FAQ

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 my Mark?
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 Mark?
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 Law.

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 software product;
  • 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.