Businesses have increasingly realized that the value of their business resides in their intellectual property rights and particularly in their trademarks or service marks. These translate into the “good will” which keeps the customers coming back. In addition, Trademark registrations have become essential to the actual protection of profits from a growing cadre of infringers who find it easier to divert your business than to develop their own. Mirowski & Associates provides: (1) Federal Registrations (USPTO), State Registrations (all States) and International Registration (WIPO “Madrid Protocol”), (2) Advice regarding protecting trademarks from infringement and dilution and (3) Trademark Litigation (Prosecution and Defense) in the Courts and in front of the Trademark Trial and Appeal Board (TTAB).

• WHAT IS “INTELLECTUAL PROPERTY”?
• HOW DOES ONE PROTECT INTELLECTUAL PROPERTY?

WHAT IS “INTELLECTUAL PROPERTY”

“Intellectual Property” are products “of the mind.” The owner of intellectual property owns rights in these products the same as the owner of any other type of property has ownership rights. To reap the benefit of their investment of time and resources, the owner of intellectual property must know and use the tools of our legal system to protect and defend what is rightfully theirs. The first step down this road is for the decision makers to learn the basics of the playing field so that they start protecting their rights.

The mechanisms and types of protection to use are not always obvious. It requires an analysis of the product and the various circumstances in which it is used, licensed or sold. No one legal device protects all aspects of a product under all circumstances. Because of this, key personnel in a company should have sufficient knowledge of the basic legal tools available so that they can identify a problem before it goes ballistic.

The basic legal tools of Intellectual Property protections are: Trademarks, Copyrights, Patents and Trade Secret Law and the too often ignored backbone of business, Contracts. 

HOW DOES ONE PROTECT ONE’S INTELLECTUAL PROPERTY?

The most often used mechanisms of obtaining protection for intellectual property are: 1) TECHNOLOGICAL; 2) CONTRACT and the areas of law generally referred to as, 3) TRADEMARKS; 4) COPYRIGHT; 5) PATENT; and 6) TRADE SECRET LAW.

These different forms of protection vary in important ways. Each of them is designed for different purposes. They also function differently, and are limited in their scope. To effectively use these tools requires at least a general understanding of the scope of protection, advantages, requirements, and the limitations that they each offer. The best strategy is to become familiar with these features so that they may be applied to the appropriate situation. It must be remembered that these methods are not exclusive. In other words just because one method is used does not prevent you from utilizing the other methods in combination. Comprehensive protection can only be obtained by understanding the protections and how to employ them.