Patents, Trademarks and Copyrights make up the “intellectual property world”. Rob successfully passed the patent bar early 2000, and has been practicing in this area since. Every circumstance requires its own analysis, and has its own concerns. If you are interested in seeing if your idea is “patent-able” or would benefit from a trademark, please call the office and set up an appointment to discuss your unique circumstance.
Why do you need one?
Trademarks serve as source identifiers for goods and services. They communicate to consumers what they can expect when they purchase. The famous Nike “Swoosh” for example identifies the source of the product as being from Nike. The Nike reputation of performance and quality increases the value of their products over a no-name brand. The increased value and consumer confidence derives from the good will and reputation associated with the company that holds the mark.
The modern marketplace is crowded with competing trademarks, which can make it challenging to find a mark that has not already been taken. Before naming or branding a good or service, a professional search of the United States Patent and Trademark database is highly advised. The upfront cost of screening through the live and existing trademarks is very small when compared to responding to a cease and desist letter, or being a defendant in a litigation. Before you spend money on a name that is not available or unintentionally infringe someone else’s trademark, call and set up an appointment with Rob to discuss your plans.
PATENT – What is it?
A patent is a set of exclusive rights granted to an inventor or assignee for a limited period of time for its own use and marketability of the product. A patent screening identifies whether an invention is truly unique, whether there is any risk of infringement, and the probability of success with achieving a patent. Even if you are not certain its financially worth it to patent your product, knowing whether or not there are like products or you are infringing is an absolute must prior to product launch.
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.