Trademark Services in Lincoln County
The benefits of filing a provisional patent application in Lincoln
A provisional patent application is a document issued by the U.S. Patent and Trademark Office ("USPTO") that protects an invention for a year before a formal patent application is filed. Filing a provisional patent application has several important benefits to inventors and entrepreneurs. Firstly, provisional patent applications have less formal requirements and are more cost effective than nonprovisional applications. Secondly, they allow inventors to begin commercially promoting their invention immediately without fear of having it stolen. Thirdly, a provisional patent application serves as the effective date of filing for the invention, allowing inventors twelve additional months on the term of their patent grant and the right to use the term "patent pending."
What does a Lincoln 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.
What type of services does a trademark attorney provide to register a Lincoln County trademark?
When going through the trademark registration process, 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. An attorney can also help you enforce and maintain your trademark rights and represent you at the USPTO’s Trademark Trial and Appeal Board.
Five different types of Utility Patents in Lincoln County
A utility patent is a legal protection granted to investors for new, useful, and non-obvious inventions. There are five major types. A “process patent” is a protection granted to anyone who invents or discovers a new and useful process, which can include chemical, industrial, or technological processes. A “machine patent” protects mechanical devices or combinations of mechanical elements that work together to produce a certain effect or result. A “manufacture patent” protects the method with which a new or original product is manufactured. A “composition of matter patent” covers new and useful compositions of matter, whether they be chemical compounds or mechanical mixtures, and include gases, fluids, powders, or solids. Finally, an “improvement patent” protects the distinction between a new product and previously existing products of a similar type.
Lincoln County Trademark Protection for a Service
A trademark can protect a service, just like a product. A service trademark is used to identify and distinguish the services of one company from those of others in the same industry. Service trademarks play an important role in protecting a company's brand identity and reputation, and help customers differentiate the company's services from those of its competitors. Service trademarks are registered with the same process as trademarks for goods, while receiving the same legal protection. Registering a service trademark provides the owner with exclusive rights to use the trademark to promote and sell their services, as well as the ability to take legal action against anyone who infringes on their trademark rights.
What if someone posted my photo and removed my Lincoln copyright information?
“Copyright Management Information” (or CMI) includes the identifying information about a work’s copyright owner, among other things. Digital Millennium Copyright Act created a separate prohibition from knowingly removing or altering Copyright Management Information. If someone has knowingly removed your watermark, the title of the artwork, the year it was created, your name, or certain other identifying information from your photo before posting it to social media, you may have a cause of action against that person. The key is that the other person must have known, or had reason to know, that their actions would induce, enable, facilitate, or conceal an infringement. The attorneys at Axenfeld Law can assess your options and determine the best course of conduct to enforce your rights.