Intellectual Property Law Services in Duncan, MS

Intellectual Property Law Services in Duncan, MS

How do I protect my Duncan, MS 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.

How do I protect my Duncan, MS  brand?

What is Duncan, MS 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 Duncan, MS 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.

Duncan, MS trade dress
Duncan, MS Trademark Trends

Duncan, MS Trademark Trends

Recent trademark registration trends have seen an increase in the number of trademark applications filed, especially in the areas of technology (Artificial Intelligence (AI), blockchain, and NFTs), entertainment, and fashion. Additionally, there has been a rise in the use of trademark protection for colors, sounds and scent marks, as well as in the registration of trademarks for cannabis-related goods and services. Furthermore, with the growth of e-commerce and the increasing use of social media for business purposes, there has been a rise in the number of trademarks being filed for logos, taglines, and hashtags. However, there has also been an increase in the number of rejections and objections being raised during the trademark examination process, particularly for marks that are deemed descriptive or generic.

Duncan Copyright Infringement

How can a copyright attorney help your company avoid Duncan 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, Duncan copyright attorneys can also defend you against these allegations and/or work with the copyright holder to negotiate a mutually beneficial resolution.

What are the benefits of using a trademark attorney to apply for a Duncan, MS 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.

Duncan, MS Trademark Registration
What if someone posted my photo and removed my Duncan copyright information?

What if someone posted my photo and removed my Duncan 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.