Intellectual Property, Trademarks & Copyrights

Online Form and Instructions

Intellectual property is a very specialized area of law. The three types of intellectual property are: Patent Law, Trademark Law and Copyright Law. Patents and trademarks are handled by the United States Patent and Trademark Office. Copyright Law is governed through the Library of Congress.

If you have a trademark or service mark that you wish to protect, then I would be happy to assist you in obtaining that federal protection for that mark. The first step in obtaining a trademark or service mark is to do a search of the USPTO records to determine if your inquiry has already been established. The USPTO is an agency of first come first serve. The first person to establish their mark on the USPTO registry is entitled to use it for an indefinite period of time as long as the mark is renewed on a regular basis and is regularly used in trade or commerce. Trademarks are such things as the golden arches at McDonalds or the Colonel's face at Kentucky Fried Chicken.

Service marks are identical to trademarks except they are for companies that operate in service industries, such as Jiffy Lube or AOL. Additionally, trade dress is also a protected issue by the USPTO. Trade dress is the type of layout a particular establishment may have. For instance, if I put a blindfold on you and brought you into a Target Store, when the blindfold came off inside the store, would you recognize what store you were in? Of course you would, because of the red colors and the layout of the store. If WalMart tried to lay their stores out in a similar color scheme, they certainly would be sued for trade dress infringement. All of these things can be discussed with you during your consultation. My office is within 15 minutes of the USPTO and I am very experienced in conducting the searches and then ultimately prosecuting your trademark application regardless of where you may live. I have clients across the nation who I have successfully obtained trademark status for and I look forward to assisting you with your project.

Copyrights are protections of literal works, such as books, music or Internet web sites. Generally a copyright lasts for the life of the author plus 70 years. If you have a book, publication, musical computation, or Internet web site that you wish to protect from the unauthorized copying by a third party, then I invite you to fill out the response form and contact me as soon as possible. My office is within 25 minutes of the Library of Congress, and I can assure you that you application will be treated with the utmost confidentiality and expediency that many of my clients have experienced. Like trademark law, I can handle your copyright application regardless of where you live. Please fill the questionnaire (link below) out and allow me to start working on your behalf.

Litigation may also arise out of the protections of trademarks or copyrights. You may be the current owner of a trademark or copyright and someone is infringing (using) your work for their own gain without your permission. Or alternatively, someone may have a mark that you believe is generic or not commonly used in commerce. In those instances, an action can be filed in federal court to either stop someone from using your work or to try to divest someone of their previously registered protections. I will be happy to discuss these issues with you and determine if Washington, DC or Northern Virginia is the appropriate jurisdiction to bring such an action. If it is not, I will refer you to an attorney in your area appropriate for such an action.

Patents are federal protections against inventions. Inventions can be mechanical, chemical or intellectual. Such things as pharmaceuticals or software or things more common such as automobile components may require protections with a patent. A patent has a short duration, usually 20 years. However, during the 20 years, no other company may copy or duplicate your invention without your express license. If you have a patent inquiry, I will refer you to a colleague of mine who is licensed as a patent attorney for further information.

CLICK TO BEGIN THE INTELLECTUAL PROPERTY, TRADEMARKS & COPYRIGHT QUESTIONNAIRE OR Click HERE to fill out the "General Response Form" and I will contact you about your case.

INSTRUCTIONS:  This form spans 1 page, required fields are marked with an (R).  At the end of the form you will have the opportunity to review and edit all of the information you provided on the form.  While working on the form, you may go back to previous pages by using the back button at the bottom of the form, however answers on the page you are currently working on when you click the back button will NOT be saved and you will need to re-enter the information, therefore I highly recommend that you complete the entire form, then review and edit your answers.  You may NOT stop part way through the form and come back to it later as your information will NOT be saved for you.  Should you click any links on the form page, the linked page will open in a new window.  Simply close that window to return to the form where you left off.  Clicking a link from the form will not cause your information to be deleted.

You will have the opportunity to schedule an appointment with me for a real-time Internet chat or phone call to discuss your case after you have completed the form.

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