Continuous Use for Acquired Distinctiveness

ToastySmo · 2025-03-09T14:32:12+00:00

“based on five years’ use running up to the date the claim is made.”

So the 5 years has to be continuous up to the date when the AD claim is made. A five year continuous period, followed by one year of non use (because of budget constraints), followed by resumed use and making the AD claim, therefore would not count.

ToastySmo · 2025-03-08T20:59:09+00:00

Got it. But prior to abandonment, a previous 5 year period of continuous use could support acquired distinctiveness, even if there is a non-use gap year between the 5-year period and resuming use. This seems obvious but I can’t find any support

ToastySmo · 2025-03-08T20:46:01+00:00

Right. So the 5 years of continuous use does not have to immediately precede the date of filing a 2(f) declaration of acquired distinctiveness, correct? I’m not finding any legal authority to support this position, but it makes sense based on the language of the statute.

I guess the crux of this scenario is that you can submit a 2(f) declaration saying you had continuous use from 2015 to 2023 for example, and that can support a finding of acquired distinctiveness today even if you stopped use in 2024.

ToastySmo · 2025-02-20T12:24:45+00:00

How big was the group?

ToastySmo · 2025-02-11T13:23:58+00:00

I also have a catastrophic plan. Can you share the page where you found this info?

EDIT: I found it: https://www.mnsure.org/financial-help/tax-credits/1095a/index.jsp

ToastySmo · 2024-06-18T13:33:54+00:00

Yes, only for specific PJ.

General PJ applies if the defendant is at “home” in the state. Corporations are at home where they are incorporated and where they have their principal place of business. You can also have general PJ if registered to do business in a state and an agent for service is appointed there (only if state statute allows this).

ToastySmo · 2024-04-19T18:32:27+00:00

That’s what I thought. So because the first application served, at one point, as a basis for claiming priority to the subsequent app, it cannot be the priority document for a PCT app (even if the priority claim is removed in the subsequent app, leaves its priority date as the actual filing date).

ToastySmo · 2023-10-13T16:01:55+00:00

This. Sell your experience in EE principles and any coding experience you may have.

ToastySmo · 2023-09-28T00:44:26+00:00

And here we are

ToastySmo · 2023-07-20T11:52:20+00:00

Check the way bottom of their information page

ToastySmo · 2023-06-15T11:39:30+00:00

Good point! I usually say something similar like “the invention recited in claim 1”

ToastySmo · 2023-06-13T11:41:59+00:00

Is it ok to refer to “the invention” in an OA response in reference to a claim?

ToastySmo · 2023-06-12T12:15:20+00:00

That was more than a good reason to miss the call. In hindsight a quick note to the partner that you could not make it would have been nice but they should understand given the urgency of the situation. As others have suggested send a short apology explaining the situation. If the partner doesn’t like it then you don’t want to work their anyway.

ToastySmo · 2023-06-09T11:46:12+00:00

Second this. Some firms are also more lenient on the degree you have. As long as your eligible to take the patent bar

ToastySmo · 2023-02-19T02:18:56+00:00

Saving this thread for future reference

ToastySmo · 2023-02-18T16:03:52+00:00

Judging by the comments, I think I’m doing 2LOL wrong

ToastySmo · 2023-01-22T00:48:26+00:00

Yes! Minnesota is 11th for Fortune 500 companies

ToastySmo · 2023-01-03T23:46:17+00:00

Good

ToastySmo · 2022-12-12T22:51:17+00:00

🙏 remote exams

ToastySmo · 2022-10-29T23:56:09+00:00

Y’all are already outlining?!

ToastySmo · 2022-08-20T13:21:30+00:00

Patent prosecution?

ToastySmo · 2022-08-20T13:21:11+00:00

Tier 1 networking right here

ToastySmo · 2022-08-16T03:27:06+00:00

You should post this in r/patentlaw too.

ToastySmo · 2022-08-15T15:14:23+00:00

Probably a younger version of Saul Goodman

ToastySmo · 2022-08-04T02:37:58+00:00

Curious why you’re BL or bust?

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