Intellectual Property Law Services in Pershing, OK
Types of Trademarks
An attorney at Axenfeld Law Group can assess your potential Pershing OK 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 is Pershing, OK 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 Pershing, OK 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.
Five different types of Utility Patents in Pershing, OK
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.
What does a Pershing 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.
What is a registered Pershing, OK 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.
What are the benefits of hiring a Pershing trademark attorney to protect your brand or name?
Trademark attorneys specialize in all areas of trademark law, including registration at the USPTO, counseling, and enforcement. Because there are many nuances in trademark law, having an experienced attorney guide you will help avoid potential complications, especially during the registration process. For example, a Pershing trademark attorney will know which forms to file with the USPTO, which classes of goods and/or services to apply in, and how to describe these goods and/or services. An attorney will not only be able to help you accurately prepare your application, but will also be able to respond to the USPTO if the examiner finds any issues with the application.
