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Kevin Austad is an Intellectual Property Paralegal at Merchant &amp; Gould’s Minneapolis office. He skillfully manages details and communications to ensure a smooth patent application process for both clients and the legal team. Kevin’s role is critical to helping clients achieve their desired outcomes for their IP.

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<p class="wp-block-contentpilot-introduction">Kevin Austad is an Intellectual Property Paralegal at Merchant &amp; Gould’s Minneapolis office. He skillfully manages details and communications to ensure a smooth patent application process for both clients and the legal team. Kevin’s role is critical to helping clients achieve their desired outcomes for their IP.</p>

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IP applications involve intricate details and time-sensitive deadlines. Kevin uses his organizational skills to carry out a variety of tasks, making sure every aspect of a client’s experience is being supported. His priority is to do everything in a timely manner while thoroughly addressing each detail. Kevin’s many duties include:

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<p>IP applications involve intricate details and time-sensitive deadlines. Kevin uses his organizational skills to carry out a variety of tasks, making sure every aspect of a client’s experience is being supported. His priority is to do everything in a timely manner while thoroughly addressing each detail. Kevin’s many duties include:</p>

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<li>Compiling report letters for clients</li>

<li>Tracking documents and deadlines</li>

Responding to client and attorney communications

<li>Responding to client and attorney communications</li>

Coordinating with team members to schedule filings promptly

<li>Coordinating with team members to schedule filings promptly</li>

Prioritizing upcoming deadlines and sending follow-up communications

<li>Prioritizing upcoming deadlines and sending follow-up communications</li>

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<ul><li>Preparing applications</li><li>Compiling report letters for clients</li><li>Tracking documents and deadlines</li><li>Responding to client and attorney communications</li><li>Organizing case dockets</li><li>Coordinating with team members to schedule filings promptly</li><li>Prioritizing upcoming deadlines and sending follow-up communications</li></ul>

Whether he’s working with attorneys to answer clients' questions or updating databases, Kevin’s detail-oriented approach reduces potential complications and ensures that relevant information is provided on-time. His dedication and efforts make him a reliable touchpoint for clients and an essential member of the legal team.

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In a village of La Mancha, the name of which I have no desire to call to mind, there lived not long since one of those gentlemen that keep a lance in the lance-rack, an old buckler, a lean hack, and a greyhound for coursing.

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<p>Whether he’s working with attorneys to answer clients' questions or updating databases, Kevin’s detail-oriented approach reduces potential complications and ensures that relevant information is provided on-time. His dedication and efforts make him a reliable touchpoint for clients and an essential member of the legal team.</p>

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<h2 class="wp-block-heading">A True Team Player</h2>


Kevin embodies the spirit of cooperation and collaboration. His willingness to learn from others and share ideas helps create a harmonious environment and experience for all.

<p>Kevin embodies the spirit of cooperation and collaboration. His willingness to learn from others and share ideas helps create a harmonious environment and experience for all.</p>

One of Kevin’s favorite aspects about being a paralegal is working with a diverse range of people. He delights in each person’s personality, background and what they bring to the table. Whether he’s learning about a client’s passions or getting to know their communication style, he’s enthusiastic about interacting with individuals.

<p>One of Kevin’s favorite aspects about being a paralegal is working with a diverse range of people. He delights in each person’s personality, background and what they bring to the table. Whether he’s learning about a client’s passions or getting to know their communication style, he’s enthusiastic about interacting with individuals.</p>

Being a paralegal is about supporting others, and Kevin takes his role seriously. With both colleagues and clients, he enjoys listening to everyone’s perspectives, advocating for their needs and treating them with empathy. With Kevin, clients know they’re truly cared for.&nbsp;

<p>Being a paralegal is about supporting others, and Kevin takes his role seriously. With both colleagues and clients, he enjoys listening to everyone’s perspectives, advocating for their needs and treating them with empathy. With Kevin, clients know they’re truly cared for.&nbsp;</p>


<h2 class="wp-block-heading">A Rich History of Legal Experience</h2>


<h2>A Rich History of Legal Experience</h2>

Kevin’s path toward becoming a paralegal was a pleasant surprise. While attending Minneapolis Business College, he had an interview at a firm to become a Legal Specialist. From there, he became acquainted with other paralegals and became invested in his eventual career path.

<p>Kevin’s path toward becoming a paralegal was a pleasant surprise. While attending Minneapolis Business College, he had an interview at a firm to become a Legal Specialist. From there, he became acquainted with other paralegals and became invested in his eventual career path.</p>

Over time, Kevin worked his way up to becoming a paralegal. He now comes to Merchant &amp; Gould with over 15 years of experience in preparing PCT, US and foreign patent applications and prosecution-related filings. From working with foreign associates to overseeing daily operations, Kevin has a strong foundation in leadership and intellectual property.

<p>Over time, Kevin worked his way up to becoming a paralegal. He now comes to Merchant &amp; Gould with over 15 years of experience in preparing PCT, US and foreign patent applications and prosecution-related filings. From working with foreign associates to overseeing daily operations, Kevin has a strong foundation in leadership and intellectual property.</p>

Outside of work, Kevin is dedicated to health and fitness and particularly enjoys weight lifting and training. When he’s not working out, Kevin also enjoys reading self-improvement books, gardening and spending time with family and friends.

<p>Outside of work, Kevin is dedicated to health and fitness and particularly enjoys weight lifting and training. When he’s not working out, Kevin also enjoys reading self-improvement books, gardening and spending time with family and friends.</p>

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<section class="wp-block-contentpilot-expand-more"><div class="wp-block-contentpilot-expand-more__excerpt is-visible" data-selector="expand-more"><p></p></div><div class="wp-block-contentpilot-expand-more__full-content" data-selector="expand-more"><p>Whether he’s working with attorneys to answer clients' questions or updating databases, Kevin’s detail-oriented approach reduces potential complications and ensures that relevant information is provided on-time. His dedication and efforts make him a reliable touchpoint for clients and an essential member of the legal team.</p><h2>A True Team Player</h2><p>Kevin embodies the spirit of cooperation and collaboration. His willingness to learn from others and share ideas helps create a harmonious environment and experience for all.</p><p>One of Kevin’s favorite aspects about being a paralegal is working with a diverse range of people. He delights in each person’s personality, background and what they bring to the table. Whether he’s learning about a client’s passions or getting to know their communication style, he’s enthusiastic about interacting with individuals.</p><p>Being a paralegal is about supporting others, and Kevin takes his role seriously. With both colleagues and clients, he enjoys listening to everyone’s perspectives, advocating for their needs and treating them with empathy. With Kevin, clients know they’re truly cared for.&nbsp;</p><h2>A Rich History of Legal Experience</h2><p>Kevin’s path toward becoming a paralegal was a pleasant surprise. While attending Minneapolis Business College, he had an interview at a firm to become a Legal Specialist. From there, he became acquainted with other paralegals and became invested in his eventual career path.</p><p>Over time, Kevin worked his way up to becoming a paralegal. He now comes to Merchant &amp; Gould with over 15 years of experience in preparing PCT, US and foreign patent applications and prosecution-related filings. From working with foreign associates to overseeing daily operations, Kevin has a strong foundation in leadership and intellectual property.</p><p>Outside of work, Kevin is dedicated to health and fitness and particularly enjoys weight lifting and training. When he’s not working out, Kevin also enjoys reading self-improvement books, gardening and spending time with family and friends.</p></div><button class="wp-block-contentpilot-expand-more__more-button is-visible" data-selector="expand-more">Show More</button><button class="wp-block-contentpilot-expand-more__less-button" data-selector="expand-more">Show Less</button></section>

Minneapolis

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<p class="" style="white-space:pre-wrap;">Last week, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in <a href="https://cafc.uscourts.gov/opinions-orders/22-1212.OPINION.10-18-2023_2207653.pdf"><em>Great Concepts, LLC v. Chutter, Inc.</em>, No. 2022-1212 (Oct. 18, 2023)</a>, on appeal from the Trademark Trial and Appeal Board. In 2010, Great Concepts’ counsel filed a combined Section 8 and 15 declaration with the USPTO, declaring in part that the DANTANNA’S mark was not involved in any pending legal proceeding. At the time of that filing, however, the mark was subject to both a cancellation action at the Board and a pending appeal from a trademark infringement lawsuit, both initiated by Chutter’s predecessor. Chutter then filed a new petition to cancel the DANTANNA’S mark in 2015, based on the fraudulent affidavit, which the Board ultimately granted in 2021. Great Concepts appealed to the Federal Circuit.</p>
<p class="" style="white-space:pre-wrap;">The Federal Circuit applied a de novo standard of review and reversed, finding the Board was not permitted to cancel the trademark registration based on the unambiguous language in the statute. Section 15 of the Lanham Act enables registered marks to acquire incontestable status after five consecutive years of use following registration—provided there is no pending proceeding involving the owner’s rights in the mark. 15 U.S.C. § 1065. Section 14, however, provides that even an incontestable mark may be canceled if “<em>its registration was obtained fraudulently</em>.” 15 U.S.C. § 1064(3) (emphasis added). For decades, the Board believed that it had the power to cancel a trademark after a fraudulent Section 15 declaration was filed in support of incontestability. <em>See Crown Wallcovering Corp. v. Wall Paper Mfrs. Ltd.</em>, 188 USPQ 141 (TTAB 1975); <em>see also Torres v. Cantine Torresella S.r.l</em>, 808 F.2d 46 (Fed. Cir. 1986) (“Fraud in obtaining renewal of a registration amounts to fraud in obtaining a registration within the meaning of section 14(c) of the Lanham Act.”).</p>
<p class="" style="white-space:pre-wrap;">Citing the plain and unambiguous language in the Lanham Act, the Court disagreed. It concluded that a declaration of incontestability is not filed in furtherance of obtaining a registration. And although incontestability is an important right—indeed, it is conclusive evidence of the mark’s validity—incontestability is still fundamentally different than registration. The Section 15 declaration filed by Great Concepts did not cause or even contribute to the issuance of the registration. Accordingly, the Court held the Section 15 declaration could not be the basis for canceling the mark under 15 U.S.C. § 1064(3).</p>
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Kevin W. Austad

A Leader in Client Support