Trademark Services in Reed Creek, GA

The benefits of filing a provisional patent application in Reed Creek

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."

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

What is Reed Creek, GA 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 Reed Creek, GA 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.

What does a Reed Creek 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 should you look for when hiring a Reed Creek, GA trademark attorney?

An experienced Reed Creek, GA trademark attorney can help you navigate the best way to register, maintain, and protect your trademark. Whether you are considering trademark registration, defending against accusations of trademark infringement, or enforcing your rights against trademark infringers, choose a trademark attorney who is familiar with all areas of intellectual property law. An attorney who can advise you not only on trademark matters but also trade secret law, patent law, unfair business practices, and copyright law will help ensure you are protected on all sides.

Finally, ask if the attorney has experience handling cases for the types of goods and/or services covered by your trademark. You will feel at ease knowing your attorney is familiar with the nuances of your industry.

What if someone posted my photo and removed my Reed Creek 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.