Notes On Patent And Trademark Attorney

By Edward Roberts


Trademark refers to a unique identification of a business in the form of a word, symbol, logo and also a color combination. A trademark usually grants the holder rights to using, producing and earning profits, from the mark. Types of trademarks include the color mark which protects a business using a certain combination of colors for its business, word mark, which protects a business with a specific word use in its business, a sound mark, this allows a business the sole right to use a specific sound or music for its business and a descriptive mark that allows a business to solely use certain descriptive words for its product among other marks. This piece will provide an in-depth analysis of Patent and trademark attorney.

There are various types of trademarks, such as the service mark which are used by companies to distinguish what they are offering, in terms of services, from what other firms are offering that is products, word marks allows a client to protect the name his or her business is titled from being copied by other businesses, color mark offers protection on a combination of colors used by a client and in other cases a client can use a trade dress which allows the client alone the right to package its products or services in a unique pattern or way.

Copyright on the other hand is a license grant by the government that gives the holder the right to sell, manufacture and design a certain product for a specific period. They are usually of two types. The first type is called design, which is cheaper and easy to obtain since it takes around two years to obtain, it provides protection to the ornamental feature of an invention and not the functionality of it and can only offer protection to one product and not its variations, due to this the design patent is less common as compared to the utility patent type.

Patents are typically of only two types, the utility form and the design form. Utility form offer broad protection including protecting the functionality features of the product, it is a bit expensive as compared to design patent and it takes a length of at least three years to obtain, despite the above discouraging factors, it is well known to be more efficient as compared to design type.

The rights under discussion increase the profit margin of a business reduce completion since patents act as a barrier of entry for competitors and provide the holder with rights to the invention and product, allowing him or her to earn from it, design the product as it suits him or her and also use the invention under the patent protection.

Trademarks are important since it allows the consumers identify their favorite type of product or service, it also provides sole ownership and legal rights to the label logo, word, symbol etc. And allow its holder to produce and profit from the mark.

A hired lawyer helps the client choose the right type of protection for his or her business, the attorney also ensures that the chosen patent or trademark is unique from the others out there, he or she also ensures that the client patent and trademark is not being used by other business without the client permission and ensures that the clients applications have been made before the due date.

Hiring an experienced lawyer is beneficial since they offer legal and technical advice that is useful during the protection process, since the lawyer has more experience on their field, they are effective in responding to denials in labeling and patent registration and they also ensure that the client label is unique and has not been used by any other business risking infringement claims.




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