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Lawyer Detail

Charles T. J. Weigell

Practice Description
Charles has been practicing intellectual property law for the past 25 years. Since 2009, Charles has been a partner in Fross Zelnick's U.S. prosecution group, specializing in the clearance, prosecution and protection of trademarks and design patents. A registered patent attorney and former Trademark Examining Attorney with the U.S. Patent and Trademark Office (1990-1997), Charles' practice includes management of large trademark portfolios, the filing and prosecution of trademark, trade dress and design patent applications, providing design patent validity and infringement opinions. Charles has considerable experience with various cutting edge legal issues involving overlapping intellectual property protections relating to trademarks, trade dress and designs, including issues involving three-dimensional marks, functionality, interface between design and utility patent protections, demonstrating secondary meaning, design searching, and with the new standards for prior art, prior disclosures, anticipation and obviousness under the recent America Invents Act, and how these affect design patents.

Charles’ practice also includes oppositions, cancellations and concurrent use matters before the Trademark Trial and Appeal Board, and appeals before the Patent Trial and Appeal Board. Charles also administers and manages world-wide design patent and design registration portfolios for clients, and counsels clients on international trade dress and design matters, including on Hague International Design Registration filings.

Charles has given numerous presentations on trademark and design patent practice and has authored an article on the overlap of design patent and trade dress protections in the U.S.

University of Southern California (B.A., cum laude, 1985) Phi Beta Kappa; George Washington University National Law Center (J.D., 1989).

Professional Activities
Charles chairs the New York State Bar Association, Intellectual Property Law Section. He has been a member of the Executive Committee of the IP Law section since 2004. In 2006, 2009 and 2012, Charles chaired and was lead organizer for three Fall IP Section Meetings all featuring two days of IP related presentations and programs. Charles has also been a member of the International Trademark Association since 1997, serving on the USPTO Practice Committee: 2007-2008.

New York State
United States Patent Office

Published Works

Design Patents Valuable in Protecting Product Trade Dress

Mondaq, September 22, 2015.

Design Protection: The U.S. Perspective

World Trademark Review, Issue 41, February/March 2013