IP Monday Law Blog 

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 ...

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 ...

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 ...

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 ...

Did you know that one of the most common reasons the United State Patent and Trademark Office (USPTO) refuses trademarks isn’t because of the name itself — it’s the specimen you submit? Let’s make sure yours doesn’t fall into that trap.

This blog will address:

• What counts as a valid trademark specimen.
• The differences between specimens for goods vs. services.
• Common mistakes applicants make (and how to avoid them).
• Why ornamental use can trigger refusals.

Why this Matters

A specimen is proof that you’re actually using your mark in commerce. The USPTO doesn’t just want ...

Just like Michigan trees transform every fall, your idea transforms through the patent process — changing colors, shedding what doesn’t work, and eventually emerging stronger.

Fall in Michigan is about transition and preparation: leaves change color, plants shed the old to protect the new, and the air signals the shift into a new season. The patent process follows a similar rhythm. You start with an idea, let it develop, strip away what doesn’t hold up, and — if nurtured well — finish with a granted patent that stands tall and strong as an oak.

A Roadmap to the Patent Process 

For most organizations, the most valuable thing that they possess is their intellectual property (IP) portfolio. Patents, trademarks, and copyrights aren't just papers and concepts; they embody potential revenue streams, competitive advantages, and brand reputations. However, for LLCs, deciding the ownership structure of these IP assets is a critical decision, with implications on profitability, legal exposure, and overall business sustainability. To better understand what approach might be best for an organization, it is important to know the pros and cons of each type of ...

Imagine spending years finalizing a creative work only to discover another has come along that shares your plot twists and characters. Whether you are crafting a book, screenplay, film, or any other creative work, understanding what copyright protection actually provides and what it does not, is crucial, especially if you stumble upon a work from another party that seems strikingly similar to your own.

Learn more on "Understanding Copyright Protection for Creative Writers" from IP attorneys Lindsey Mead and Mike Murshak.

In the U.S., patent rights generally go to the first inventor to file — not the first to invent. Filing early secures your place in line. But the type of application you choose (provisional vs. non-provisional) can dramatically affect both your protection strategy and your costs.

Think of it the way Detroit’s automakers approach innovation. When a new engine part, safety feature, or design is still being tested, companies often file a provisional to secure their place in line while engineers refine the details. Once the invention is finalized, they move to a non-provisional

Picking a new business name? A trademark is more than just a logo — it’s your brand identity. If you invest in a weak or unregistrable name, the United States Patent and Trademark Office (USPTO) may refuse registration. That leaves you vulnerable to costly disputes, rebranding, and loss of goodwill.

And it’s not just about choosing your company’s name. Product names, slogans, and even logo designs play a major role in brand recognition and legal protection. Each of these elements can (and should) be safeguarded through trademark strategy to create a stronger, more ...