Trademarks are important to protect your brand identity. Your business name, products, or services, need to be protected by trademark & copyright attorneys to keep competitors from imitating you. Trademarks are also necessary to build profit in your business through licensing.

The Wright Firm helps clients with their intellectual property property needs by helping them to register their trademark or copyright, draft  Licensing Agreements, and help protect trade secrets.  To learn more about our Trademark and intellectual property services, click here

Intellectual Property Law

Intellectual property law is complex and ever changing in our fast-moving age of new technologies and increased global connectivity. With the undeniable need to have a strong online presence, brands are now increasingly exposed to having their intellectual property compromised.

Shahara has expertise in helping her clients protect, nurture and profitably commercialize their in-house intellectual property assets both home and abroad.  Shahara works with founders and business leaders with respect to trademarks, copyrights, licensing, confidential information, and trade secrets essential to your company’s operational future and viability.

Trademark Services Include:

  • Trademark Clearance Searches
  • Trademark Application Preparation
  • Trademark Application Preparation
  • Office Action Responses
  • Trademark Monitoring
  • Trademark Change of Ownership
  • Trademark Portfolio Management
  • Trademark Renewal Filings

Copyright Services Include:

  • Copyright Registration
  • Digital Millennium Copyright Act (DMCA) Take-Down Requests
  • Digital Millennium Copyright Act (DMCA) Defense
  • Digital Millennium Copyright Act (DMCA) Compliance

Once you have your trademark or copyright registered, it is important to consider how to leverage those assets to increase profitability.  A licensing agreement is the best way to leverage your intellectual property, by allowing others access for a fee.  

Licensing legally protected Intellectual Property can provide strategic and marketing benefits to your business.  This can open up doors to Co-branding opportunities, partnerships, and increases in brand awareness.   Use your registered trademarks and copyrights to build marketing visibility, enhance your brand image and exposure.  Licensing for small businesses is a much neglected area that can generate significant additional revenue and profits.

For more information on Trademarks and how you can leverage intellectual property to increase profits read the following Blog and Articles:

Intellectual Property Law FAQs

A trademark is a word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It is a type of intellectual property that gives you the exclusive right to use a word, phrase, symbol, or design in connection with your goods or services.

Trademarks work by preventing others from using a similar mark that is likely to cause confusion among consumers. For example, if you have a trademark for the word “Acme” for computers, you could prevent another company from using the word “Acme” for a line of smartphones.

A trademark may have various characteristics:

  • Arbitrary and fanciful trademarks: These are marks that have no inherent meaning in relation to the goods or services they identify. For example, the Apple logo is an arbitrary trademark.
  • Suggestive trademarks: These are marks that suggest something about the goods or services they identify. For example, the word “Nike” suggests speed and movement.
  • Descriptive trademarks: These are marks that describe the goods or services they identify. For example, the word “Computer” is a descriptive trademark.

Trademarks can be registered with the State or the United States Patent and Trademark Office (USPTO). Registration gives you a number of advantages, including:

  • The exclusive right to use the mark in connection with your goods or services
  • The ability to sue others who use a similar mark that is likely to cause confusion
  • The ability to register the mark in other countries

If you are considering registering a trademark, book a consultation with me to help you determine whether your mark is eligible for registration and how to file the necessary paperwork.

No, trademarks and copyrights are not the same. They are two different types of intellectual property that protect different types of creative works.

  • A trademark is a word, phrase, symbol, design, or a combination of these things that identifies the source of goods or services. It is used to prevent others from using a similar mark that is likely to cause confusion among consumers.
  • A copyright is a legal right that protects original works of authorship, such as books, music, movies, software, and websites. It gives the copyright owner the exclusive right to reproduce, distribute, perform, display, and create derivative works from the copyrighted work.

Here is a table that summarizes the key differences between trademarks and copyrights:

CharacteristicTrademarkCopyright
What it protectsWords, phrases, symbols, designs, or a combination of these things that identify the source of goods or servicesOriginal works of authorship, such as books, music, movies, software, and websites
How it is obtainedUse in commerceCreation of the work
Duration of protectionBetween the fifth and sixth years after the U.S. registration date.Between the ninth and 10th years after the U.S. registration date.Every 10 years after thatThe life of the author plus 70 years
What it does not protectFunctional features of a productIdeas, concepts, or procedures

In the United States, trademarks do not expire after a set period of time. They can last indefinitely, as long as the owner continues to use the trademark in commerce and renews it every 10 years.

The trademark must be renewed between the 5th and 6th year after the initial U.S. Registration, then renewed again between the 9th and 10th  year after the registration date. This application must include a fee and a declaration that the trademark is still being used in commerce. The trademark will be renewed for another 10 years if the application is accepted.

This process can be repeated indefinitely, as long as the owner continues to use the trademark in commerce and renews it every 10 years.

Why are trademarks important?

Trademarks are important for a number of reasons, including:

  • Preventing consumer confusion: A trademark helps to prevent consumers from being confused about the source of goods or services. This is important because consumers want to be sure that they are getting the products or services they expect when they buy from a particular company.
  • Building brand awareness: A trademark can help to build brand awareness by creating a unique and memorable identity for your business. This can lead to increased sales and profits.
  • Protecting your intellectual property: A trademark can help to protect your intellectual property by preventing others from using your mark without your permission. This can be important if you have invested time and money in developing your brand.
  • Gaining market share: A strong trademark can help you to gain market share by making it more difficult for competitors to enter your market.
  • Valuing your business: A strong trademark can add value to your business by making it more attractive to potential buyers.

In short, trademarks are important for businesses of all sizes because they can help to protect your brand, increase your sales, and boost your profits.

Copyrights are important for a number of reasons, including:

  • Protecting the creative works of authors and artists: Copyrights protect the original works of authorship, such as books, music, movies, software, and websites. This means that the copyright owner has the exclusive right to reproduce, distribute, perform, display, and create derivative works from the copyrighted work.
  • Encouraging creativity: Copyrights provide an incentive for authors and artists to create new works. This is because they know that their work will be protected and that they will be able to benefit financially from it.
  • Promoting the public domain: Copyrights only last for a limited time. After the copyright expires, the work enters the public domain, which means that anyone can use it without permission. This allows for the free flow of ideas and information, which is essential for a healthy society.
  • Protecting consumers: Copyrights help to protect consumers from being misled about the source of goods or services. This is because the copyright owner has the exclusive right to use the copyrighted work in connection with their goods or services.

In short, copyrights, along with the expertise of copyright attorneys, are essential for a variety of reasons. They protect the creative works of authors and artists, encourage creativity, promote the public domain, and protect consumers.

Choosing a strong trademark is important for any business. A strong trademark will help your business stand out from the competition and protect your brand from infringement.

Here are some tips for choosing a strong trademark:

  • Make sure it is distinctive: A distinctive trademark is one that is unique and memorable. It should be something that people will easily remember and associate with your business.
  • Make sure it is not descriptive: A descriptive trademark is one that describes the goods or services that your business offers. These types of trademarks are often difficult to register and protect.
  • Make sure it is not generic: A generic trademark is a word or phrase that is commonly used to describe a particular type of good or service. These types of trademarks are also difficult to register and protect.
  • Make sure it is available: Before you choose a trademark, you should check to make sure that it is available. You can do this by searching the United States Patent and Trademark Office (USPTO) database.

Once you have chosen a trademark, you should register it with the USPTO. This will help to protect your trademark from infringement.

Intellectual property (IP) is a valuable asset for businesses of all sizes. It can include things like patents, trademarks, copyrights, and trade secrets. When you work with third parties, it’s important to take steps to protect your IP.

Here are some tips for protecting your IP when working with third parties:

  • Enter into a non-disclosure agreement (NDA): An NDA is a legally binding contract that protects confidential information. It is important to have all third parties sign an NDA before they have access to your IP.
  • Use clear and concise language: When you are communicating with third parties about your IP, it is important to use clear and concise language. This will help to avoid any misunderstandings about what is considered confidential information.
  • Mark your IP as confidential: If you have any documents or other materials that contain confidential IP, be sure to mark them as such. This will help to remind third parties that they should not share this information with others.
  • Be careful about what you share: When you are working with third parties, it is important to be careful about what you share. Only share information that is absolutely necessary for them to do their job.
  • Monitor your IP: It is important to monitor your IP to make sure that it is not being used without your permission. You can do this by conducting regular searches for your IP online.

By following these tips, you can help to protect your IP when working with third parties.