Trademarks, copyrights and patents aren't just for big corporations. Everything from your company's name to its management style is worth protecting.
Your most valuable real estate may be your intellectual property -- a name, a process, or something else so unique that it's worth protecting. Determine whether you have such assets that need protection and which type of protection is necessary so you can secure your legal rights.
Trademarks
Creating a company or product name, slogan, design, or even a sound or smell that is so identified with a company's brand are assets that can be trademarked. You aren't required to register a trademark, but doing so gives you the presumption of ownership, which means you have the exclusive right to use the mark or license it for 10 years, with 10-year renewals. Unauthorized use of your mark can entitle you to damages.
A trademark is shown by displaying the symbol ™; once federal protection is obtained, the symbol ® can be used.
Copyrights
Creative works -- literary, musical, and artistic -- can usually be protected for the life of the creator, plus 70 years. Copyright protection is shown by displaying the © or word "copyright," the year that the work was first published, and the name of the copyright owner (e.g., © 2007 Walt Disney).
Copyright protection isn't limited to the arts and can extend to Web sites, computer software, architectural designs and even recipes and formulas if accompanied by substantial literary explanation. You can't copyright information that is common knowledge and has no original authorship, such as height and weight charts and public documents.
Patents
Previously thought of only in connection with inventions (Thomas Edison held 1,093 patents for inventions such as the electric light bulb, phonograph, and motion picture camera) and medications, today patents can be used to obtain financial advantage for creating processes as well. Examples: Burpee's patents for asexual reproduction of plants, culinary inventions (printing pictures of food on edible paper), and even tax strategies (although Congress may soon restrict this last class of patenting). Patents cannot be obtained for an idea or suggestion; there must be some technical merit worthy of protection.
Application and Fees
Obtaining a patent for an invention gives the owner the exclusive right to make, use, or sell the invention for a set number of years (usually 17 years from the date the patent is granted or 20 years from the filing, whichever is longer). During the patent process, show the public that you're in the process of filing by displaying "Patent Pending" or "Patent Applied for."
Once you believe you have something worth protecting and determine which type of protection is appropriate, move ahead. Learn about your rights for IP property at: U.S. Patent and Trademark Office (www.uspto.gov).
Because IP property is so valuable, it's wise to invest in the assistance of a knowledgeable attorney. Relying on an attorney to advise you and help you secure your legal rights can actually end up saving you money in the long run.
After you receive legal protection for your IP property, it's up to you to monitor that your rights aren't being violated (i.e., someone is using your trademark without your permission). We can help you police the Internet for your mark and send "cease and desist" letters to violators. If you fail to protect your trademarked brand name, for example, and allow it to fall into generic use, you'll lose your rights. We know you are busy, so let us do this for you.
For further information or to discuss copyrights, patents, trade secrets or trademarks, we invite you to schedule a free confidential consultation with an experienced northern and southern California intellectual property and patent attorney by calling us at 916.983.2941, or filling out our contact us form on our website. The confidential consultation is free.
Trademarks, copyrights and patents aren't just for big corporations. Everything from your company's name to its management style is worth protecting.
Your most valuable real estate may be your intellectual property -- a name, a process, or something else so unique that it's worth protecting. Determine whether you have such assets that need protection and which type of protection is necessary so you can secure your legal rights.
Trademarks
Creating a company or product name, slogan, design, or even a sound or smell that is so identified with a company's brand are assets that can be trademarked. You aren't required to register a trademark, but doing so gives you the presumption of ownership, which means you have the exclusive right to use the mark or license it for 10 years, with 10-year renewals. Unauthorized use of your mark can entitle you to damages.
A trademark is shown by displaying the symbol ™; once federal protection is obtained, the symbol ® can be used.
Copyrights
Creative works -- literary, musical, and artistic -- can usually be protected for the life of the creator, plus 70 years. Copyright protection is shown by displaying the © or word "copyright," the year that the work was first published, and the name of the copyright owner (e.g., © 2007 Walt Disney).
Copyright protection isn't limited to the arts and can extend to Web sites, computer software, architectural designs and even recipes and formulas if accompanied by substantial literary explanation. You can't copyright information that is common knowledge and has no original authorship, such as height and weight charts and public documents.
Patents
Previously thought of only in connection with inventions (Thomas Edison held 1,093 patents for inventions such as the electric light bulb, phonograph, and motion picture camera) and medications, today patents can be used to obtain financial advantage for creating processes as well. Examples: Burpee's patents for asexual reproduction of plants, culinary inventions (printing pictures of food on edible paper), and even tax strategies (although Congress may soon restrict this last class of patenting). Patents cannot be obtained for an idea or suggestion; there must be some technical merit worthy of protection.
Application and Fees
Obtaining a patent for an invention gives the owner the exclusive right to make, use, or sell the invention for a set number of years (usually 17 years from the date the patent is granted or 20 years from the filing, whichever is longer). During the patent process, show the public that you're in the process of filing by displaying "Patent Pending" or "Patent Applied for."
Once you believe you have something worth protecting and determine which type of protection is appropriate, move ahead. Learn about your rights for IP property at: U.S. Patent and Trademark Office (www.uspto.gov).
Because IP property is so valuable, it's wise to invest in the assistance of a knowledgeable attorney. Relying on an attorney to advise you and help you secure your legal rights can actually end up saving you money in the long run.
After you receive legal protection for your IP property, it's up to you to monitor that your rights aren't being violated (i.e., someone is using your trademark without your permission). We can help you police the Internet for your mark and send "cease and desist" letters to violators. If you fail to protect your trademarked brand name, for example, and allow it to fall into generic use, you'll lose your rights. We know you are busy, so let us do this for you.
For further information or to discuss copyrights, patents, trade secrets or trademarks, we invite you to schedule a free confidential consultation with an experienced northern and southern California intellectual property and patent attorney by calling us at 916.983.2941, or filling out our contact us form on our website. The confidential consultation is free.