Patent Services in Wabash County
How can a copyright attorney help your company avoid Wabash copyright infringement?
Copyright infringement occurs when a business or person engages in the unauthorized use or reproduction of a copyright protected work. Intellectual property law is continually changing and while the rules and statutes at issue remain the same, the implementation of the law often does not. This is especially true on the internet, where a work’s copyright protection is not always obvious and emerging technology, like generative artificial intelligence, tests the boundaries of existing intellectual property jurisprudence. Copyright attorneys, like those at Axenfeld Law Group, can help keep your company abreast of these changes to avoid potentially infringing conduct. To the extent your company is faced with a lawsuit for copyright infringement, Wabash copyright attorneys can also defend you against these allegations and/or work with the copyright holder to negotiate a mutually beneficial resolution.
Types of Trademarks
An attorney at Axenfeld Law Group can assess your potential Wabash County intellectual property and recommend seeking protection over one or more types of trademarks. This includes trademarks for words, designs, sounds, as well as the unique packaging (known as trade dress) for your product. A word mark is a trademark consisting of a word or phrase that identifies a product or service. This type of trademark can be either a standard character mark, which covers any use of the word in any font, or a stylized mark, which has a specific design element. A design mark is a trademark that consists of a unique graphic design, logo, or symbol that represents a product or service. A sound mark is a trademark that consists of a unique audio element, such as a jingle, tune, or sound effect, used to identify a product or service. Sound marks must be original and capable of being represented graphically. Trade dress is the overall look and feel of a product or packaging, and it can be protected as a trademark if it's distinctive and non-functional. An attorney at Axenfeld Law Group will guide the client in choosing the best type for their business.
What is a Cease-and-Desist Letter?
A cease-and-desist letter is typically the first step in protecting your Wabash County trademark rights once you determine that a third party is using your mark without authorization. The purpose of a cease-and-desist letter is to alert an unauthorized user to your trademark rights and ask the unauthorized user to cease their infringement. It also typically puts the alleged infringer on notice that if they do not stop their unauthorized use, they may face further legal action, such as a lawsuit.
While this letter does not need to be prepared by an attorney, a trademark attorney can help you craft a compelling letter, detailing all of the legal and factual bases for your demand. Furthermore, an unauthorized user is more likely to respond favorably to a letter from an experienced attorney. When successful in getting the alleged infringer to cease their unauthorized use of a mark, demand letters are the most cost effective and efficient way to resolve a trademark dispute.
Wabash Trademark Registration Services
Having a registered trademark can be valuable for protecting a company's intellectual property and brand identity. Wabash Countytrademark registration services are the process of obtaining official legal protection for a unique symbol, design, phrase, or name used to identify a brand. It is important to register a trademark to prevent others from using similar marks that could cause confusion for consumers. A registered trademark also grants the owner the right to take legal action against infringement. The trademark registration process typically involves a search for existing trademarks, filing of the trademark application, examination by the trademark office, and final approval or denial. The attorneys at Axenfeld Law Group specialize in registering trademarks and can help you navigate the process and increase the chances of successful registration.
How do I protect an invention in Wabash County?
Inventions can be protected by patents. Patents are a form of intellectual property right that give a patent owner the exclusive right to make, use, or sell an invention for a specific period of time. A patent owner has the right to sue someone for patent infringement who is making, using, or selling their invention without their. In order to obtain a patent in the United States, you must file a patent application with the U.S. Patent and Trademark office (USPTO), disclosing enough information about your invention to satisfy the USPTO that your invention has some useful purpose, is novel, and is not obvious to ordinarily-skilled people in your field. U.S. patents can last for up to 20 years, after which your intellectual property rights expire, but unlike with trade secrets, Wabash County patent owners do not have to maintain the confidentiality of their invention.
What does a Wabash design patent protect?
Whereas a utility patent covers an invention itself including the way it functions or its mechanical structure, a design patent protects only the appearance and design of the object. Put differently, a utility patent protects the way an invention is used and how it works while a design patent protects how it looks. Design patents may be obtained only where the ornamental features of the invention predominate over its functional features. An invention that is primarily utilitarian in nature is generally not protectable by a design patent. A design patent affords the patent holder the right to prevent others from making, using, or selling a product that resembles the patented product closely enough that an “ordinary observer” might confuse the infringing product for the patented one.