We are pleased to announce that Bill Borchard has produced the 2023 edition of his popular publication A Trademark is Not a Copyright or a Patent. This is its 49th year. We invite you to download as many copies as you wish from our website.

The main changes in this edition:

Trademarks

  • Added a paragraph on trademark fair use.

Copyrights

  • Added a paragraph on joint authorship.
  • Added a paragraph on copyright fair use.
  • Shortened the paragraphs on related laws protecting semiconductor chips, vessel hull designs, and counterfeit or illicit labels.

Although not mentioned in this publication, we have circulated a Trademark Law Alert that a new three-month deadline, instead of the prior six-month deadline, became effective December 3, 2022 to respond to a Trademark Office Action regarding applications for registration. Trademark applicants have the option to request one three-month extension for a fee of $125. If the applicant does not respond by the deadline, the application is deemed abandoned. This new rule does not apply Madrid Protocol applicants.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.