Why should I federally register
my business name or Logo as a trademark?
A trademark identifies your product or service
to the consumers. A trademark brands your product or service (i.e.
McDonalds ). a DBA or a State Incorporation does not clear your
name federally. Your name could still be infringing a Federally
Registered Trademark. You do not want to get in business, build
equity, and then have to change your name.
Why should I use an Attorney to Register
Even though you can fill in your name online,
there are specific laws that need to be considered prior to registering
your name. These laws are important because they can prevent you
from obtaining your mark. Just because your mark is not on the PTO
website does not mean it is registerable.
Why should I monitor my federally registered
Monitoring your mark prevents costly litigation
later. It’s less expensive to monitor your mark through the
PTO then to go to Federal court.
When do I need a copyright assignment agreement?
Even though you pay for the services for example
an artist to create your business LOGO, you do not own the copyright
to the LOGO. Thus, when you hire an independent contractor it is
best to use a copyright assignment agreement.
Why choose Patent Protection?
It is the strongest IP protection available.
You should choose Patent Protection over Trade Secret if the public
can decipher your invention once placed on the market. Patent Law
gives you a period where you can exclusively market your invention.
Patent Protection should be chosen when the invention has a long
commercial life. Additionally, trade secret protection is predominately
State Law. Patent Law is Federal Law and Federal Law preempts State
Why is Patent Protection expensive?
The Patent and Trademark Office has established
the cost to prosecute a Patent. developing a Patent is an involved
process that takes as least 30 hours to prepare in the initial stages.
Additional charges can occur once the Patent Application has been
submitted to the Patent and Trademark Office.
How do you Protect Computer Software?
- Patents – protects
the underlying conceptual design of the software system; However
the design is disclosed to the public
- Trademarks – protect
others from unauthorized use of a symbol that identifies your
- Copyrights – protect
others from copying the actual code;
- Trade Secrets
– protect others from unauthorized
use and disclosure of confidential software product designs and
code; The software is kept confidential.