Smith & Hopen represents clients world-wide in a practice limited exclusively to intellectual property law including patents, trademarks and related litigation.  The firm is one of the largest IP practices in the State of Florida and represents clients ranging from independent inventors to Fortune 100 institutions.  All attorneys at Smith & Hopen are registered to practice before the U.S. Patent & Trademark Office.

News & Updates

Supreme Court: Trademark Law Violates 1st Amendment

Supreme Court of the United States
, Smith & Hopen, PA ( ) Supreme Court: Trademark Law Violates 1st Amendment Overview Earlier this month, the Supreme Court ruled in Iancu v. Brunetti that §1052(a) of the Lanham Act, which bars the registration of disparaging trademarks, is an unconstitutional violation of the First Amendment. This decision follows ... read full article

Trademark Protection for Low-THC Cannabis and CBD Products

Molecular formula for CBD and marijuana plant
, Smith & Hopen, PA ( ) As of May 3, 2019, over 600 pending trademark applications were in limbo while the U.S. Patent & Trademark Office (USPTO) issued refusals on otherwise registrable trademarks because they claimed cannibis or cannabis-derived goods such as cannabidiol (CBD).   The basis for the refusals ... read full article

Florida Universities Building Large Patent Portfolios

Graph of patent grants to Florida universities from 2008 to 2018
, Smith & Hopen, PA ( ) TAMPA, FLORIDA.   Four patent-prolific universities in Florida have generated nearly 3,000 U.S. patents for their institutions in the last 10 years.  This does not count foreign patents on the same technology.   The University of South Florida produced 978 of these patents c... read full article

Smith Hopen Partner Andriy Lytvyn Board Certified

Andriy Lytvyn, Smith Hopen Shareholder
, Smith & Hopen, PA ( ) Andriy Lytvyn earned his board certification in Intellectual Property Law by the Florida Bar this year. He is one of only 141 attorneys currently holding this certification.  According to the Florida Bar, board certification recognizes attorneys’ special knowledge, skills and proficienc... read full article

Beware of Trademark Scams

WIPT letter providing worthless service to unsuspecting trademark registrants.  Report scams to the FTC.
, Smith & Hopen, PA ( ) Your brand is critical to the success of your business and obtaining a federal trademark registration is an effective strategy for shielding your brand against infringement. When you register your trademark, the United States Patent and Trademark Office (USPTO) will publish your trademark registrati... read full article

Private Sales Invoke AIA "On Sale" Bar to Patentability

Private sale invokes on-sale bar for patentability
, Smith & Hopen, PA ( ) On January 22, 2019, the Supreme Court unanimously decided that private sales of inventions invoke the on sale bar to patentability of 35 U.S.C. § 102 (post-America Invents Act, or AIA). See Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., 586 U.S. __ (2019).  Prior to the passa... read full article

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Recently Awarded Patents

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Recently Issued Trademarks

Registration Mark Registrant
5,877,135
10/8/2019
THE WONDER BURGER for sandwiches, namely, hamburger sandwiches Active Food Service Management, Inc..
5,881,164
10/8/2019
IN THE BEGINNING for baby bodysuits sold as a decorative unit resembling a cupcake Baby Cakez Creations, LLC.
5,874,022
10/1/2019
N-GRAFT for performing non-invasive cosmetic medical procedures Prime Orthostem Solutions, LLC.
5,867,562
9/24/2019
BREWING FUNDS THE CURE for charitable fundraising National Pediatric Cancer Foundation, Inc..
5,867,724
9/24/2019
CHEFS OF NAPOLI for restaurant services Chefs of Napoli Trademark Corp..
5,864,140
9/17/2019
OXFORD COMMONS for planning and layout design services for interior spaces of retail business establishments and interior spaces of residential properties Oxford Exchange, LLC.
5,859,986
9/17/2019
I'M WITH EARTH for clothing, namely, shirts, t-shirts and tank tops Gurus Inc..
5,856,117
9/10/2019
AMERICAN GUMBALL COMPANY for gumballs RM Electronics, Inc..
5,859,169
9/10/2019
THE CANDLE POUR for instruction in the field of custom candle making Wick Candle Bar, LLC.
5,848,852
9/3/2019
THE DIAMOND RELATIONSHIP FORMULA for downloadable educational course materials in the field of developing strengthening and sustaining a well-balanced marriage Relationship Magic Academy, LLC.
5,849,743
9/3/2019
DIME CITY CYCLES for on-line retail store services featuring motorcycle parts; motorcycle customization services Revival Parts, LLC.
5,849,747
9/3/2019
DIME CITY CYCLES for on-line retail store services featuring motorcycle parts; motorcycle customization services Revival Parts, LLC.
5,844,616
8/27/2019
TRUE TRANSPARENCY for advertising and marketing Connectivity Holdings LLC.
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