Trademark Services in Bayside, VA

Bayside VA 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.

Does copyright law protect my photos posted on social media?

U.S. copyright law protects creative works, and photos posted on social media are no exception. The Copyright Act protects photos posted to websites such as Instagram, Twitter, and Facebook, but only if the images meet the minimum creativity requirements, are original, and are fixed in a tangible means of expression. When a photographer captures a photograph, they make creative decisions as to the subject matter, lighting, exposure, focus, etc., which typically satisfies both the creativity and originality requirements. Photographs taken with a phone or digital camera meet the fixation requirement when it is recorded or stored in a format that can be preserved and retrieved for future use, display, reproduction, or other commercial exploitation.

What is a registered Bayside, VA 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.

Can you protect your username / handle on social media?

You’ve spent hours building your brand on social media. Protect your Instagram, Facebook, Tiktok, and Twitter handles by registering the username with the United States Patent and Trademark Office ("USPTO"). If you are successful in registering your social media username, you will be establishing its role alongside your brand. This can help prevent others from exploiting your reputation and the goodwill you have built up through commercial use of your username.

Social media handles are eligible for Bayside trademark protection if they are used in connection with the goods or services you offer. This means that the handle must be distinctive and not merely descriptive of the goods or services you offer.

Treat your username or handle as a brand name and ensure that you are able to use it in commerce. This process begins with a trademark search, and if successful, a trademark registration application. This will ensure that no one else is using your name in an area of commerce that is similar to yours and prevent consumer confusion and diversion of sales. Axenfeld Law offers a full suite of services to help build, protect, and enforce your brand. This includes thorough assessment of your brand and the development of a strategy to protect your social media business.

How can a Bayside patent attorney protect an idea?

An idea can be protected by a patent if the idea constitutes an invention. An idea may be considered an invention under U.S. patent law if it is a new and useful process or machine, or a new and useful improvement to an existing process or machine. Abstract ideas are not patentable, and your invention cannot be something that would be obvious to an ordinarily skilled person in the field of the invention. Your idea must also be detailed enough that it can be described in such a way that an ordinarily-skilled person could make and use the invention based on that description. A patent attorney can help make sure your idea meets the requirements of a patentable invention, and secure protection for that idea by preparing and filing a patent application with the U.S. Patent and Trademark Office (USPTO).