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

Smith Hopen Partner Andriy Lytvyn Board Certified

, 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

New Guidelines May Help Patent Software

, 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 US... read full article

Two recent Supreme Court decisions shape the scope of post-grant patent proceedings

, Smith & Hopen, PA ( ) On April 24, 2018, the Supreme Court announced opinions in two cases involving patent rights—Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, and SAS Institute, Inc. v. Iancu. The long-awaited Oil States opinion decided on the legality of inter partes reviews (IPRs); simila... read full article

New - USPTO Issues Guidance on Patent-Eligible Subject Matter (35 U.S.C. 101)

, Smith & Hopen, PA ( ) As many software-related inventors can attest, patent protection can be difficult to obtain for software applications. Most software-related patent applications are rejected by United States Patent and Trademark Office (USPTO) examiners, particularly under 35 U.S.C. § 101 – the statute th... read full article

Six Questions for Building a Brand

, Smith & Hopen, PA ( ) 1.      Is your brand already in use by another? When creating a brand, it is important to verify that there are no other similar brand names used in connection with similar goods/services. The existence of multiple brand names could cause consumer confusion and pote... read full article

Supreme Court and Patent Death Squad

, Smith & Hopen, PA ( ) Inter Partes Review (IPR) is an administrative proceeding before the United States Patent & Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB). IPRs are generally an 18-month process in which a petitioner seeks invalidation of a patent based on prior publication (e.g., “prior ar... read full article

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Recently Issued Trademarks

Registration Mark Registrant
5,647,347
1/8/2019
EXPOSURE MAGIC for cleaning, polishing, and scouring preparations for exposing plaster on swimming pools and spas Jack's Magic Products, Inc..
5,648,733
1/8/2019
"N' Logo for restaurant and bar services, including restaurant carryout services; restaurant and catering services Social Holdings, LLC.
5,651,618
1/8/2019
GLORIA GO for a series of books and written articles in the field of romance 4Incentive, Inc..
5,643,458
1/1/2019
KETOWELL for medicated shampoos, sprays and pre-moistened wipes for treating animal skin infections, irritations and conditions Holden2, LLC.
5,643,192
1/1/2019
PRONINE for nutritional supplements for pets, namely, a probiotic composition for dogs and cats Holden2, LLC.
5,632,269
12/18/2018
Hog Head Design Logo for catering services, restaurant services, including sit-down service of food and take-out restaurant services Holy Hog Barbecue, Inc..
5,632,268
12/18/2018
HOLY HOG for catering services, restaurant services, including sit-down service of food and take-out restaurant services Holy Hog Barbecue, Inc..
5,632,565
12/18/2018
FITCRUNCH for shaker bottles sold empty Pervine Foods, LLC.
5,622,200
12/4/2018
IBEXX for heat pumps for swimming pools AquaComfort Solutions, LLC.
5,624,260
12/4/2018
FLORIDA CYBERHUB for education services, namely, providing training in the form of online courses and seminars in the field of cyber security; providing online non-downloadable course, in the field of cyber security featuring training exercises in securing computing platforms University of South Florida.
5,617,185
11/27/2018
UNICORN IQ for training courses in strategic planning relating to advertising, promotion, marketing and business Unicorn Innovations, LLC.
5,619,416
11/27/2018
55 RESORT for leasing of apartments, management of apartments, rental of apartments L3 Development LLC.
5,619,418
11/27/2018
55 RESORT for leasing of apartments, management of apartments, rental of apartments L3 Development LLC.
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