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Matthew Sean Tucker

About Matthew Sean Tucker

Matthew Sean Tucker is an Attorney practicing with a particular focus on patents, trademarks and personal injury, including car accidents, slip & falls, and dog bites, and other acts of negligence. Matthew holds a B.S. in Electrical Engineering from the University of Central Florida. Furthermore, Matthew received his J.D. at the University Of Baltimore School Of Law with a dual concentration in intellectual property law and business law. He is also a member of the Florida Bar, and an inventor of several patent pending inventions.

The USPTO’s Process for a Timely Amendment to Allege Use

If you've filed an amendment to allege use for your trademark application, but the mark was published for opposition before the amendment was examined, you may be wondering what steps the USPTO will take next. According to the Trademark Manual of Examining Procedure (TMEP) §1104.04, the examining attorney will contact you (or your trademark attorney) by telephone or email and give you the option to withdraw the amendment. If you decide to withdraw the amendment, the examining attorney will advise you that a notice of allowance will be issued if the application is not opposed, and you'll need to file a statement of use or request an extension of time to file a statement of use within six months of the notice. You also have the option of requesting that the USPTO treat the amendment to allege use as a statement of use, which must be done within six months of the notice of allowance using the TEAS Post-Publication Amendment form. If you don't file a statement of use, request an extension, or request to treat the amendment as a statement of use within six months of the notice of allowance, your application will be abandoned. On the other hand, if you elect not to withdraw the amendment to allege use, the examining attorney will take one of two actions: If no notice of allowance has been issued, the examining attorney will withdraw the application from publication and examine the amendment to allege use. If a notice of allowance has already been issued, the ITU/Divisional Unit will cancel the notice and the examining attorney will examine the amendment to allege use. If the amendment to allege use can be approved after examination, the mark must [...]

By |2023-01-11T20:39:06-05:00February 8th, 2023|Trademarks|Comments Off on The USPTO’s Process for a Timely Amendment to Allege Use
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Why Rideshare Accidents Are More Dangerous Than You Think

There are several reasons why crashes involving Uber or other ride-sharing vehicles may be more dangerous than those involving traditional passenger vehicles: Lack of proper training: Many Uber drivers are not professionally trained to operate a vehicle and may not have the same level of knowledge about safe driving practices as a licensed taxi or chauffeur. Distractions: Uber drivers may be more prone to distractions, such as checking their phone for updates or directions, which can increase the risk of a crash. Longer working hours: Uber drivers may work longer hours, which can lead to fatigue and increase the risk of a crash. Vehicle maintenance: Uber drivers are responsible for maintaining their own vehicles, which may not always be in the best condition. This can increase the risk of mechanical failure or other issues that could lead to a crash. Insurance issues: There have been concerns about the adequacy of insurance coverage for Uber drivers and passengers in the event of a crash. This can make it more difficult for those involved in a crash to receive proper compensation for their injuries or damages. Overall, it is important for all drivers, including Uber drivers, to prioritize safety and follow traffic laws to reduce the risk of crashes.  If you are in a car accident involvig an Uber or other ride sharing company, contact a car accident attorney with Tucker Law right away at 1-8oo-TUCKERWINS.

By |2023-01-11T20:33:49-05:00February 7th, 2023|Car Accident, Personal Injury|Comments Off on Why Rideshare Accidents Are More Dangerous Than You Think
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Understanding the “Blackout Period” in USPTO Trademark Prosecution

When it comes to obtaining a trademark registration from the United States Patent and Trademark Office (USPTO), there are certain rules and regulations that must be followed that are best to discuss with an experienced trademark attorney. One of these rules is known as the "blackout period," which is a specific time frame during which an applicant is not permitted to file an amendment to allege use or a statement of use. Under 37 C.F.R. §2.76(a)(1), the USPTO will not review an amendment to allege use that is filed after the date that the application is approved for publication by the examining attorney. Similarly, under 37 C.F.R. §2.88(a)(1), the USPTO will not review a statement of use that is filed before the date of issuance of the notice of allowance. These two rules combine to create the blackout period, which is a time when neither an amendment to allege use nor a statement of use may be filed. If an applicant attempts to file an amendment to allege use or statement of use during the blackout period using the Trademark Electronic Application System (TEAS), they will receive an error message indicating that the application is in the blackout period and advising them to wait until the status of the application changes to "notice of allowance issued" before filing the form. The applicant can monitor the status of the application on the Trademark Status and Document Retrieval (TSDR) database on the USPTO website at https://tsdr.uspto.gov/. If an applicant submits a permitted paper-filed amendment to allege use during the blackout period, the USPTO will notify the applicant that the amendment is untimely and will not be reviewed, and any filing fee will be refunded. Intent-to-use applicants who [...]

By |2023-01-11T20:23:52-05:00February 7th, 2023|Trademarks|Comments Off on Understanding the “Blackout Period” in USPTO Trademark Prosecution
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Understanding the Importance of Pain Ratings in Florida Injury Cases

It can be difficult to know how to properly communicate your pain to doctors, insurance companies, and even the court after being injured in Florida. This is why rating your pain is critical. In this blog post, we'll go over why it's critical to accurately rate your pain and what that means for your injury claim. Why Is It Important to Rate Your Pain? It is critical to accurately rate your pain because it provides doctors, insurance companies, and the court with a clear picture of the impact your injury has had on your daily life. This information is used to calculate the amount of compensation you may be entitled to. For example, if you rate your pain as a 4 out of 10, doctors and insurance companies will know that your injury has had an impact on your daily life. If you rate your pain as a 9 out of 10, this indicates that your injury has had a significant impact on your daily life and may result in a larger compensation award. How to Assess Your Pain: You can rate your pain on a scale of 0 to 10, with 0 representing no pain and 10 representing the worst pain imaginable. When rating your pain, it's critical to be truthful and consistent with your responses. This ensures that the information you provide is correct and will aid in the development of a stronger case for your injury compensation. As a personal injury victim, you are most likely experiencing physical pain, emotional distress, and financial hardship. While compensation cannot remove the pain, it can help to alleviate the financial burden and provide much-needed relief. However, in order to receive a fair settlement or award [...]

By |2023-02-06T16:53:04-05:00February 6th, 2023|Car Accident, Personal Injury|Comments Off on Understanding the Importance of Pain Ratings in Florida Injury Cases
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Understanding 35 U.S.C. 116: Inventors’ Rights and Responsibilities

It's critical for you to understand your rights and responsibilities as an inventor when it comes to obtaining a patent for your invention. There are specific provisions in 35 U.S.C. 116 for joint inventions, omitted inventors, and the correction of errors in patent applications. Joint inventions made by two or more people must be filed for a patent jointly, according to 35 U.S.C. 116 (a). The inventors are not required to physically collaborate or contribute equally to the subject matter of each claim in the patent. Each inventor, however, must take the required oath in the patent application. If one of the joint inventors refuses to join in the patent application or cannot be found or reached after a diligent effort, the other inventor may apply for the patent on behalf of both inventors. Subject to the rights of the omitted inventor, the Director of the Patent and Trademark Office may grant the patent to the inventor who filed the application. The omitted inventor may join the application later. 35 U.S.C. 116(c) allows for the correction of errors in patent applications, such as naming the incorrect inventor or omitting an inventor. If the error was made without any deceptive intent on the part of the person named or omitted, the Director may allow the application to be amended accordingly. Another critical consideration is the correction of errors in an application. The USPTO Director may grant an amendment to an application if a person is named as an inventor by mistake or if no inventor is named. However, the amendment can only be made if the error occurred without the person responsible for the error having any deceptive intent. It is critical to remember that anyone [...]

By |2023-02-06T14:00:15-05:00February 6th, 2023|Uncategorized|Comments Off on Understanding 35 U.S.C. 116: Inventors’ Rights and Responsibilities
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