January 2025

McCoy Russell has been examining the rise of dupe culture and its implications for consumer trust and brand protection. The previous post highlighted concerns surrounding this trend. While dupes are not inherently illegal, they often blur the line between inspiration and infringement, creating opportunities for counterfeit products to thrive. Unlike dupes, counterfeits directly violate trademarks by copying brand names, logos, or designs to mislead consumers into believing they are purchasing authentic goods.

In this post, McCoy Russell delves into strategies for protecting brands and maintaining consumer trust through the effective use of intellectual property.

Trademarks are a cornerstone of branding, enabling companies to establish their identity and foster consumer confidence. They serve as evidence of ownership and grant the exclusive right to use the registered mark in commerce for the specified goods or services. This foundation enables brands to take enforcement actions, such as sending cease-and-desist letters or requesting takedowns on selling platforms, when infringement occurs.

An essential component of any enforcement plan is actively monitoring trademark activity to address dupes and counterfeits as they emerge. A registered trademark provides the legal backing necessary for effective takedown efforts, going beyond simple pressure tactics. Additionally, the rise of dupe culture presents an opportunity for brands to enhance awareness by collaborating with sellers and influencers, launching campaigns that educate consumers about dupes and counterfeits, and reinforcing trust in their products.

McCoy Russell has an active specialty in trademark and branding with its lead partner having over 20 years of experience in trademark practice. Well-known mark protection, trade dress and product configuration, and world-wide portfolio development and management comprise the cornerstones of McCoy Russell’s branding practice. With over 250 active conflict matters worldwide, including opposition and cancellation proceedings, McCoy Russell offers comprehensive trademark strategies to protect brands.

Contact us today to learn how we can support your brand protection efforts. Contact us if we can be of assistance.

The USPTO has made changes to both their patent and trademark fee schedules which take effect on January 18 2025 for Trademarks and January 19 2025 for Patents. McCoy Russell outlines the changes to the fees below.

Major changes to Patent Fees include:

• First-stage utility patent maintenance fees increase from $2,000 to $2,150
• Second-stage utility patent maintenance fees increase from $3,760 to $4,040
• Third-stage utility patent maintenance fees increase from $7,700 to $8,280
• Fees for patent term extensions increase by 119%
• Fees for excess claims over 20 increase by 100%
• Fees for second and subsequent RCE increase by 43%
• Fees for patent term adjustments increase by 43%
• Fees for petitions for revival increase by 43%
• Fees for unintentional delays of over 2 years increase by 43%

Major changes to Trademark Fees include:

Application Fees:

• Paper Applications (CFR 2.6(a)(1)(i)): Increased from $750 to $850 per class.
• Applications via WIPO (CFR 2.6(a)(1)(ii)): Initial filings increased from $500 to $600 per class.
• Subsequent designations also raised from $500 to $600 per class.
• Electronic TEAS Standard Applications (CFR 2.6(a)(1)(iii)): Replaced with a base application fee set at $350 per class.
• Post-Registration and Declaration Fees

Section 8 Declarations (CFR 2.6(a) (12)):

• Paper filings increased from $325 to $425 per class.
• Electronic filings increased from $225 to $325 per class.

Section 15 Declarations (CFR 2.6(a) (13)):

• Paper filings increased from $300 to $350 per class.
• Electronic filings increased from $200 to $250 per class.

Section 9 Renewal Applications (CFR 2.6(a)(5)):

• Paper filings increased from $500 to $525 per class.
• Electronic filings increased from $300 to $325 per class.

New Fees

• Insufficient Information for TEAS Applications (CFR 2.6(a)(1)(iv)): Introduced at $100 per class (paper or electronic).
• Use of Free-Form Text Boxes for Goods/Services (CFR 2.6(a)(1)(v)): Introduced at $200 per class (paper or electronic).
• Additional Text Beyond 1,000 Characters (CFR 2.6(a)(1)(vi)): Introduced at $200 per 1,000 characters (paper or electronic).
• TTAB and Petition Fees

Petitions to the Director (CFR 2.6(a) (15)):

• Paper filings increased from $350 to $500.
• Electronic filings increased from $250 to $400.

Petitions to Revive Applications (CFR 2.6(a) (15)):

• Paper filings increased from $250 to $350.
• Electronic filings increased from $150 to $250.

Other Adjustments

• Letters of Protest (CFR 2.6(a) (25)): Increased from $50 to $150.

Amendments and Statements of Use (CFR 2.6(a)(2) -(3)):

• Fees increased by $50 per class for both paper and electronic filings.

As a proactive firm, McCoy Russell aims to bring these changes to attention to provide strategic solutions for intellectual property portfolio development. Contact us if you think we can be of assistance or have questions.

On December 27, 2024, the Korean National Assembly passed an amendment to the Trademark Act, set to take effect six months after promulgation. This amendment introduces a notable change to opposition practice in Korea, specifically, a shortened opposition period after publication.

The amendment reduces the opposition period from two months to just 30 days, similar to the practice in the United States.

A 30-day opposition period provides for a more streamlined and faster process for trademark registration. The Korean change aims to expedite the registration process for applicants, allowing them to secure trademark protection more quickly should no opposition be contemplated by a third party. However, potential opposers must act quickly, filing a preliminary notice of opposition within the 30-day window and submitting a full opposition petition within another 30 days (with extensions possible for national applications). This adjustment will apply to Korean Trademarks published after the amendment’s enactment.

Trademark owners are recommended to take note of this change as quick action will be required in Korea should a potential conflict be identified after publication. McCoy Russell attorneys work closely with Korean counsel to handle international patent and trademark prosecution, patent and trademark licensing, patent non-infringement and invalidity studies, trademark oppositions and cancellations, and patent and trademark litigation matters.

The USPTO has made changes to both their patent and trademark fee schedules which take effect on January 18 2025 for Trademarks and January 19 2025 for Patents.

Patent fees

• First-stage utility patent maintenance fees increase from $2,000 to $2,150
• Second-stage utility patent maintenance fees increase from $3,760 to $4,040
• Third-stage utility patent maintenance fees increase from $7,700 to $8,280
• Fees for patent term extensions increase by 119%
• Fees for excess claims over 20 increase by 100%
• Fees for second and subsequent RCE increase by 43%
• Fees for patent term adjustments increase by 43%
• Fees for petitions for revival increase by 43%
• Fees for unintentional delays of over 2 years increase by 43%

These updated patent fees aim to provide the USPTO with additional resources to reflect the budgetary impact of new discounts enacted under the Unleashing American Innovators Act for small businesses, independent inventors, and others who qualify as “small entities” or “micro entities.” Additionally, the updated fees are intended to allow the USPTO to maintain efficient operations and support for the 14,000+ employees across the country dedicated to serving American innovators.

For further details, you can view the complete rule here (https://www.federalregister.gov/documents/2024/11/20/2024-26821/setting-and-adjusting-patent-fees-during-fiscal-year-2025).

PORTLAND, OR, Jan. 7, 2025/ –McCoy Russell compiled a list of the top patent law firms based in Oregon. The patent firms are ranked by the total number of U.S. design, utility, and plant patents issued in 2024 where the patent firms were listed on the front of the patent. Included firms have over 50 patents with an Oregon inventor.

As one of the few women-owned intellectual property firms with a national practice, McCoy Russell continues to be a major player in patent prosecution practice both locally and nationally. McCoy Russell LLP continues to innovate and refine the practice of intellectual property law, leveraging the most from our highly-skilled administrative and technical staff to the benefit of our clients. The firm provides integrated strategies for elegant, high-quality patent and trademark solutions and intellectual portfolio development.

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McCoy Russell LLP is a nationally ranked boutique, woman-owned, intellectual property law firm headquartered in Portland, Oregon and focused on the prosecution and development of patent and trademark portfolios. www.mccrus.com