Patent Services in Mount Carmel, IL
What is a Cease-and-Desist Letter?
A cease-and-desist letter is typically the first step in protecting your Mount Carmel, IL trademark rights once you determine that a third party is using your mark without authorization. The purpose of a cease-and-desist letter is to alert an unauthorized user to your trademark rights and ask the unauthorized user to cease their infringement. It also typically puts the alleged infringer on notice that if they do not stop their unauthorized use, they may face further legal action, such as a lawsuit.
While this letter does not need to be prepared by an attorney, a trademark attorney can help you craft a compelling letter, detailing all of the legal and factual bases for your demand. Furthermore, an unauthorized user is more likely to respond favorably to a letter from an experienced attorney. When successful in getting the alleged infringer to cease their unauthorized use of a mark, demand letters are the most cost effective and efficient way to resolve a trademark dispute.
What does a Mount Carmel design patent protect?
Whereas a utility patent covers an invention itself including the way it functions or its mechanical structure, a design patent protects only the appearance and design of the object. Put differently, a utility patent protects the way an invention is used and how it works while a design patent protects how it looks. Design patents may be obtained only where the ornamental features of the invention predominate over its functional features. An invention that is primarily utilitarian in nature is generally not protectable by a design patent. A design patent affords the patent holder the right to prevent others from making, using, or selling a product that resembles the patented product closely enough that an “ordinary observer” might confuse the infringing product for the patented one.
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 Mount Carmel 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.
What type of services does an intellectual property attorney in Mount Carmel 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 Mount Carmel, 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.
What is Mount Carmel, 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 Mount Carmel, 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.
Trademark Search Services in Mount Carmel, IL
Trademark search services are an essential step in the trademark registration process, helping individuals and companies determine if their desired trademark is available for use and registration. A thorough trademark search can reveal any conflicting trademarks that could potentially prevent the registration of a new trademark. Axenfeld Law Group’s trademark search services include a review of existing trademarks in databases, as well as a search of common law usage, company names, and domain names. Based on your needs, we will research the relevant market for your goods/services, and are able to perform an international search as well. Utilizing Axenfeld Law Group’s trademark search service may avoid costly legal battles and disputes over trademark infringement. Axenfeld Law Group recommends all individuals and businesses conduct a comprehensive trademark search before applying for trademark registration to ensure the desired mark is available and to avoid wasting time and resources on an application that may be rejected or opposed.