Although intellectual property may not be a physical item, it can still be protected through the proper means. Individuals who want to protect this property should acquire the help of an intellectual property attorney to determine which form of protection best fits their situation. Your ideas can be protected and they should be. You do not want someone benefiting from something you have made without your permission. By going through the process of getting a trademark, you may be able to protect your property. Trademarks are often use by businesses as well as individuals. When some creation is vital to a business’ success or their individual company, it can be beneficial to protect that creation through property rights.
To claim your intellectual property as a trademark, you will have to complete steps before it is protected. A trademark can be an important part of a company’s mission. Some companies have specific logos or items they provide that are protected through trademark laws to show that they are not to be used by the general public or other companies. Make sure your property is eligible for a trademark before you begin the process. You can contact legal counsel and run your concept by them and see if it is a good fit. Then you can proceed with the rest of the process when it is cleared that your product or idea is unique and not otherwise taken by another trademarked item. A trademark application should be filled out by the individual and filed with the United States Patent and Trademark Office, who will examine your trademark. They will scrutinize your application to provide a final approval or disapproval. Sometimes you may be requested to make some changes to the application if it conflicts with another item. Other times, your trademark may pass without a problem. If there is an issue with your trademark, you have six months to provide a response to the office.
Is a publication for opposition involved?
Once your trademark is approved by the U.S. Patent and Trademark Office, it will be published in the official gazette to provide others with the opportunity to review it. Other people can read the contents of the trademark to ensure that it is not taken by them or someone else. Any opposition can be claimed at this point. Whoever opposes it has 30 days to speak up about their opposition. The process may extend to 90 days if negotiation is occurring at this time.
Stone Crosby, P.C. has proudly served clients in Alabama for over 100 years. Our firm has experience handling matters including divorce and family law, estate planning and administration, business law, employment law, class actions, consumer protection, business law, real estate law, among many others. If you require quality legal representation, contact our firm today to schedule a consultation.