Patent Services in Alabama

What is a registered Alabama patent attorney?

A registered patent attorney is an attorney who is, in addition to their state law license, also licensed to represent clients before the U.S. Patent and Trademark Office (USPTO). Generally, only practitioners who are specifically qualified by the USPTO may file and prosecute patent applications. In order to be registered by the USPTO, a patent attorney must have a Bachelor’s degree or higher in a technical field (e.g. engineering, physics, chemistry, biology) and must pass a special USPTO exam, often called the “Patent Bar,” separate from the bar exam that all lawyers must take. Not all patent practitioners are lawyers; patent agents are practitioners who are qualified to file patent applications but are not licensed to practice law. Unlike patent agents or unregistered attorneys, a registered patent attorney can both render legal advice and also file and prosecute patent applications.

Trademark Search Services in Alabama

Trademark search services are an essential step in the trademark registration process, helping individuals and companies determine if their desired trademark is available for use and registration. A thorough trademark search can reveal any conflicting trademarks that could potentially prevent the registration of a new trademark. Axenfeld Law Group’s trademark search services include a review of existing trademarks in databases, as well as a search of common law usage, company names, and domain names. Based on your needs, we will research the relevant market for your goods/services, and are able to perform an international search as well. Utilizing Axenfeld Law Group’s trademark search service may avoid costly legal battles and disputes over trademark infringement. Axenfeld Law Group recommends all individuals and businesses conduct a comprehensive trademark search before applying for trademark registration to ensure the desired mark is available and to avoid wasting time and resources on an application that may be rejected or opposed.

What are the benefits of using a trademark attorney to apply for a Alabama trademark registration?

While U.S.-domiciled applicants do not need to hire a trademark attorney to prepare and file an application for their trademark, there are a number of benefits to having a U.S.-licensed attorney who specializes in trademark law represent you at the USPTO.

An attorney will be able to provide you with legal advice regarding your trademark, conduct a clearance search before you file an application (which will provide insight into the registerability of the mark and any potential issues that may arise during the application review process), prepare your application accurately to minimize office actions, communicate with the USPTO directly on your behalf, and shield you from fraudulent solicitations from third-party vendors.

While hiring an attorney to prepare your trademark application will increase the initial costs, it will likely save you money in the long term and will give you more peace of mind.

What type of services does an intellectual property attorney in Alabama provide?

An intellectual property (“IP”) attorney isn’t just for filing patent applications. An IP attorney should be well-versed in trade secrets, trademarks, unfair business practices, and copyrights. Some of the key services Axenfeld Law provides include patent prosecution, trademark registration, copyright registration, litigation to enforce your intellectual property rights, and domain name disputes. Axenfeld Law can also work with your business to license or transfer your IP rights, whether as an individual transaction or as part of a larger deal, such as IP due diligence for mergers and acquisitions. This would include assessing your IP portfolio and determining the steps needed to protect your IP while maximizing its value.

Axenfeld Law has experience in representing Alabama businesses and individuals before the U.S. Patent and Trademark Office (“USPTO”) involving both trademarks and patent matters. Additionally, Axenfeld Law’s litigation team is well versed in all areas of intellectual property law and can represent you in enforcing your rights against infringers or defend you when accused of infringement. IP law is a complex field with each sub-area of law containing its own nuances, therefore it is imperative to look to a team like Axenfeld Law that is familiar with the practical intricacies in order to maximize the value of your IP while minimizing the costs.

What is Alabama trade dress?

Trade dress is the overall commercial look and feel of a product and can include the product’s packaging, features, or a combination of features. In order to be protectable, the Alabama trade dress must identify the source of the product and distinguish it from the look and feel of other products. A product’s trade dress must also be (1) distinctive – it must identify and distinguish the source of the product; and (2) non-functional – it must not be essential to the use of the product or affect its cost or quality. If the trade dress is not inherently distinctive, it can still be registered if the owner can show that it has acquired secondary meaning.