CLIENT SPOTLIGHT: Grillo's Pickles

If you haven't been to the Grillo's Pickles website, you should. There, you'll find the fantastic story of how this company began. We've copied part of it here to save you a click.

Grillo's Pickles began with a pickle cart, just a small wooden stand in downtown Boston, where Travis Grillo and his friends would sell two spears for one dollar. Travis would make the pickles by night using his family's 100-year old recipe - one he'd memorized from making pickles every summer as a kid. In the morning, Travis would bike to the Boston Common and set up the cart with his buddies. They'd hang out all day, urging people to try the simple Grillo family pickle. It was a small business but Travis worked hard for it. He made more pickles, biked more miles, and slept less hours than he ever had before.
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CLIENT SPOTLIGHT: Factory Five Racing

Factory Five Racing was founded in 1995. Over the years they have grown from a start-up business in a small garage to become the world's largest manufacturer of "build-it-yourself" component car kits. They employ a full-time crew of about 40 people, and are located in Wareham, Massachusetts (about an hour south of Boston). They make their products right here in the USA, in the heart of New England where American manufacturing was born.
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CLIENT SPOTLIGHT: Luca + Danni

Fred and Danny Magnanimi grew up watching their father create beautiful, handcrafted jewelry in the family's Cranston, RI jewelry manufacturing business. When the boys grew up, Fred moved to New York and began working on Wall Street as an investment banker, while younger brother Danny, still enamored by the family business, stayed home. Increased competition from overseas businesses created significant challenges for the business, but Danny was confident he could find a way for the family business to evolve and thrive. This was his mission, this was his passion.
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        USPTO Extends Filing Deadlines For COVID-19 Related Delays, Again


        On April 28, 2020, the U.S. Patent and Trademark Office (USPTO) announced extensions to the time allowed to file certain (but not all) patent and trademark related documents and to pay certain required fees. The USPTO had previously extended by 30 days the due date for filings due between March 27, 2020 and April 30, 2020. The new announcement extends to June 1, 2020, the due date for certain filings due between March 27, 2020 and May 31, 2020.

        The extension for filing and payment for trademarks and patents, is contingent upon an accompanying statement demonstrating that the delay in filing or payment was due to the COVID-19 outbreak. The USPTO characterizes, in their announcement, that a delay in filing or payment is due to the COVID-19 outbreak if a practitioner, applicant, patent owner, trademark registrant. petitioner, third party requester, inventor or other person associated with the filing or fee was personally affected by the COVID-19 outbreak, including, without limitation, through office closures, cash flow interruptions, inaccessibility of files or other materials, travel delays, personal or other illness, or similar circumstances, such that the outbreak materially interfered with timely payment or filing.

        Trademarks

        For the trademark filings listed below that are due on or between March 27, 2020 and April 30, 2020, inclusive, the USPTO has extended the due date for the filing and any associated fee payment 30 days from the initial due date, so long as the delay in filing or payment was due to the COVID-19 outbreak:
        • Responses to Office Actions (including a notice of appeal from a final refusal);
        • Statements of Use or Requests for Extensions of Time in order to file a Statement of Use;
        • Request for a priority filing basis under the Paris Convention or under the Madrid Protocol;
        • Section 8 and Section 71 Declarations of Use of Excusable Nonuse
        • Transformation of an extension of protection to the U.S. to a U.S. trademark application
        • Notice of Opposition, or a request for extension of time in which to file a Notice of Opposition.
        Deadlines for other filings, such as filings during grace periods or responses to audit inquiries, are not extended.

        Requests for extensions in appeal and contested proceedings before the Trademark Trial and Appeal Board can be made by filing a motion.

        Patents

        For the patent filings listed below that are due on or between March 27, 2020 and April 30, 2020, inclusive, the due date for the filing and any associated fee payment will be extended 30 days from the initial due date, so long as the delay in filing or payment was due to the COVID-19 outbreak:
        • Replies to Office Notices issued during pre-examination proceedings by a small or micro entity (including, for example, a Notice of Omitted Items, Notice to File Corrected Application Papers, Notice of Incomplete Application, Notice to Comply with Nucleotide Sequence Requirements, Notice to File Missing Parts of Application, and Notification of Missing Requirements);
        • Replies to Office Notices or actions issued during examination (including, for example, final Office actions and Notices of Non-Compliant Amendment)
        • Replies to Office Notices or actions issued during patent publication processing (including, for example, a Notice to File Corrected Application Papers);
        • Issue fees
        • Maintenance fees, filed by small or micro entities
        • Notices of appeal, appeal briefs and reply briefs;
        • Appeal forwarding fees;
        • Requests for oral hearing before the Patent Trial and Appeal Board
        • Responses to substitute examiner’s answers
        • Amendments when reopening prosecution in response to or request for rehearing of, a PTAB decision designated as including a new ground of rejection; and
        • Requests for rehearing of a PTAB decision.
        Deadlines for other filings and payments, such as maintenance fees to be paid by large entities, are not extended.

        USPTO Remains Open

        The USPTO remains open for online filings and payments relating to patents and trademarks. Because of this, the waivers and extensions discussed above are only available for COVID-19 related delays.

        The notice relating to trademarks can be found here. The notice relating to patents can be found here.

        Partridge Snow & Hahn Partner and Chair of the firm’s Intellectual Property & Technology Practice, John Ottaviani, is ready to answer questions and advise on the topic. For additional information and resources, visit the Partridge Snow & Hahn COVID-19 Advisory Group page.
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        For current information and resources visit our COVID-19 Advisory Group page