Tag: Trademarks

Selling Your Business Patent

Looking back on every business you went into over the past week to complete errands or make purchases, consider that each one of them (even the franchises!) sprang originally from a dream, an idea, a concept in someone’s mind that could eventually turn into an invention requiring a business patent. Coupled with drive and determination, that idea turned into a real product or service, situated at a real business site—with all the real responsibilities of bringing in clients, maintaining capital, managing employees, and more.

And while you are probably a customer at many other businesses on a regular basis, you may also be an entrepreneur running a company of your own where it is so easy to get caught up in the daily grind that you forget what the original inspiration or motivation was to begin with. Staying fresh and continuing to innovate is vital to any business though, and while you may have trademarks or service marks already in place—perhaps even copyrights—you, your employees, or independent contractors may also be continuing to create intellectual property like patents.

A patent is defined by the United States Patent and Trademark Office as an invention which can be divided into three categories: utility, design, or plant (and yes, that literally refers to the discovery or creation of a new plant). Once you have registered for a patent—and it is highly recommended that you work with an intellectual property attorney in doing so—you may have a bit of a wait, anywhere from a matter of months to almost two years on average, and very possibly even longer. A patent is usually good for around 20 years and means that you have the sole rights to manufacturing and distribution.

In some cases, you may have a patent that you want to sell—or you may want to grant licensing rights. While selling it is a great way to make income that could perhaps fund another invention, it is permanent. Speak to your attorney about the best route for your business, along with the legalities of selling it, along with considering whether your better option would be to sell licensing and perhaps collect royalties. Working with another entity for licensing can be tricky so do not go it alone when negotiating agreements and drafting contracts.

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!

business trademark

Renewing Your Business Trademark

There are so many elements to running a business, and if you are operating a new start-up or running a business by yourself, several priorities take precedent over everything else in the beginning. You must have a place to operate your business and getting this squared away can be full-time for a while, whether you are buying or renting; either way, you must deal with real estate or leasing agents, finances, contracts, and make some big decisions. A business model must already be in place too—and it may be requested by either the bank or a potential landlord as they seek assurance that you will be able to pay your bills. Most importantly, you must have capital to get the ball rolling—and keep it rolling! This will pave the way for success and allow you to hire a team and purchase inventory and keep doing so.

The Trademark May Become Integral to Your Brand

Once you have the essentials lined up, everything else will fall into place—to include advertising, marketing, and setting goals for your employees. Whether you have a full-time team in place or are working with independent contractors—or a mixture thereof—projects will be on-going and creating intellectual property will be important as you go on. Items such as the trademark may be vital to your business early on, however, as they give the public a way to familiarize themselves with your brand and may even invoke a certain emotion in customers when they see your logo or symbol. And while this may just be a simple idea in the beginning as your brand is born, be aware that your intellectual property can be extremely valuable later—which is why you should protect your trademark by registering it with the United States Patent and Trademark Office from the beginning, even if it is somewhat protected by common law from the moment you create it.

Renew Your Trademark for Indefinite Use

A trademark can be extremely beneficial to your business, and it is also long-lasting if you keep up with renewals. Starting out, this intellectual property protection is good for ten years, and then as long as you keep up with the required paperwork and keep renewing it, your trademark is protected indefinitely in ten-year stretches. If you fail to meet the renewal dates, it will be canceled by the USPTO.

Contact Us for Help Now!

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 trademark

Your Trademark: What are the Benefits of Registering it Federally?

You may have heard the term ‘trademark’ bandied around forever—but perhaps not quite understood the nuances between that and other intellectual property. This is common for most of us, but the distinctions become apparent quickly when you start thinking about applying for protection of a mark that represents your brand.

Trademarks Apply to Your Brand

Trademarks apply directly to your business, while copyrights protect different forms of artistic work such as literature, movies, music, and even software and architecture. If you have invented something, as in a product or a process, you may want to apply for a patent. Trademarks are generally represented by logos or symbols, and they tend to draw customers to you over time due to their familiarity with your trademark as your brand continues to be marketed (quite heavily in some cases, depending on your business). Service marks, a subset of trademarks, may also be registered. The difference between a service mark and a trademark is that the service mark represents what your company offers to the public. Rather than just an emblem or a picture that reminds consumers who you are, the service mark tells them, with a slogan or short catch phrase.

Registering Your Trademark Protects Your Business Further

And while it is true that as soon as you create a trademark or service mark it is yours—and should be uniquely yours, registering it with the United States Patent and Trademark Office gives you more power to sue another party should they attempt to steal your mark or infringe on your design or company slogan. While such protection may not seem vital in the beginning, and you may feel like you have too many other things that are more important to deal with, taking care of your intellectual property could prove to be incredibly valuable later—not to mention saving you time from going to court or battling with another entity who has their eyes on your logo or slogan.

Once a trademark is approved (this could take up to a year), it is usually good for ten years and can be reinstated in ten-year increments. If you have intellectual property that you suspect needs protection, speak to a skilled intellectual property attorney as soon as possible. This will help steer you in the right direction regarding what type of application or registration is appropriate for your business, as well as helping you to streamline the whole process and make sure you are protected in the case that legal recourse was necessary.

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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!

copyrights

Copyrights, Trademarks, Patents: Understand the Differences & What You Need

As a company owner, you may have accrued numerous assets after years in business. You may own real estate—to include your business site—company vehicles, a large amount of office property and inventory, and other investments that relate to your industry. What about intellectual property though? You, your business partners, and independent contractors working for you either temporarily or long-term may be busy creating items that are truly some of your most valuable assets, and they must be protected.

As you begin producing different types of work, innovations, and perhaps even major inventions, you may be confused about what security measures you need to take, and how to do so; however, with the expert legal assistance of a firm like Bolender Law Firm, you will have a better understanding of your options regarding materials, negotiating licenses, preparing applications for registration, and more.

The terms copyright and trademark are sometimes used interchangeably, but they actually denote very different types of intellectual property law, along with patents. We’ve included brief information regarding each, so you can think about what may apply to your needs, and what type of protection your intellectual property requires:

  • Copyrights – whether you are applying for your own or asking permission to use a copyright assigned to another entity, this grants exclusive rights to the creator of an expression of art, whether that may be a book or a screenplay, software, music, or more. Copyrights are covered for a period of 95 years if they were published after 1922, but before 1987. If they were developed but not actually published before 1978, the work is covered for the lifetime of the creator, and an additional 70 years after that.
  • Trademarks – this type of intellectual property protection becomes critical when you are creating a brand. By registering a trademark (such as a logo), you allow your company and its products to be distinguished from that of the competition; likewise, the service mark denotes the services you offer.
  • Patents – this license is reserved to grant exclusive rights for inventions—usually for about 20 years from the time of application. During that timeframe, others may not manufacture the invention for their own purposes, use it, or sell 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!