Category Archives:Intellectual Property

Santucci Priore, P.L. Senior Paralegal Joanna Lubczanska, ACP, FRP Receives Second Advanced Certified Paralegal (ACP®) Credential in Advanced Law Area of Contract Management

On August 26, 2022, our firm’s senior paralegal Joanna Lubczanska, ACP, FRP received her second Advanced Certified Paralegal (ACP®) credential in the advanced law area of contract management. Joanna earned her first ACP credential in October 2021 in the advanced law area of trial practice.

NALA The Paralegal Association’s Advanced Certified Paralegal (ACP®) Program is designed to recognize a paralegal’s commitment to continued growth and life-long learning by advancing knowledge of specific areas of law. The distinguished ACP credential is onlyavailable to current Certified Paralegals. Applicants must successfully complete a rigorous course as well as the required knowledge and skills examination while maintaining Certified Paralegal (CP®) certification. Upon successful completion of the program, ACPs are certified to provide advanced paralegal services and entitled to the use of the designation ACP in connection with paralegal services offered in their specific area of study.

NALA’s Certified Paralegal (CP®) certification is the “national professional standard for paralegals,” “[a[cknowledged by the American Bar Association as a mark of excellence.” NALA

For over 45 years, NALA’s Certified Paralegal program has been recognized both nationally and internationally and has received recognition from both the National Commission for Certifying Agencies and the American Bar Association. On April 30, 2014, the NCCA granted accreditation to our program, making us the only accredited Certified Paralegal Program under its recognized organizations. Our CP credential has also been acknowledged by the American Bar Association as a mark of high professional achievement. With our acknowledgments, we pride ourselves on our professionalism while still maintaining lasting relationships with our certificants.

NALA.

Becoming a NALA Certified Paralegal (CP) means an individual has successfully passed a rigorous examination of the knowledge necessary to be an effective paralegal. The voluntary CP program encourages the growth of the paralegal profession while also providing a proud achievement that comes with a career-long commitment. Established in 1976, the CP credential is key to respect and opportunity throughout the legal profession and is the national professional standard for paralegals.

Applicants must successfully pass the two-part Certified Paralegal comprehensive exam based on federal law and procedures. The multiple-choice Knowledge Exam must be passed before the applicant can take the essay-based Skills Exam. Successful completion of both the Knowledge and Skills Exams are required to obtain the Certified Paralegal credential. These exams have been compared to Bar exams for attorneys.

Joanna is also a Florida Registered Paralegal with The Florida Bar. A Florida Registered Paralegal (FRP) is a paralegal who has met the education, training, certification and work experience required for voluntary registration as set forth in Chapter 20 of the Rules Regulating the Florida Bar. 

She also earned a Bachelor of Science degree in Legal Studies, summa cum laude, in 2007 at Florida Gulf Coast University, where she aided her professor, Robert N. Diotalevi, by contributing to a paralegal textbook: Statsky, William P., Robert N. Diotalevi, and Pamela McCoy Linquist. The Florida Paralegal: Resource Guide. Clifton Park: Delmar, 2009. Print.

Joanna also earned an A.S. degree with the Highest Honors in Legal Assisting in 2003, and received a Legal Assisting Society Scholarship. She also earned degrees in Fashion Design (with a Special Award Achievement for Best Jewelry), and Computer Graphics and Design.

CP® and ACP® are certification marks of NALA.

Jan Blachowicz Granted Two Trademark Registrations for His Name and Alias

By Joanna Lubczanska, Santucci Priore, P.L.

Jan Blachowicz (@janblachowicz), the renowned UFC fighter from Poland, known as “The Legendary Polish Power” was just granted on February 18, 2022, by the European Union Intellectual Property Office (EUIPO) two trademark registrations for his name and alias in both, English and Polish, for various goods and services in Classes 9, 16, 25, 28, and 41.

Jan is a Polish professional mixed martial artist, currently competing in the Light Heavyweight division for the UFC, where he is the former UFC Light Heavyweight Champion.

The good and services covered by the registrations are as follows:

Class 9: Video recordings; Films, exposed; Video films; Electronic publications, downloadable; Audio books; E-books; Protective helmets for sports.

Class 16: Printed matter; Photographic material; Calendars; Books; Periodicals and magazines.

Class 25: Clothing, footwear, footwear for combat sports, workout suits, Hats, Furs [clothing], Coats, Casual jackets, Ready-made clothing, Costumes, Jackets, blazers, Waistcoats, Smocks, Trousers, Shorts (Bermuda shorts), Skirts, Shirts, blouses, Gowns, Sweaters, pullovers, Gym suits, Underwear for children and adults, Socks, panty hose stockings, Hats, caps, belts, Neckerchiefs, scarves, Scarves, sashes for wear Neckties, Bowties; Kimonos used in mixed martial arts (MMA); Kimono belts used in mixed martial arts (MMA).

Class 28: instruments and Accessories used in mixed martial arts (MMA), in particular: Martial arts gloves, Punching bags, Martial arts shields, trainer’s paws [accessories for martial arts], Foot protectors, Shin guards, Groin guards, Pears [accessories for martial arts], reflex balls, Training accessories.

Class 41: Sporting events; Education information; Physical education; Arranging and conducting of training; Arranging and conducting of cultural experience events, Arranging and organising recreational events, Organisation and conducting of sports events; Arranging and conducting of sports classes; Arranging and conducting of sport camps; Arranging and conducting athleticcompetitions; Providing information to others relating to sports and entertainment; Film production, other than advertising films; rental and distribution of films; Publication of magazines, periodicals, books; provision, Relating to the following goods: E-books, Audio books, Music, Motion pictures and images, not downloadable; Providing online, Relating to the following goods: Publication of books, E-books, journals, MAGAZINE, Audio books, digital music, Motion pictures and images, not downloadable.

You can view his registrations for Jan Blachowicz – The Legendary Polish Power (No. 018537841) here: Jan Blachowicz – The Legendary Polish Power

You can view his registration for Jan Błachowicz – Legendarna Polska Siła (No. 018537840) here: Jan Błachowicz – Legendarna Polska Siła.

Gratulacje, Janek! Congratulations, Jan!

USPTO Further Extends Certain Patent and Trademark-Related Timing Deadlines under the CARES Act to June 1, 2020

By Salvatore Fazio, Esq.

On April 28, 2020, United States Patent and Trademark Office USPTO director Andrei Iancu circulated a communication further extending USPTO deadlines to file certain trademark and patent-related documents or fees pursuant to Section 12004 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

Deadline Extensions

The USPTO has further extended all deadlines which fall between March 27, 2020, and April 30,2020 until June 1, 2020 for any[1]:

Trademark

  1. response to an Office action, including a notice of appeal from a final refusal, under 15 U.S.C. § 1062(b) and 37 C.F.R. §§ 2.62(a) and 2.141(a);
  2. statement of use or request for extension of time to file a statement of use under 15 U.S.C. § 1051(d) and 37 C.F.R. §§ 2.88(a) and 2.89(a)
  3. notice of opposition or request for extension of time to file a notice of opposition under 15 U.S.C. § 1063(a) and 37 C.F.R. §§ 2.101(c) and§ 2.102(a);
  4. priority filing basis under 15 U.S.C. § 1126(d)(l) and 37 C.F.R. § 2.34(a)(4)(i)
  5. transformation of an extension of protection to the United States into a U.S. application under 15 U.S.C. § 1141j(c) and 37 C.F.R. § 7.31(a);
  6. affidavit of use or excusable nonuse under 15 U.S.C. § 1058(a) and 37 C.F.R. §2.160(a)
  7. renewal application under 15 U.S.C. § 1059(a) and 37 C.F.R. § 2.182; or
  8. affidavit of use or excusable nonuse under 15 U.S.C. § l 141k(a) and 37 C.F.R. § 7.36(b);

Patent

  1. reply to an Office notice issued during pre-examination processing by a small or micro entity;
  2. reply to an Office notice or action issued during examination or patent publication processing;
  3. issue fee;
  4. notice of appeal under 35 U.S.C. § 134 and 37 C.F.R. § 41.31;
  5. appeal brief under 37 C.F.R. § 41.37;
  6. reply brief under 37 C.F.R. § 41.41;
  7. appeal forwarding fee under 37 C.F.R. § 41.45;
  8. request for an oral hearing before the Patent Trial and Appeal Board (PTAB or Board) under 37 C.F.R. § 41.47;
  9. response to a substitute examiner’s answer under 37 C.F.R. § 41.50(a)(2);
  10. amendment when reopening prosecution in response to, or request for rehearing of, a PTAB decision designated as including a new ground of rejection under 37 C.F.R. § 41.50(b);
  11. maintenance fee, filed by a small or micro entity;
  12. request for rehearing of a PT AB decision under 3 7 C.F.R. § 41.52;
  13. request for rehearing of a PTAB decision under 37 C.F.R. §§ 41.125(c) or 41.127(d); or
  14. petition to the Chief Judge under 37 C.F.R. § 41.3.

It is important to note that the extended waiver of deadlines requires a statement from the practitioners, petitioners, applicants, trademark and patent owners, or other persons associated with the delayed filings and/or fees that they were personally affected by the COVID-19 outbreak. A non-exhaustive list of examples of reasons for COVID-19-related excusable delays includes office closures; cash flow interruptions; inaccessibility to files; travel delays; personal or family illness; or other similar circumstances materially interfering with timely filing or payment of fees. As to the form, the USPTO does not require such statements  to be verified or to be provided in affidavit or declaration form.

Waiver of Fees for Petitions to Revive

Trademarks

The Notice further provides that applicants or a registrants whose trademark applications have become abandoned or whose registrations were canceled/expired due to a COVID-19 related- inability to timely submit a filing or payment in reply to an Office communication having a due date of May 31, 2020 or earlier can elect for the USPTO to waive the petition fee to revive the abandoned application or reinstate the canceled/expired registration.

Patents

Similarly, if due to the COVID-19 outbreak  applicants and owners that were unable to timely submit a filing or payment in reply to an Office Communication having a due date of May 31, 2020 or earlier, causing their application to be abandoned or causing the termination of reexamination prosecutions, the UPSTO may waive the petition fee for filing a petition for the revival of such abandoned patent applications when the applicants or owners file a petition to revive and a provide a statement that the delay was due to the COVID-19 outbreak.

For any intellectual property-related questions including USPTO deadline extensions under the CARES Act, feel free to reach out to us via phone or email.

For the April 28, 2020 Notice of Waiver of Trademark-Related Timing Deadlines Under the CARES Act, click here.

For the April 28, 2020 Notice of Extended Waiver of Patent-Related Timing Deadlines under the Act and Other Relief Available to Patent Applicants and Patentees, click here.

For the USPTO’s answers to COVID-19-extension-related frequently asked questions:

Click Here for Trademarks

Click Here for Patents


[1] Certain restrictions may apply to the deadline extensions listed. To view copies of the notices, please click on the links provided in this blog entry.