Patent Services in West Branch, IA

Does copyright law protect my photos posted on social media?

U.S. copyright law protects creative works, and photos posted on social media are no exception. The Copyright Act protects photos posted to websites such as Instagram, Twitter, and Facebook, but only if the images meet the minimum creativity requirements, are original, and are fixed in a tangible means of expression. When a photographer captures a photograph, they make creative decisions as to the subject matter, lighting, exposure, focus, etc., which typically satisfies both the creativity and originality requirements. Photographs taken with a phone or digital camera meet the fixation requirement when it is recorded or stored in a format that can be preserved and retrieved for future use, display, reproduction, or other commercial exploitation.

What does a West Branch 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.

Trademark Search Services in West Branch, IA

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.

West Branch, IA Trademark Trends

Recent trademark registration trends have seen an increase in the number of trademark applications filed, especially in the areas of technology (Artificial Intelligence (AI), blockchain, and NFTs), entertainment, and fashion. Additionally, there has been a rise in the use of trademark protection for colors, sounds and scent marks, as well as in the registration of trademarks for cannabis-related goods and services. Furthermore, with the growth of e-commerce and the increasing use of social media for business purposes, there has been a rise in the number of trademarks being filed for logos, taglines, and hashtags. However, there has also been an increase in the number of rejections and objections being raised during the trademark examination process, particularly for marks that are deemed descriptive or generic.

Someone stole my brand, what can a West Branch 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.