You may have encountered an unregistered trademark with a ™ positioned next to a logo, name, symbol, phrase, design or image that is displayed on the goods currently for sale. A trademark that is not yet being used can be protected by filing a Federal Trademark Registration Application. Usage of a ® is an indication that the trademark is Federally Registered, entitling the owner to Federal rights and remedies not available in any state court. Here are a sampling of trademark registrations we have secured: ProMow® mowers, Telesleeve® dynamic concrete forms, ChangXing logo® toys, and Wever's Smoke Eaters BBQ Sauce® barbeque sauce.
Servicemarks are to services what trademarks are to goods. Prior to becoming Federally Registered, a "SM" should be placed in advertisements for the services. If the services are being offered across state lines, such as via internet website advertising, a Federal Servicemark Registration Application should be filed. Infringement of a registered mark typically occurs when a competitor creates confusion in the marketplace by selling similar goods or services with a similar trademark or servicemark to a shared group of buyers. Here are a sampling of servicemark registrations we have secured: BeniComp® insurance services, Storage Express® temporary storage services.
To protect a trade secret, the information owner must take certain steps defined here before the secrets are misappropriated, or the secret information may be incapable of being protected as a "trade secret". Any information, such as customer lists, formulas, manufacturing techniques, etc. may be protected as a trade secret. Let us help you develop a strategy to identify and protect the secrets that provide a commercial edge for your business.
A copyright registration can be obtained by forwarding an appropriate form, copies of the work and a small fee to the Copyright Office, which is a department of the Library of Congress. Copyright only protects the expression of an idea, but does not protect the underlying idea. For instance, one can copyright source code for a computer application, but there certainly exists different non-infringing source codes that perform the same software task. Confusion can occur because ownership of a copyrightable work vests initially in the author, which may be an employer or an independent contractor artist.