Frequently Asked Questions
What is intellectual property?
Ideas, tangible or intangible, are the most important assets to protect in today’s competitive creative market. With so many channels and constantly replenishing feeds to watch out for, tracing the ownership and originality of a design, brand name, or invention needs the laser-focused eye of a trained attorney. We’ll handle the search, application, and filing process of trademarks, copyrights, and patents. And if your idea has been infringed upon, our litigation team will negotiate the best possible licensing and settlement agreements.
What is a trademark?
Simply put… a trademark is a source identifier for consumers. It indicates to consumers what business or individual is responsible for providing the goods or service.
What can I trademark?
You can trademark the following: Logos (a.k.a . design marks), slogans, colors, trade dress/ product packaging, taglines, characters, and even sounds.
What is Business Law?
Business Law also referred to as Commercial Law or Corporate Law is a branch of law that deals with the rules and regulations that govern how businesses operate. Simply put, it is the area of law that guides how companies and individuals should conduct their business activities.
What is the difference between TM, ®, and © symbols?
The TM symbol denotes a trademark that has not yet been registered with the USPTO and it serves as notice to potential infringers that the logo, slogan, or other indicator is being claimed as a trademark. The SM symbol denotes a service mark that is not registered. The trademark symbol ® means the trademark has been federally registered with the USPTO and imparts the trademark owner’s ability to recover damages in a trademark infringement suit. Finally, the © symbol indicates federal copyright registration of an expression of an idea in a tangible medium, different from a trademark.
Why should I have an attorney review my contract before signing it?
Contracts are typically drafted in favor of the party drafting them, which often results in contract terms most favorable to the drafting party. However, those terms may not be favorable or even equitable for you. It is important to have an attorney review and when necessary negotiate a contract to ensure the terms of the contracts are fair and aligned with both parties intentions and expectations. Additionally, that “boilerplate language” most people overlook is actually important. Since “boilerplate language” is often overlooked, it presents an opportunity to the drafter to insert important terms and possibly even include unfair terms. Also keep in mind that just because the parties agree to include something in the contract, if it doesn’t make it into your contract you could be left empty handed after signing on the dotted line. Remember… the devil is in the details, so make sure an experienced attorney thoroughly reviews those details to ensure they are accurate and correct.
Why do I need to register my trademark?
Let’s imagine you spent time, money, and your creative energy to develop the perfect brand for your business. Now that you’ve developed the perfect brand for your service or products you spend financial resources, time, and energy into marketing your brand. Without a registered trademark, anyone can use your logo and branding items and market their products and services using the goodwill and reputation you’ve built so consumers can trust your brand. As a result consumers may be confused as to which brand is yours and may even fall victim to purchasing the infringer’s products or services that are of lesser quality, which could tarnish the reputation of your business. Even worst, someone could not only use your trademark, but register your trademark with the USPTO and prevent you from using your own trademark. Crazy right?! Registering your trademark(s) prevent scenarios like this from happening, which is why registering your trademark is so important. Protect your hard work and investments you’ve put into building your brand.
What does a Business Attorney do?
Business attorneys provide legal guidance and support to businesses, entrepreneurs, and individuals involved in business transactions. They help their clients understand and navigate the legal aspects of running a business, ensuring that they comply with laws and regulations.
Business attorney assists with various tasks such as drafting and reviewing contracts, negotiating deals, advising on intellectual property rights, and resolving disputes. They play a crucial role in helping businesses make informed decisions, avoid legal pitfalls, and ensure that they operate within the boundaries of the law while protecting their rights and interests.