Patent Services in Philadelphia County

How do I protect an invention in Philadelphia County?

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, Philadelphia County patent owners do not have to maintain the confidentiality of their invention.

What is a Cease-and-Desist Letter?

A cease-and-desist letter is typically the first step in protecting your Philadelphia County 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.

Trademark Search Services in Philadelphia County

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.

Types of Trademarks

An attorney at Axenfeld Law Group can assess your potential Philadelphia County 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.