is a Managing Partner at Peroff Saunders P.C.. Mark has helped clients around the globe to protect their intellectual property and has seen intellectual property law evolve over an extensive career that has included government, multi-national corporations and private practice. His previous positions at the United States Patent and Trademark Office, in industry and in private practice enable him to bring a multi-faceted approach to strategic issues – advising clients not only on how to solve immediate problems, but on how to use their intellectual property as a strategic asset.
The number of trademark applications being filed by foreign companies with the United States Patent and Trademark Office (USPTO) has been growing steadily – and in China’s case rapidly – since 2013. In 2013, a total of 328,180 trademark applications were filed in the USPTO, of which 57,977 (17%) were filed by foreign applicants. In 2017, 451,009 trademark applications were filed with the USPTO and the total number filed by foreign-based applicants rose to 119,883 (26%)… It is important for U.S. companies to recognize that the increases in trademark filings in general and by foreign companies, in particular, signify future stiff competition in the marketplace and potentially serious threats to existing trademarks.
Mass market online filing services simply do not give their clients the time and attention they require and deserve during the trademark application process. The money clients end up spending trying to fix mistakes – in legal fees, settlements and redeveloping products, packaging and marketing materials – would have been better spent doing it right from the start with a professional who is qualified to advise and guide them.
Filming and photographing in public venues – parks, streets, subway stations – for ads, TV spots and social media videos can produce exciting, creative results for advertising campaigns, but companies advertising should be careful when using shots featuring graffiti in the background. It may be protected by copyright law. Even if the graffiti has not been lawfully created, but rather produced in an act of vandalism or trespass, the artist could raise a copyright infringement claim that could lead to a lawsuit.