Intellectual Property

Trademarks
Our Firm can assist you in the establishment and maintenance of your trademarks/servicemarks.  Some of our services include:
  • Analysis of the viability of the mark;
  • Review of the preliminary and comprehensive searches;
  • Filing and servicing the application up to and including registration;
  • Licensing and Assignments; and
  • Protecting the mark after registration from infringement, unfair competition and dilution.

What is a trademark? (see powerpoint at the bottom of this section)

A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name.
 
Do I have to register my trademark? 

No, but federal registration has several advantages, including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.

What are the benefits of federal trademark registration? 
  1. Constructive notice nationwide of the trademark owner's claim. 
  2. Evidence of ownership of the trademark. 
  3. The only way to invoke Federal Jurisdiction. 
  4. Registration can be used as a basis for obtaining registration in foreign countries. 
  5. Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods. 

Where can I get basic trademark information? 

The USPTO website (see Helpful Resources below) provides information about trademarks, and allows for electronic filing of trademark applications and other trademark documents. The Trademark Electronic Business Center contains all the information needed for the entire registration process. You can search the trademark database for conflicting marks using the Trademark Electronic Search System (TESS), and check the status of applications and registrations through the Trademark Applications and Registrations Retrieval (TARR) database at http://tarr.uspto.gov. Also, please download the powerpoint below for more information on trademarks and registration. 

Helpful Resources:
United States Patent and Trademark Office
Trademarks Explained
File Size: 255 kb
File Type: pdf
Download File

​Copyrights
Copyright is a form of protection provided by U.S. Copyright law to authors of "original works of authorship." It attaches to original works of authorship that are fixed in a tangible form of expression whether published or unpublished. The following is a list of the various categories of copyrightable works:
  • Literary works - books, poems, manuals, catalogs
  • Musical works, including any accompanying words
  • Dramatic works, including any accompanying music
  • Pantomimes and choreographic works
  • Pictorial, graphic, and sculptural works
  • Motion pictures and other audiovisual works
  • Sound recordings
  • Computer programs
  • Advertising and marketing materials
  • Architectural Works
For a more complete explanation, please view the following power point: 
Understanding Copyrights
File Size: 2098 kb
File Type: pdf
Download File
Helpful Resources:
U.S Copyright Office