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

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

New Guidelines May Help Patent Software

Software programmer with screen superimposed
, Smith & Hopen, PA ( ) The pendulum may have swung back to patenting software again. Since 2014 when the Supreme Court handed down its inscrutable ruling in Alice v. CLS Bank International, 134 S. Ct. 2347 (2014), the patentability of software and computer systems became a gray area of law. Some also felt that former USPT... read full article

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Representative Clients

Recently Awarded Patents

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Recently Issued Trademarks

Registration Mark Registrant
5,751,549
5/14/2019
GANCHO WINE CO. for wines Naiz Trading House LLC.
5,753,333
5/14/2019
EATANDLEARN.ORG for paper plates Eat and Learn, LLC.
5,752,986
5/14/2019
BORN TO IMPACT for entertainment services, namely, providing podcasts in the field of leadership and entrepreneurship; providing on-line newsletters in the field of leadership and entrepreneurship Conversionology Media, Inc..
5,743,283
5/7/2019
NETFISH & CHILL for clothing, namely, long sleeve shirts, short sleeve shirts, tank tops, t-shirts, hats, jackets, and pants NetFish & Chill, Inc..
5,743,013
5/7/2019
INNOVATIVE FOODSERVICE for interior design services, namely, foodservice and hospitality planning and design Louis Wohl & Sons, Inc..
5,747,471
5/7/2019
FRUTERA for restaurant services featuring smoothies, fruit salads, and fresh fruit BFUS LLC.
5,737,830
4/30/2019
CHEF'S WAREHOUSE for distributorship services in the field of foodservice equipment and supplies; Providing showrooms for the goods of others in the field of restaurant and foodservice equipment and supplies Louis Wohl & Sons, Inc..
5,741,756
4/30/2019
FRUTERA for restaurant services featuring smoothies, fruit salads, and fresh fruit BFUS LLC.
5,734,758
4/23/2019
Bull's Head Logo for beer and soft drinks University of South Florida.
5,734,757
4/23/2019
USF for beer and soft drinks University of South Florida.
5,734,756
4/23/2019
UNIVERSITY OF SOUTH FLORIDA for beer and soft drinks University of South Florida.
5,726,212
4/16/2019
OXFORD CREATIVE STUDIO for branding services, namely, consulting, development, management and marketing of brands for businesses and/or individuals Oxford Exchange, LLC.
5,726,251
4/16/2019
OXFORD DESIGN STUDIO for interior design services Oxford Exchange Design Studio, LLC.
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