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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Representative Clients

Recently Awarded Patents

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Recently Issued Trademarks

Registration Mark Registrant
5,802,062
7/9/2019
LABEL SWAP for retail consignment stores featuring clothing and fashion accessories Label Swap Holdings, LLC.
5,799,130
7/9/2019
AMERICAN DREAM CPA for tax and taxation planning, advice, information and consultancy services; tax preparation; accounting services; bookkeeping; payroll preparation; business consultancy and advisory services AMERICAN DREAM CPA.
5,783,515
6/18/2019
Design Logo for restaurant services featuring smoothies, fruit salads, and fresh fruit BFUS LLC.
5,773,771
6/11/2019
COCONUT CREEK for beanies; hats Florida Hat Company LLC.
5,774,813
6/11/2019
BAVARO'S for restaurant services Bavaro Holdings, LLC.
5,776,539
6/11/2019
VOLMATS for on-line retail store services featuring a wide variety of consumer goods of others Eastern Vision Limited.
5,775,643
6/11/2019
BLUE PINES for dog food, pet food, edible dog treats Pet Healthbox, LLC.
5,764,912
5/28/2019
Design Logo for compression garments for athletic or other non-medical use, namely, compression socks, stockings, leggings, jerseys, vests, trousers, shorts, and elbow sleeves having removable thermal elements Snapbac, LLC.
5,763,743
5/28/2019
GANCHO WINE CO. for wine from Chile Naiz Trading House LLC.
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..
More trademarks issued through Smith & Hopen


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