Intellectual property law is one of the most complex and difficult areas of legal practice. Even managing the different kinds of cases one might find in the copyright category vs. the patent category is enough to make most attorneys reconsider their specialty. Prosecuting a patent is far different from defending or registering copyright or a trademark.
Even with those things in mind, it is necessary for anyone thinking about retaining the services of an intellectual property attorney to understand the basics of their case, the most important functions an attorney can provide, and how to best utilize legal counsel to maximize the protection and value of the properties in question. Here are some things to consider.
Intellectual property attorneys like those at the David Page Law Firm will tell you patents are, without doubt, the most complex area of intellectual property law. Simply obtaining a patent can be a grueling months-long process that in almost every case can’t be completed without the assistance of an attorney. While it is possible to prepare a patent filing with minimal counsel, actually obtaining a patent requires completion of a specific set of tasks in a very particular order and manner.
If you are considering retaining a patent attorney, it is a good idea to make certain they have experience filing the kinds of patents you are pursuing, and that they have passed the Patent Bar. In other legal venues like international intellectual property law Israel, the requirements might be different. Arguing before the United States Patent and Trademark Office requires unique qualifications and your advocate should be capable of managing your application through the entire process.
Obtaining a registered trademark isn’t quite as complicated as getting a patent, but it does require a bit more work than basic copyright. If you plan to use your logo, slogan or other property as a trademark, it will be in your best interests to involve an attorney as early in the process as you can. You should make certain your attorney has experience filing trademarks of the type you seek. One of the key tasks an attorney can perform for you is something called a “trademark search” which is an important first step in the registration process. The reason it is important to do a search is that it will tell you if your mark or slogan is unique enough to qualify for protection.
Once the search is complete, your attorney will be able to help you prepare a trademark application, which again isn’t quite as complicated as a patent, but it does require certain elements filed in a certain order and manner. If your mark is a logo, for example, the Trademark Office will need a clear illustration. If it is a color logo and your colors are a part of your trademark, then the Trademark Office will need an example with the exact colors you plan to use referenced by an objective chart of standard print quality color codes. Some jurisdictions are different than others, like international intellectual property law Israel. This is true even if you are looking for international protection.
As soon as you obtain your trademark, you will have the option to mark it as a registered mark. Until that time, as long as you are using your mark in commerce, you have the option to claim your mark with the “TM” icon, which signifies it is your trademark and gives you some limited protections until you retain counsel and proceed with the registration process.
Retaining an IP Law Attorney, Israel
Retaining an intellectual property attorney from a firm like the David Page Law Firm is an important step in establishing ownership of vital assets for yourself or your business. Make certain your counsel is experienced and has acquired the kinds of protections you need.