Trademark Services in Fowler, IL

The benefits of filing a provisional patent application in Fowler

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."

Someone stole my brand, what can a Fowler trademark attorney do to help me?

If you discover that someone is using your brand without authorization, there are a number of steps you can take to protect your rights. While each situation is nuanced, typically the first step is to send a demand letter (also known as a cease-and-desist letter). The purpose of a demand letter is to alert an unauthorized user to your trademark rights and ask the unauthorized user to cease their infringement. A trademark attorney can help you craft a compelling letter, detailing all of the legal and factual bases for your demand.

Demand letters are the most cost effective and efficient way to resolve a trademark dispute. However, in some cases, the unauthorized user may ignore the letter or simply refuse to cease their unauthorized use of your trademark. In this instance, the next step is to consider whether to file a lawsuit. Because there are many factors to consider when deciding to file a lawsuit, such as cost and potential outcomes, it is important to speak with an experienced trademark attorney for guidance.

While trademarks are the subject of both federal and state law, federal law provides the main source of trademark protection. As a result, working with an attorney who specializes in trademark law is generally more beneficial than working with an attorney who practices in a certain state but who has less familiarity with trademarks.

Axenfeld Law Group, an intellectual property firm that specializes in trademark matters, is here to help you enforce your trademark rights. Robert Axenfeld is currently licensed to practice law in the Commonwealth of Pennsylvania and the District of Columbia, and regularly handles trademark matters before the U.S. Patent and Trademark Office (“USPTO”) and federal courts.

How do I protect a name?

You can protect your business or product name from being used or diluted by a competitor with a trademark. A trademark is an intellectual property right that gives you the right to exclude others from using your name in a confusingly similar manner. There are several ways to acquire a trademark, including through state agencies or simply through use in commerce, but the way to obtain the greatest amount of protection is to register your name with the U.S. Patent and Trademark Office (USPTO). A Fowler, IL trademark attorney can help you file a federal trademark application, and if granted, you will have the right to enforce your trademark throughout the entire United States. You will also have a legal presumption that you own the trademark. Anyone who sues to challenge your trademark will bear the burden of proving otherwise.

How do I protect my Fowler, 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 type of services does an intellectual property attorney in Fowler provide?

An intellectual property (“IP”) attorney isn’t just for filing patent applications. An IP attorney should be well-versed in trade secrets, trademarks, unfair business practices, and copyrights. Some of the key services Axenfeld Law provides include patent prosecution, trademark registration, copyright registration, litigation to enforce your intellectual property rights, and domain name disputes. Axenfeld Law can also work with your business to license or transfer your IP rights, whether as an individual transaction or as part of a larger deal, such as IP due diligence for mergers and acquisitions. This would include assessing your IP portfolio and determining the steps needed to protect your IP while maximizing its value.

Axenfeld Law has experience in representing Fowler, IL businesses and individuals before the U.S. Patent and Trademark Office (“USPTO”) involving both trademarks and patent matters. Additionally, Axenfeld Law’s litigation team is well versed in all areas of intellectual property law and can represent you in enforcing your rights against infringers or defend you when accused of infringement. IP law is a complex field with each sub-area of law containing its own nuances, therefore it is imperative to look to a team like Axenfeld Law that is familiar with the practical intricacies in order to maximize the value of your IP while minimizing the costs.