Intellectual Property Considerations

Infringement happens. Don’t let it happen to you.

• Do you have a trademark or copyright to register?  
  • A trademark can be any symbol, such as word, name, catchphrase, and/or logo, which is used to identify your business or organization to the public.
  • A copyright protects original works of art that are expressed in a tangible medium. 
• Do you have to be using your trademark before you can register it?
  • Generally, yes. The exception being the USPTO will permit you to file an Intent to Use application.
• Do you have the right to use your possible trademarks?
  • You essentially have the right to use it unless you don’t.  You will not have the right to use your trademark if someone else has federally registered a confusingly similar trademark prior to your use.  Also, you will not have the right to use it if someone is already using confusingly similar trademark in your geographic area.

Trademark law is very nuanced, and every situation is unique.  Don’t spend resources developing a brand you cannot use. Have your brand ideas evaluated by an experienced attorney before you invest your time and money.