BrownWinick Attorneys Named to 2022 Best Lawyers® List

By: BrownWinick | 08.19.2021

BrownWinick is pleased to announce that 21 lawyers have been included in the 2022 Edition of The Best Lawyers in America. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. BrownWinick would like to congratulate the following attorneys named to the 2022 The Best Read…

Date of First Use Anywhere

By: Jordan Meggison-Decker | 06.21.2021

  There are two dates that must be specified in every trademark/service mark application. They are, the date of first use anywhere and the date of first use in commerce. TMEP 903.03. The date of first use anywhere will always be earlier than or the same as the date of first use in commerce. Id. Read…

Patent Litigation Team Secures Victory After Eight-Year Battle.

By: BrownWinick | 03.23.2021

  The United States Supreme Court recently denied a petition for writ of certiorari filed by the opposing party in a patent infringement matter handled by BrownWinick Patent Litigation attorney Michael Dee. Effectively ending more than eight years of vexatious litigation against five BrownWinick clients. The plaintiff, GS CleanTech, filed suit against five BrownWinick clients Read…

Trademark Consent and Coexistence Agreements

By: Jordan Meggison-Decker | 08.24.2020

  Usually, an entity registers their trademark to prevent consumer confusion and/or unpermitted use of their valuable branding. However, due to the sheer volume of new businesses annually and their tendency for rapid growth, it is not uncommon for two or more companies to use extremely similar marks without knowledge of the others’ existence. Most Read…

USPTO Announces COVID-19 Prioritized Examination Program for Certain Trademark/Service Mark Applications

By: David Breiner | 06.16.2020

  The United States Patent and Trademark Office (USPTO) recently announced a new COVID-19 prioritized examination program for certain trademark and/or service mark applications.  To qualify, the applications must cover a product that is subject to U.S. Food and Drug Administration (FDA) approval for use in the prevention and/or treatment of COVID-19 or a medical Read…

The United States Patent and Trademark Office Announced a New COVID-19 Prioritized Examination Pilot Program

By: David Breiner | 05.13.2020

  The United States Patent and Trademark Office (USPTO) announced a new COVID-19 Prioritized Examination Pilot Program.  Under this new pilot program, the USPTO will grant requests for prioritized examination to patent applicants that qualify for small or micro entity status without payment of the typical fees associated with other prioritized examination. In addition, the USPTO Read…

Who Owns the Intellectual Property Rights Associated with Hydroxychloroquine?

By: Jordan Meggison-Decker | 04.20.2020

  As efforts to discover new treatments for COVID-19 continue, attention has been brought upon an old drug, hydroxychloroquine.  The renewed attention follows several statements by the Federal Drug Administration (“FDA”) and issuance of an Emergency Use Authorization for use of hydroxychloroquine from the national stockpile for treatment of COVID-19. Hydroxychloroquine is a “modern” synthetic Read…

Protecting Trade Secrets During a Pandemic

By: Jordan Meggison-Decker | 03.30.2020

  In response to the COVID-19 pandemic, many employers have been forced to require employees to work remotely.  Requiring large numbers of people to work from home helps limit the spread of the virus and enables business to continue.  However, employees working remotely can pose challenges to a company’s valuable trade secrets.  Trade secrets can Read…

COVID-19 Will Spawn a Slew of New Patent Filings

By: David Breiner | 03.26.2020

  Currently, we are inundated with information about COVID-19, which is short for coronavirus disease 2019. Coronaviruses are relatively large spherical viruses having projections extending from their outer surface. Once attached to a host cell, the host cell cleaves, allowing the genetic material of the virus to enter the host cell. Once inside, the genetic Read…

Granting of Waivers by The United States Patent and Trademark Office for Abandoned or Canceled Patent and Trademark Applications

By: David Breiner |

  The United States Patent and Trademark Office (USPTO) considers the effects of the Coronavirus outbreak to be an “extraordinary situation.” As such, the USPTO has taken steps to reduce certain costs associated with reviving cancelled or abandoned patent and trademark applications. Filing responses and paying fees associated with patent applications often come with hard Read…