Intellectual Property Law Blog | Michigan IP Attorneys | Foster Swift

USPTO Trademark Timeline Is Speeding Up: What That Means for Your Brand

Mon, 15 Dec 2025 09:00:01 -0500

The United State Patent and Trademark Office (USPTO) recently released its year-end trademark performance report. Examination timelines are improving, backlogs are shrinking, and quality remains consistently high; strong news for businesses working to build and protect their brands.

First Actions Are Much Faster

In FY 2025, the average time to first Office Action dropped to 5.6 months, outperforming the USPTO’s 6.7-month goal.

For businesses, that means:

Earlier clarity on registrability
Faster brand decision-making
More efficient trademark protection timelines

Patent Protection and Profitability: What Can Large Companies Teach Small Businesses?

Mon, 08 Dec 2025 09:00:02 -0500

While larger companies typically dominate patent filings, if you’re a small or mid-size business, understanding how these giants use patents can offer valuable insights for shaping your own Intellectual Property (IP) strategy.

Patents and Profitability: What the Data Shows

In industries where R&D costs are high and products are easy to copy such as pharmaceuticals, biotech, semiconductors, and medical devices, patents often serve as the foundation for profitability. For companies such as Pfizer, Merck, Medtronic, and NVIDIA, patent exclusivity translates into premium ...

Keep Your Business Safe: What Santa Can Teach Us About Trade Secrets

Mon, 01 Dec 2025 09:00:03 -0500

Every December, my kids start whispering to each other and scribbling notes they think I can’t see. They’ve got a big secret: their wish list for Santa. They treat it like classified intel. Folded notes under pillows and sudden silence when I walk into the room. And honestly? They’re doing it right.

In the world of business, some “secrets” deserve the same careful treatment, we just call them trade secrets instead of holiday wishes.

What Makes a Trade Secret Special?

A trade secret is any information that has economic value and gives your business an edge because it is not ...

Strong IP Starts with a Smart First Step: What You’re Really Paying for in a Patent Search

Mon, 24 Nov 2025 09:00:04 -0500

A patent search isn’t just about the search results. It’s about the strategy that comes from understanding them. Most people think a patent search is just a long PDF and a list of patents, but the real value is in the knowledge that helps you make smarter business and IP decisions.

What You’re Actually Buying with a Patent Search

A patent search is not required before filing. Plenty of inventors file without ever running one. But when you do invest in a search, you’re not paying for documents, you’re paying for clarity, direction, and strategic insight.

Specifically, you gain ...

Use Trademark Knockout Searches Now, Save Costly Heartbreak Later

Mon, 17 Nov 2025 09:00:05 -0500

You’ve brainstormed, tested, and designed the perfect brand name. However, before you buy that domain or print your first label, one quick trademark search can save you from costly heartbreak. The strongest brands don’t just look good, they clear early. A knockout search is the first step to making sure your next big idea actually belongs to you.

The following post will help you learn:

What a knockout search really is and why it matters.
What your IP attorney looks for when reviewing search results and how involving an attorney early on can protect both your brand and your budget.
Why ...

When the Dough Rises Too Close to Home - A Hypothetical Trademark Story

Mon, 10 Nov 2025 09:00:06 -0500

The following is a hypothetical story meant for general educational purposes and is not based on any real-life business or dispute. Readers should consult an attorney prior to taking action to determine how this information may apply to a specific situation.

When the Dough Rises Too Close to Home

Fictional Scenario: For 30 years, Tony’s Brick Oven Pizza has been the pride of downtown Lansing, Michigan. Same family, same oven, same neighborhood aroma that says: 'Friday night is pizza night.' Then one day, Tony gets a letter. A fast-growing national chain called Tony’s Fire Pie™ ...

USPTO’s New Streamlined Claim Set Pilot Program: Faster First Office Action, If You Play by the Rules

Mon, 03 Nov 2025 09:00:07 -0500

On October 27, 2025, the United States Patent and Trademark Office (USPTO) rolled out the Streamlined Claim Set Pilot Program to test a pretty simple idea:

If you give the examiner fewer, cleaner claims up front, can the USPTO move your case faster and improve examination quality? Short answer: They’re going to try. Long answer: If you qualify and you’re strategic, this could be a legitimate speed boost.

Let’s break down what this is, who qualifies, and how I’d use it.

1. What is the Streamlined Claim Set Pilot?

It’s a special-status program. If you’re accepted, your patent ...

IP Monday: Six IP Mistakes that Startups Make (and How to Avoid Them)

Mon, 27 Oct 2025 09:00:08 -0400

The phases of launching a startup move fast, such as branding, prototypes, pitches, and investor decks. But amid the excitement, intellectual property (IP) strategy often gets left behind. The result? Costly mistakes that can derail growth or scare off investors.

Below are the most common IP missteps—and how to avoid them before they become expensive lessons:

1. Skipping the Trademark Search

Falling in love with a name before checking availability is a classic blunder. A professional knockout search can reveal conflicts before you invest in branding, packaging, and websites ...

What's the Real Impact with the Federal Shutdown and the USPTO?

Wed, 22 Oct 2025 09:00:09 -0400

When the federal government shuts down, much of the public—rightly so—worries about disruptions across agencies, services, and legal rules. But the USPTO (United States Patent & Trademark Office) occupies a special niche: because it is funded largely through fees and has built reserves, the now three-week shutdown has meant much less disruption for patent and trademark filers than for many other agencies. Here’s what is happening, and why the impact is expected to remain low, at least for now.

In the wake of the shutdown

On October 1, 2025, the government entered a shutdown at ...

Is Your Trademark Attorney the Grim Reaper?

Mon, 20 Oct 2025 09:00:10 -0400

Why Your Lawyer Keeps Killing Your Favorite Brand Names

It’s Halloween season, and while most people are worried about haunted houses or horror movies, business owners often face a different kind of fright: the dreaded “bad news” from their trademark attorney.

You come up with a brilliant name—catchy, creative, and perfect for your brand. You can already see it on signs, packaging, and social media. Then your attorney swoops in with the scythe:

“That name is too close to an existing mark.”
“The industry is crowded with similar names.”
“It will be tough to enforce if ...