Trademark Registration
Trademarks and trademark protection have
never been more important than today.
Companies, large and small, seek to use
symbols and logos that consumers can
associate with their goods and services in
order to create a market for themselves. A
strategic trademark program is as crucial in
a company-wide intellectual property
program, where registered trademarks will
add to the company’s intellectual property
assets, as well as develop trust and
confidence in the company through wide
recognition of its marks and branding of its
products and services. Without trademark
protection, competitors might employ
confusingly similar trademarks thereby
usurping market share or good will or
injuring a company’s consumers by selling an
unsafe, counterfeit product.
Kaminsky, Thomas, Wharton & Lovette provides
trademark services including trademark
research, counseling about the selection and
protection of trademarks, service marks, and
trade dress protection, as well as
infringement analysis, formal legal
opinions, and filing and prosecution of
state and national trademark applications.
Copyright Registration
Copyright protects the ‘expression’ of a
work of authorship or art and it is one of
the least expensive forms of intellectual
property protection available.
There are three basic requirements for
establishing copyright protection of a work:
1) It must be copyrightable subject matter;
2) fixed in a tangible medium; and
3) be an original work of authorship.
Copyright protection arises automatically
upon creation of the work. There is no
procedure or requirement to file or apply
for the basic protection to attach to the
work. However, in order to enforce your
rights effectively a federal copyright
registration is required. In addition, there
are significant benefits obtained by
registering the copyright with the Copyright
Office, especially if done within three (3)
months of the first date of publication
and/or distribution. Our firm can assist you
in obtaining the Copyright necessary for
your work.
Please Note: It is good practice to include
a copyright notice on all works that are
copyrightable, such as “©” or “Copyright”
and the year and name of the copyright
owner; such as “Copyright 2005, Kaminsky,
Thomas, Wharton & Lovette, all rights
reserved”. Such notice prevents infringers
or copiers from claiming innocent
infringement and may enhance damages.
Patent Law
Recognizing and protection a company’s
patent rights reduces its risk of losing
control over its core technology, and allows
the company to operate from a position of
strength in licensing and settlement
negotiations. Kaminsky, Thomas, Wharton &
Lovette counsels clients in all aspects of
patent law, including patent research,
patent acquisition and patent licensing.
Types of patents and patent applications:
- Utility Patents protect the utility or
functionality of an invention.
- Provisional Applications for Patent
are an optional, temporary step towards
the preparation and filing of a utility
patent application.
- Design Patents protect the ornamental
shape or external design of an article of
manufacture.
- Plant Patents protect certain types of
plants.
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