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Kelsey K. Covert is an associate IP attorney within Merchant &amp; Gould’s Denver, Colorado office. Kelsey’s practice includes patent prosecution as well as licensing, copyright, and trademark work. As a licensed professional engineer, she has the knowledge necessary to help inventors and businesses across many technical industries protect their critical IP.

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<p class="wp-block-contentpilot-introduction">Kelsey K. Covert is an associate IP attorney within Merchant &amp; Gould’s Denver, Colorado office. Kelsey’s practice includes patent prosecution as well as licensing, copyright, and trademark work. As a licensed professional engineer, she has the knowledge necessary to help inventors and businesses across many technical industries protect their critical IP.</p>

Helping You Protect Your IP Now &amp; in the Future

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<h2>Helping You Protect Your IP Now &amp; in the Future</h2>

An important step in protecting your invention or intellectual property is through a detailed and complete patent. As a registered patent attorney for the USPTO, Kelsey helps you protect your ideas through patent prosecution and copyright preparation.

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<p>An important step in protecting your invention or intellectual property is through a detailed and complete patent. As a registered patent attorney for the USPTO, Kelsey helps you protect your ideas through patent prosecution and copyright preparation.</p>

Kelsey is also dedicated to helping you protect the future of your IP by delivering experienced patent infringement protection, including infringement analysis.

<p>Kelsey is also dedicated to helping you protect the future of your IP by delivering experienced patent infringement protection, including infringement analysis.</p>

Serving a Wide Range of Technical Industries

<h3>Serving a Wide Range of Technical Industries</h3>

Kelsey’s focus remains on utility and design patent prosecution, especially in the chemical, mechanical, &nbsp;and electrical industries. Her years of experience as an engineer lead her to serve companies within niches such as industrial chemistry, automotive, supply chain, alternative energies and solar, construction support, manufacturing, medical devices, oil and natural gas.

<p>Kelsey’s focus remains on utility and design patent prosecution, especially in the chemical, mechanical, &nbsp;and electrical industries. Her years of experience as an engineer lead her to serve companies within niches such as industrial chemistry, automotive, supply chain, alternative energies and solar, construction support, manufacturing, medical devices, oil and natural gas.</p>

Bringing 10 Years of Engineering Experience to the Legal Table

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<h2 class="wp-block-heading">Bringing 10 Years of Engineering Experience to the Legal Table</h2>


<h2>Bringing 10 Years of Engineering Experience to the Legal Table</h2>

Before entering law, Kelsey served as a dedicated engineer in various capacities, including as a Project Engineer, Process Engineer and Chemical Manufacturing Engineer.

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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>Before entering law, Kelsey served as a dedicated engineer in various capacities, including as a Project Engineer, Process Engineer and Chemical Manufacturing Engineer.</p>

Her experience includes everything from conducting in-depth research to managing large capital projects for industries such as pipeline design and construction, process safety, water treatment, paper and chemical facilities, and more.

<p>Her experience includes everything from conducting in-depth research to managing large capital projects for industries such as pipeline design and construction, process safety, water treatment, paper and chemical facilities, and more.</p>

Kelsey believes her breadth of engineering experience enables her to best serve her clients who require technical expertise. She can quickly understand technical components and put her background to use to solve legal challenges on behalf of her clients.

<p>Kelsey believes her breadth of engineering experience enables her to best serve her clients who require technical expertise. She can quickly understand technical components and put her background to use to solve legal challenges on behalf of her clients.</p>


<h3 class="wp-block-heading">Licensed Professional Engineer</h3>


Kelsey is a Licensed Professional Engineer, which means she has achieved the engineering industry’s highest standard of competence. This distinction underscores Kelsey’s technical ability and drive to deliver the highest level of protection for her clients and their IP.

<p>Kelsey is a Licensed Professional Engineer, which means she has achieved the engineering industry’s highest standard of competence. This distinction underscores Kelsey’s technical ability and drive to deliver the highest level of protection for her clients and their IP.</p>

Kelsey received her Bachelor of Science in Chemical Engineering with minors in Bioprocess Engineering and Pharmaceutical Chemistry from Michigan Technological University. She received her J.D. from the Sturm College of Law in Denver, Colorado, where she also earned the Intellectual Property Certificate.

<p>Kelsey received her Bachelor of Science in Chemical Engineering with minors in Bioprocess Engineering and Pharmaceutical Chemistry from Michigan Technological University. She received her J.D. from the Sturm College of Law in Denver, Colorado, where she also earned the Intellectual Property Certificate.</p>

In her spare time, Kelsey enjoys camping with her family, hiking with her dogs, cooking, and baking.

<p>In her spare time, Kelsey enjoys camping with her family, hiking with her dogs, cooking, and baking.</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"><h2>Bringing 10 Years of Engineering Experience to the Legal Table</h2><p>Before entering law, Kelsey served as a dedicated engineer in various capacities, including as a Project Engineer, Process Engineer and Chemical Manufacturing Engineer.</p><p>Her experience includes everything from conducting in-depth research to managing large capital projects for industries such as pipeline design and construction, process safety, water treatment, paper and chemical facilities, and more.</p><p>Kelsey believes her breadth of engineering experience enables her to best serve her clients who require technical expertise. She can quickly understand technical components and put her background to use to solve legal challenges on behalf of her clients.</p><h3>Licensed Professional Engineer</h3><p>Kelsey is a Licensed Professional Engineer, which means she has achieved the engineering industry’s highest standard of competence. This distinction underscores Kelsey’s technical ability and drive to deliver the highest level of protection for her clients and their IP.</p><p>Kelsey received her Bachelor of Science in Chemical Engineering with minors in Bioprocess Engineering and Pharmaceutical Chemistry from Michigan Technological University. She received her J.D. from the Sturm College of Law in Denver, Colorado, where she also earned the Intellectual Property Certificate.</p><p>In her spare time, Kelsey enjoys camping with her family, hiking with her dogs, cooking, and baking.</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>

University of Denver Sturm College of Law, J.D., 2021, 

Michigan Technological University, B.S. Chemical Engineering, Minor in Bioprocess Engineering and Pharmaceutical Chemistry, 2010

Consumer Products

Industrial Chemistry

Medical Devices

Pharmaceuticals

Computer Technology

Building Systems & Construction

Manufacturing

Alternative Energy

Denver


<p class="wp-block-contentpilot-introduction">Merchant & Gould is pleased to have welcomed two new associates to its Denver legal team:  <a href="/people/kelsey-k-covert/">Kelsey K. Covert, P.E.</a> and Drew N. Smith.</p>



<p>“These attorneys deepen our practice groups and breadth of technical industry experience,” said <a href="/people/andrew-l-jagenow/">Andrew Jagenow</a>, managing partner of Merchant & Gould’s <a href="/offices/denver/">Denver office</a>.  “We are excited to welcome them.”</p>



<p>Kelsey’s practice includes patent prosecution, as well as trademark and copyright work.  As a licensed professional engineer, she has the knowledge necessary to help inventors and businesses across many technical industries protect their critical IP. Kelsey’s focus remains on utility and design patent prosecution, especially in the chemical, mechanical and electrical industries. She received her B.S. in chemical engineering with minors in bioprocess engineering and pharmaceutical chemistry from Michigan Technological University; and her J.D. from the University of Denver’s Sturm College of Law, where she also earned the Intellectual Property Certificate.</p>



<p>Drew’s practice includes patent preparation and prosecution for clients of all sizes, from tech start-ups to multinational corporations.  He has prepared and successfully prosecuted hundreds of patents in the electrical, computer, software, and mechanical engineering fields. Drew also provides counsel in various other areas of intellectual property law, including opinions on patent validity and infringement, IP due diligence support, licensing, and IP agreements.  He received a B.S. in electric engineering from Oregon State University, and a J.D. from University of Montana Alexander Blewett III School of Law.</p>


Merchant & Gould Welcomes Two Associates in Denver Office

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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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Kelsey K. Covert P.E.

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