Intellectual Property Legal Services

Safeguard your creative and business assets with expert intellectual property legal services. From copyrighting artistic works to trademarking your brand identity, we provide tailored guidance to protect your ideas and investments. Whether you’re navigating federal registrations or enforcing your rights, our team ensures your intellectual property remains secure. Trust us to handle the complexities of IP law so you can focus on innovation and growth.

Intellectual Property is the broad term given to creations of the mind, like books, art, music, inventions, and business names and logos. These creations are protected by the law through either patents, copyrights, trademarks, or trade secrets.

Intellectual property is a critical component in the success of any business. Without intellectual property protection individuals and business owners would not be able to reap the full benefits of their investments. Artists would not be fully compensated for their creations without the protection copyright affords. Likewise, business owners would not be inclined to invest in development or research if they could not utilize trademark rights to secure their reputation and protect against counterfeiting and fraud.

An Intellectual Property Attorney Can Help To:

Provide important legal advice about the strength of your trademark

Conduct a clearance search before filing an application to ensure there are no exisiting marks that would preclude you from securing a registration

Prepare your application accurately

Respond to legal correspondence from the United States Patent and Trademark Office (USPTO)

Enforce and maintain your trademark rights

Represent you in front of the Trademark Trail and Appeal Board if necessary

Shield you from fraudulent solicitations

While hiring a trademark attorney costs more than filing alone, it may end up saving you money in the long run as an attorney will know how to advise you on your trademark’s registrability, prepare your application, and respond to the USPTO on various issues that could arise during the process.

Mary Grace

Gatewood

Shareholder

email: mgatewood@clarkpartington.com

phone: 850.650.3304

office: Destin

areas of practice:

Intellectual Property, Trademarks, Business Litigation, Real Estate Litigation

Frequently Asked Questions (FAQ)

What is copyright?

A copyright protects works of authorship. Books, photographs, paintings, songs, plays, graphic designs, websites, and even certain source code for computer programs can receive copyright protection. Unlike a trademark, an image need not be associated with a good or service to receive protection. A copyright will not protect concepts or ideas, but rather how those concepts or ideas are expressed in a fixed medium. In order to enforce your rights and pursue an action for copyright infringement, you must have a federal copyright registration for your work.

What is trademark law?

A trademark is a word, name, image, symbol, or device (or any combination thereof) that is used to identify and distinguish the goods or services you, or your business, provide in the marketplace. The most common trademarks are business names (Apple, Nike, Starbucks) product names (M&Ms, iPad, Big Mac) and slogans (“Just Do It,” “I’m Lovin’ It”). Some famous image/logo trademarks include the Nike swoosh, the McDonald’s golden arches, and the Starbuck’s mermaid. It is even possible to trademark certain sounds and scents. A trademark can identify the origin of your goods and services, establish the reputation of your goods and services, and assist in protecting your goods or services from counterfeiting and fraud. Trademark registration is not the proper method of protecting images or names not associated with the provision of goods or services. In fact, when submitting an application for federal trademark registration, the United Stated Patent and Trademark Office (USPTO) requires the applicant to submit proof of the mark in use in conjunction with specific goods or services identified in the application. Further, the scope of protection afforded to a registered trademark will often be limited to those goods or services it is used in conjunction with. As a result, it’s possible for two very similar trademarks to exist if the goods or services they are associated with are dissimilar. One example is Dove soap and Dove chocolate.

Nearly anything can be a trademark if it indicates the source of your goods or services. Names, slogans, designs, pictures, or any combination of these can be trademarks. Trademarks can even be a sound, scent, or color. Some registered trademarks you would recognize include business names like Ford, Dominos, or Google. Recognizable design marks include the Target bulls-eye, the McDonald’s golden arches, the Coca-Cola font, and the Mercedes Benz logo.

What is common law trademark?

Three options exists for protecting your trademark:
(1) common law trademark, (2) state registration, and (3) federal registration.

The three options vary with respect to cost and the level of protection your trademark receives. Common law protection offers the lowest level of protection but also has no upfront costs. Alternatively, federal registration offers the most protection at the greatest financial expense. Common law trademark rights are rights that exist automatically as a result of using your trademark in commerce. Neither federal nor state registration is required to obtain common law trademark protection. A significant plus of common law trademark protection is that it costs nothing since it exists automatically from the date the mark is first used in connection with your business. However, the protection received by common law trademark rights is limited. Common law trademarks are enforceable only within the geographic region or locale where the trademark owner has been using the mark in business. These rights exist from the date the trademark is first used in commerce. The owner of a common law trademark may be able to enforce their rights in state court, but the owner will be required to prove: (1) that the mark is valid and entitled to protection, (and used in commerce in the subject geographic area.

In contrast, if a trademark is registered, its validity is presumed and it is protected throughout the entire state or country, depending upon where the mark is registered. For that reason, federal registration is highly recommended to provide the strongest protection for your trademark and brand.

How long does IP last?

How long intellectual property lasts depends on when it was created, who created it, and whether it was registered or not. Federal copyright registrations last for the life of the author who created the work, plus an addition 70 years. Trademark rights will last as long as the trademark is being used in commerce in connection with the goods or services. Federal trademark registrations must be renewed after ten (10) years.

When should you trademark a logo?

The best time to file for a trademark registration depends on your particular circumstances. However, it’s typically best to register as early as possible. You should even consider the registrability of your trademark when you’re forming your business entity and selecting a business name and logo.

Intellectual Property Legal Services