Category: Intellectual property

intellectual property rights

What Are Intellectual Property Rights?

Copyrights, trademarks, service marks, and patents. It may be difficult to fully understand what each license offers to you as a business owner, artist, innovator, or inventor, but if you are in the process of creating new concepts, products, and services it is a good idea to protect such work. Interestingly, if you have created a work or expression of art, or a logo or a slogan, it is already yours (assuming no one else has the exact same branding mechanism, which is why you should do the research). Complications could arise though if another party were to start using your copyrighted material, for instance—without permission. Without filling out the proper applications with the U.S. Copyright Office or the United States Patent and Trade Office and getting the appropriate licensing, you have no legal avenue to sue for infringement if someone were to steal your work.

Speak with an experienced attorney from the Bolender Law Firm if you have intellectual property that needs to be registered. If you are just opening a business or just beginning to expand to the point where you need protection, it may include:

  • Trademarks & Service Marks – think of those companies that draw you in time and time again, along with offering a familiarity that becomes almost unconscious after we see a logo for so long. This is one of the most basic—and vital—elements of marketing, and that can apply to a business of any size. Registering your trademark through the United States Patent and Trade Office means you have legal recourse against anyone who tries to use it without your permission. This is the same with the service mark, which is a type of trademark; however, it denotes the services that your company offers and is often exemplified by a slogan—which may also (or not) be accompanied by a logo.
  • Copyrights – although these deal with protecting many different types of artistic expressions such as art, screenplays, and music, copyrights can obviously be very important for businesses too. Books can be copyrighted, along with software, architecture, and more, and are registered through the U.S. Copyright Office. Systems and methods of operation are not protected by a copyright but fall under patents.
  • Patents – these licenses are applied for through the United States Patent and Trade Office and allow inventors to protect their work for around 20 years. The following may be registered with a patent: processes, machines, articles of manufacture, compositions of matter.

The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

Your Intellectual Property Needs

Intellectual Property Needs: Is a Copyright License Enough?

While some businesses take off from the very start and allow their owners enormous—and startling—success, for the average entrepreneur there are many challenges initially. It may take quite some time to get a new company off the ground, and then the challenges in maintaining enough capital can be staggering. Inventory must be purchased, employees must be paid, along with all the essential bills that come with running an office like rent, utilities, supplies, and so much more.

Along with the long list of routine duties that must be continually completed, you must please your public too, no matter what type of industry you are catering to. For most business owners, that means creating unique products and services that set them apart, and if you cannot, your prospects for the future may be slim. This is why protecting everything you have built is so important too—from having your business properly insured and updated to making sure information about your specific innovations is not leaked, and trade secrets don’t walk out the door.

Intellectual property law may seem intimidating, but with the help of a skilled law firm like the Bolender Law Firm, you can look forward to guidance in registering your unique concepts, artistic work, slogans, services, inventions, and more—along with ensuring that you have legal recourse should another party infringe. You may be familiar with the term copyright, but unsure as to exactly what that encompasses.

In applying for a copyright, you may be hoping to protect information on your website, or protect written or other artistic works like music, screenplays, text (a cookbook would be a good example), architecture, or software. In some cases, the copyright may not be expansive enough for your needs in terms of protecting your individual or company’s work from infringement; for instance, you may be interested in copyrighting a computer program that you wrote, but a patent may be required to protect it further from infringement by others as you are able to protect the system and its processes—in other words, it may be in your best interest to go a step further in applying for a patent to protect the way your software or other creation works.

For more on different types of intellectual property, check out some of our previous blogs discussing issues such as trademarks and service marks too. The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

Registering intellectual property

Registering Intellectual Property: Work With Your Attorney

In starting a new business, there is so much to consider—beginning with the actual structure of your company. Are you forming a traditional corporation, a partnership, or perhaps an LLC with yourself as the sole proprietor? Beyond that, what about your business model? What are you offering to the public and who will you hire to help you on your mission? Are there partners to set up agreements with, along with full-time employees and independent contractors?

From the initial paperwork as you set up your company, to contracts with vendors, a wide range of individuals who may work for you in numerous different capacities, and so much more, there is an overwhelming amount of time and effort that goes into both the creation of and the protection of your new or existing company. And that is something that you must fit in along with daily operations that from the outset can require exceedingly long hours—not to mention the never-ending concerns about capital that may be diminishing and cash flow that must continue to keep the doors open. Required insurance (along with other recommended policies) must be purchased, and you also need to protect yourself in the case of customers being injured on site or employees being hurt on the job.

But what about protecting the very essence of what makes your company so special? From your products and services to inventions and innovative concepts, consider the intellectual property your company possesses today. Although trademarks, service marks, copyrights, and other types of intellectual property are yours as soon as you create it or begin using slogans and logos, that doesn’t mean they could not be easily stolen and used by others!

Consult with an experienced intellectual property attorney to register through the following agencies, giving you true proof of ownership:

  • S. Copyright Office – work with your attorney to find out more about how you should send copies of your work to this agency, as well as filling out the required application for approval. You may be able to apply online, unless hard copies are required. Copyrights usually protect artistic expressions of work such as books, screenplays, music, art, and more from infringement. Once you have a copyright for your work (and keep in mind, you can also register a collection of multiple works at once), the registration lasts while you are alive, plus another 70 years after that.
  • United States Patent and Trademark Office – here, your attorney will help you apply for the proper licenses for patents, which are good for around 20 years, unless you have a design patent, which is usually good for 14 years. Trademarks (or service marks which are a subcategory of the trademark, allowing for an explanation of what a company does rather than what products it offers) are also applied for through the USPTO, allowing you protect goods and services.

Speak with your attorney about business contracts or partnerships contracts that may involve intellectual property; for instance, how is this divided in the case of one partner (or an independent contractor) leaving—or what if you sell the business altogether? This can get tricky legally, but a skilled intellectual property attorney can discuss your options with you and make sure it is all put in writing.

The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

Intellectual property

Intellectual Property: Protect That Trademark

Many find the subject of intellectual property to be both complex and intimidating—and sometimes so much so that valuable business innovations go unprotected. Think of all that you protect when it comes to your company, whether you are just starting up or have been in operation for years. From protecting your company’s image and reputation within the industry you are involved in, to ensuring the security and safety of employees, real estate, and physical contents of your office or warehouse, there are many details to tend to—not to mention the actual running of your business. Accountants help ensure your financial health while your insurance company should see to it that you have all the correct coverages should a claim arise later.

A skilled business attorney from a firm like Bolender Law Firm can assist with many legal aspects of your business, from drawing up contracts to assisting in acquisitions, or providing representation in the unfortunate case of a lawsuit. When it comes to protecting your brand, however, this is another area where knowledgeable legal advice is necessary. Your attorney can help you pinpoint what type of intellectual property you really have and then move forward to discuss the different types of licenses and registration required.

The trademark is key to many businesses today, and there are some famous ones for sure—as in clothing logos, restaurants logos, and so much more. It may also be a word, or a phrase tied to a company and the goods they provide. The trademark also encompasses the service mark which is often a slogan designed to remind consumers of the services a business provides to the public. The trademark is yours by common law as soon as you design it and begin using it. And while you may own a small business now and foresee no threat of anyone stealing your trademark or any other intellectual property, by registering with the United States Patent and Trademark Office, you have formal ownership for ten years, with the opportunity to keep renewing it. This formal registration allows you to take legal action should someone try to use your trademark without permission, and it also puts you on solid ground for selling it later or granting use of temporarily.

The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

service marks

Service Marks: Does Your Brand Need One?

For so many business owners in the US, a company blooms based on a dream, a concept, and an eventual innovative product that can be manufactured or a unique service that can be offered to the public. The marketplace is competitive for nearly anyone today, and creating a business that will succeed takes savvy, ingenuity, and the willingness to put in many hours. Along with your vision, mission, and business strategy comes a need for protection too. This may come in the form of security at your new business, insurance policies, and a variety of different legal measures such as partnership contracts, independent contractor agreements, and more.

The Service Mark is a Type of Trademark

Protecting your intellectual property may be much more of a concern than you realize too. While you may be familiar with terms such as copyrights, patents, and trademarks, you may be less familiar with the service mark. This is intellectual property that falls within the trademark category, but rather than offering a logo or symbol, the service mark denotes what it is you offer to the public. This might be in the form of a slogan, for example, or as the U.S. Patent and Trademark Office (USPTO) states, something that will “identify services, that is, intangible activities, which are performed by one person for the benefit of a person or persons other than himself, either for pay or otherwise.”

Protect Your Intellectual Property Through the USPTO

A trademark or service mark is yours once you begin using it (make sure when you create yours that no one else has registered one), but without registering it through the USPTO you would not be able to take legal action against another party if they used it without your permission. There may be times however, that another entity may purchase your service mark or have rights to use it—most especially if you sell them your business and transfer your intellectual property to them.

Protection of marks, copyrights, and patents is critical to any business, along with taking measures to make sure employees and independent contractors are aware that they belong to your company and are not to be ‘taken’ once they stop working for you, whether in quitting their jobs or finishing a contract. Employees currently working for you should also clearly understand confidentiality requirements which may be outlined in a non-disclosure agreement.

Contact Us for Help

The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

Intellectual property

Protecting Intellectual Property: Selecting the Right Mark

In the business world, you will often hear about blood, sweat, and tears being poured into companies—despite how long they have been around. The marketplace can be extremely competitive, no matter what type of industry you are involved in, and most likely every move you make for your company is taken very seriously. You may have created new products or new services recently, perhaps even hiring independent contractors. Marketing campaigns usually follow, often with new client lists to target, press releases, launch parties, the social media blitz required for today, and more.

It is critical to keep your business, your brand, and your innovations and trade secrets—no matter what form they are created in—protected at all costs. Intellectual property law can be complex, so as your business continues to grow, you should consult with an experienced firm like the Bolender Law Firm to understand more about registering for the appropriate licenses.

While there is much to understand about copyrights and patents too, figuring out what type of intellectual property mark you want may be confusing. The bottom line is that you are working to protect your brand:

Trademark – many of these are famous around the world, from the golden arches, to that swoosh sign on footwear, alerting you to companies you are familiar with and may have purchased from far more than once. In your case, no matter the size of your business, the trademark should allow you not only to separate yourself from the rest of the competition and make you memorable, but in registering for one, you also ensure that you can take legal action against anyone who uses it without your permission. In most cases, having that registered trademark means it is yours.

Service mark – while the name for this mark is self-explanatory, many are not aware of the nuances of registering for variation on the trademark. Designating which services your company supplies to the public, the service mark (designated by an SM symbol, instead of TM) could be a slogan that cleverly explains what you do, and it falls under your intellectual property; again you can use this as your service mark without registering it, but you may not have the necessary legal recourse required if someone steals it.

The Bolender Law Firm can assist you in all intellectual property matters. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!