Intellectual Property Law Services in Bloomfield, IL

How can a copyright attorney help your company avoid Bloomfield 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, Bloomfield 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 Bloomfield IL 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 should you look for when hiring a Bloomfield, IL trademark attorney?

An experienced Bloomfield, IL trademark attorney can help you navigate the best way to register, maintain, and protect your trademark. Whether you are considering trademark registration, defending against accusations of trademark infringement, or enforcing your rights against trademark infringers, choose a trademark attorney who is familiar with all areas of intellectual property law. An attorney who can advise you not only on trademark matters but also trade secret law, patent law, unfair business practices, and copyright law will help ensure you are protected on all sides.

Finally, ask if the attorney has experience handling cases for the types of goods and/or services covered by your trademark. You will feel at ease knowing your attorney is familiar with the nuances of your industry.

How do I protect my Bloomfield, IL brand?

Brands can be protected by trademarks and trade dress. “Word marks” are a form of trademark that can protect the actual wording of a brand name, while “design marks” are trademarks that protect the stylization or graphical elements of your brand name. Additionally, trade dress can protect the design, shape, or appearance of you protect, such as a distinctive bottle or textile pattern. You can obtain a federal trademark or trade dress by registering with the U.S. Patent and Trademark Office (USPTO). A trademark attorney can help you search existing trademarks and trade dresses to ensure your brand is unique, and then file a trademark application on your behalf. If approved, you will have the legal right to exclude anyone else from trying to mimic your brand, whether by appropriating the words or design elements of your brand.

What are the benefits of using a trademark attorney to apply for a Bloomfield, IL 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 is Bloomfield, IL 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 Bloomfield, IL 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.