amount of the publicity. All patent applications with an effective filing date on or after 16 March 2013 are subject to the new law. However, any application…

The America Invents Act (AIA) One of the (potentially) most useful aspects of the AIA is already effective. It is Prioritized Examination (Track 1). For $4,000 ($2,000 for small entities), and without any prior art search or analysis, a request can be filed in the USPTO together with filing a new patent application. The early…

TRADEMARKS A. THE INTERNATIONAL WORLD OF TRADEMARKS 1. The European Union In the European Union the Community Trademark (CTM) registration system covers all EU countries with a single procedure and results in a single registration. The coverage of the CTM registration will expand along with the EU and any new countries will automatically be included…

Third Party Submission In Pending Patent Applications The America Invents Act has significantly expanded the possibilities for third parties to file submissions of documents in pending patent applications. As of 16 September 2012, such submissions can be made with respect to any patent application then pending or that is subsequently filed, subject to the timing…

BEWARE OF FILING PROVISIONAL APPLICATIONS ON INVENTIONS The popular press has made it appear that provisional applications are the way to go and that it saves money. Nothing could be farther from the truth. The actual filing fee in the United States Patent and Trademark Office (USPTO) is low for a provisional application, but that…

CONFLICTS BETWEEN TRADEMARKS AND DOMAIN NAMES The Internet domain name register will effectively register any domain name for a web page address on the Internet that is not identical to a previously registered domain name. Unfortunately the domain name registration takes no account of the class of goods or services associated with the domain name….

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