Patent Services in Martin Lake, MN

Patent Services in Martin Lake, MN

Types of Trademarks

An attorney at Axenfeld Law Group can assess your potential Martin Lake MN 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.

Types of Trademarks in Martin Lake, MN

How do I protect an invention in Martin Lake, MN?

Inventions can be protected by patents. Patents are a form of intellectual property right that give a patent owner the exclusive right to make, use, or sell an invention for a specific period of time. A patent owner has the right to sue someone for patent infringement who is making, using, or selling their invention without their. In order to obtain a patent in the United States, you must file a patent application with the U.S. Patent and Trademark office (USPTO), disclosing enough information about your invention to satisfy the USPTO that your invention has some useful purpose, is novel, and is not obvious to ordinarily-skilled people in your field. U.S. patents can last for up to 20 years, after which your intellectual property rights expire, but unlike with trade secrets, Martin Lake, MN patent owners do not have to maintain the confidentiality of their invention.

How do I protect an invention in Martin Lake, MN?

Five different types of Utility Patents in Martin Lake, MN

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.

Five different types of Utility Patents in Martin Lake, MN

Someone stole my brand, what can a Martin Lake 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.

Someone stole my brand, what can a Martin Lake trademark attorney do to help me?
Registered Martin Lake, MN Patent Attorney

What is a registered Martin Lake, MN 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.

Martin Lake Copyright Infringement

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