Intellectual Property
Lagerlof, LLP’s Intellectual Property team is dedicated to protecting the ideas, innovations and goodwill of our clients so they can realize the most value from their intellectual property (IP) assets.
Lagerlof, LLP’s Intellectual Property team is dedicated to protecting the ideas, innovations and goodwill of our clients so they can realize the most value from their intellectual property (IP) assets.
Our attorney’s experience with trademarks and copyright has helped establish businesses, tech start-ups, and artists distinguish and protect their goods, services, and creative works in an ever challenging and saturated marketplace. We have experience dealing with the United States Patent and Trademark Office to overcome the hurdles encountered in obtaining trademark registrations and the obstacles that come with maintaining a trademark, including oppositions, cancellations, and other proceedings before the Trademark Trial and Appeal Board (TTAB). We offer strategic experience, effective representation, and remain client-focused.
Our areas of expertise are as follows:
- Obtaining and maintaining trademark and copyright registrations
- Prosecuting and defending against trademark opposition and cancellation proceedings before the TTAB
- Advise on developments in IP law and protection strategies
- Acquisition, sale and licensing of IP
FAQ
Most frequent questions and answers
Intellectual property law protects creations of the mind, including inventions, brands, creative works, trade secrets, and designs. The four primary types of IP protection are patents, trademarks, copyrights, and trade secrets.
- Copyright: Protects original creative works such as books, music, videos, software, and artwork.
- Trademark: Protects brand names, logos, slogans, and other identifiers of goods or services.
- Patent: Protects inventions, processes, machines, and certain designs.
- Trade Secret: Protects confidential business information that provides a competitive advantage.
You typically start by searching existing trademarks to determine availability. If the name is available, you can file an application with the relevant trademark office, such as the United States Patent and Trademark Office in the United States. Registration provides stronger legal rights and nationwide protection.
Costs vary by jurisdiction and filing class. In the United States, government filing fees are generally charged per class of goods or services, and attorney fees may be additional. Total costs often range from a few hundred to several thousand dollars depending on complexity.
No. Copyright protects the expression of an idea, not the idea itself. For example, you cannot copyright the concept of a story, but you can copyright the written manuscript.
In the United States, copyright generally lasts for the life of the author plus 70 years. Different rules may apply for works made for hire, anonymous works, and works created by businesses.
A patent may be available for inventions that are:
- New (novel)
- Useful
- Non-obvious
Examples include mechanical devices, software-related inventions in certain circumstances, medical technologies, manufacturing processes, and consumer products.
Fair use is a legal doctrine that allows limited use of copyrighted material without permission under certain circumstances, such as:
- Commentary
- Criticism
- News reporting
- Teaching
- Scholarship
- Research
Fair use is determined case-by-case based on several factors, including purpose, amount used, and market impact.
Common steps include:
- Gathering evidence of infringement.
- Confirming ownership and registration status.
- Sending a cease-and-desist letter.
- Negotiating a resolution.
- Filing a lawsuit if necessary.
The best approach depends on the value of the IP and the nature of the infringement.
This is one of the fastest-growing areas of IP law. In the United States, works created entirely by artificial intelligence generally are not eligible for copyright protection. However, content involving significant human creativity, selection, editing, or arrangement may qualify for copyright protection in the human-created portions.
Intellectual Property Highlights
