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Patent vs. Trademark | What is the difference?

As an entrepreneur, your creativity is your greatest asset. But in a space where everyone is vying for attention and success, it’s easy for your brainchild to get lost in the shuffle or, worse, taken advantage of. That’s where intellectual property (IP) rights come into play. These are the laws that ensure the product of your mind—whether it’s an ingenious invention, a catchy jingle, or a unique logo—remains yours and yours alone. IP rights keep your innovations safe and your brand distinct in a competitive world. 

Navigating the legalities of IP rights can feel like learning a new language, with terms like ‘patents’ and ‘trademarks’ floating around. How do they differ? When do you need one over the other? 

In this article, we’ll walk you through everything you need to know about patents and trademarks in a clear and easy-to-understand format, so you can confidently protect your creativity and your business.

What is a Patent?

A patent is granted by the government and allows an inventor exclusive control over their invention. This means the inventor has the sole authority to make, use, or sell their creation for a certain period. Designed to encourage innovation, patents are a vital tool for ensuring that inventors can reap the benefits of their work without the worry of someone else copying their ideas.

Patents apply to a broad range of items and ideas, from computer chips to chemical formulas, as long as they are new, not obvious to experts in the field, and have practical uses. With a patent in place, your invention is legally protected, which means you can confidently develop, market, and sell your product without the worry of others copying it.

What is a Trademark?

A trademark is a distinctive sign or symbol used by a business to identify and set a company’s products or services apart from everyone else’s. It can include names, logos, slogans, and other brand identifiers. By securing a trademark, a business ensures that no one else can legally use its specific signs or symbols, which helps to avoid confusion in the market and protects the brand’s reputation.

Let’s put this into perspective with some relatable examples. When you see a swoosh logo on a pair of sneakers, you instantly recognize them as a product of Nike. Or when you hear the term “Just Do It,” you can’t help but think of the same brand. 

Trademarks extend beyond logos and slogans; they can also include other brand identifiers like colors, sounds, and even smells that are associated with a particular company. For example, the distinct robin’s-egg blue of a Tiffany & Co. box is trademarked, as is the NBC chimes sound.

These trademarks are not accidental—they are carefully chosen signs that are legally protected to prevent any other business from using a similar mark that could mislead customers. Trademarks are powerful because they aren’t just legal tools; they forge an emotional connection with consumers. 

The process of obtaining a trademark is a critical step for any business wanting to secure its brand identity and gain exclusive rights to use a distinctive sign or symbol that represents its products or services in the marketplace. This is where firms like Martin IP Law step in, offering expertise to ensure that your brand is not only recognized but also protected by law.

Key Differences Between Patents and Trademarks

If you’re venturing into the realm of intellectual property, it’s essential to understand that patents and trademarks protect different aspects of your work and business. While both are crucial, they serve unique functions and offer varying scopes and durations of legal protection. 

Here’s a concise breakdown to help you distinguish one from the other and decide which form of protection aligns with your needs.

Types of Protection:

  • Patents: Patents are about the nuts and bolts of your invention. They’re there to protect the technical and functional aspects of your new machine, process, or composition—essentially, how it works and what it does.
  • Trademarks: Focus on your brand’s personality. They safeguard the elements that people associate with your business, like your unique logo, catchy product name, or memorable slogan—and they’re all about making sure customers know it’s you, not a competitor.

Duration of Protection:

  • Patents: After you’ve secured a patent for your invention, you’ll receive 20 years of protection. During this time, you’re the sole owner of the right to manufacture or sell your creation. After the patent expires, your invention joins the public domain, where anyone can use it.
  • Trademarks: Trademarks never expire, as long as you stay active. Keep using your trademark in business, look after it, and it will remain yours. This can mean indefinite protection for your brand’s distinguishing features as long as they’re in play.

Registration Process:

  • Patents: Filing for a patent can be quite detailed. You’ll need to show off every feature of your creation, proving it’s something the world hasn’t seen before. It’s about documenting your invention in a way that defines what’s yours and sets it apart from the rest.
  • Trademarks: Getting a trademark registered is less about the technical details and more about brand identity. You’ll need to demonstrate that your desired trademark is unique to your business and isn’t stepping on any toes in the market. Once you prove your mark is actively being used in commerce, you’ll set the foundation for your brand’s legal recognition. 

 

Each of these protections serves to fortify a different aspect of your business and inventive efforts. With a clear understanding of what patents and trademarks each defend, you can ensure your business and your brainwork are both well-shielded. 

With patents and trademarks secured, you can confidently invest in marketing and development, knowing that your IP rights are locked down. This is not only about preventing loss; it’s about taking the offensive in the business game, ensuring that what you create stays yours and continues to drive your business forward. Martin IP Law specializes in helping clients not just understand these protections but use them to their advantage, turning great ideas and strong branding into long-term business success.

If you have questions about securing the intellectual property of your business, give us a call, or send a message today.

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Intellectual Property Symbols Explained: Protect Your Creations

When you see a brand name, logo, or creative work, there’s often a subtle yet powerful marker accompanying it—a few small symbols that carry significant legal weight. Intellectual property symbols like TM, SM, ®, and © are these markers, and they play a pivotal role in the business and creative worlds. By understanding and correctly using these symbols, you signal your rights to the market and assert the value of your intellectual property.

Yet, for many, these symbols can seem like a secret code—exclusive and elusive. This guide aims to demystify that code. It’s not just for legal experts; it’s for anyone with an idea worth protecting. We’ll break down what each symbol represents, when and how to use them, and why they’re crucial for anyone who creates or innovates.

So let’s dive into the nuances of intellectual property symbols. With the knowledge you’ll gain here, you can ensure that your work is not only recognized but also respected and protected. Welcome to your essential guide to claiming and communicating your intellectual property rights.

Understanding the Trademark (TM) Symbol

The TM symbol is a fundamental aspect of branding and intellectual property protection. Here’s a breakdown of what the TM symbol is when to use it, and why it’s important:

What does the ™ symbol mean?

  •   Represents “Trademark”
  •   Used for goods and services that are not yet registered trademarks
  •   Indicates the owner’s claim to the trademark

When would I use the ™ symbol?

  • After a brand name, logo, or slogan in everyday business use
  • During the application process for formal trademark registration
  • Once you decide to establish a trademark, even before starting the registration process

Benefits of Using the TM Symbol:

  • To inform the public of your claim of ownership over the brand or mark
  • To dissuade others from using a similar mark that could be confused with yours
  • To establish a public record of the use of your mark in commerce

Understanding and utilizing the TM symbol is a proactive step in protecting your intellectual property. It’s part of a broader strategy to secure and enforce your trademark rights, even before you complete the official registration process.

 

Deciphering the Service Mark (SM) Symbol

Similar to the TM symbol, the SM symbol represents a claim to a service mark, which applies to services rather than goods. 

What does the SM symbol mean?

  •   Signifies “Service Mark”
  •   Represents services, not physical goods
  •   Used to claim rights over a service mark

When would I use the SM symbol?

  •   With the name, logo, or slogan associated with provided services
  •   Before and during the service mark registration process
  •   Upon deciding to assert a service mark, even before registration

Benefits of Using the SM Symbol:

  •   To publicly declare your ownership of the service mark
  •   To prevent potential confusion or misuse by other service providers
  •   To begin establishing the service mark’s presence and use in the marketplace

 

The Registered Trademark (®) Symbol 

This symbol is only for trademarks that have been officially registered with the relevant government authority. It provides legal protection and helps deter potential infringement.

What does the ® symbol mean?

  •   Indicates a “Registered Trademark”
  •   Signifies official registration with a government authority
  •   Used exclusively for registered marks

When would I use the ® symbol?

  • After receiving the trademark registration certificate
  • On products, packaging, labels, or in any place where the registered trademark is displayed
  • In all forms of communication, marketing, and advertising where the registered trademark appears

Benefits of Using the ® Symbol:

  • To notify the public that your trademark is officially registered and protected by trademark law
  • To enhance legal protection against infringement and unauthorized use
  • To establish stronger grounds for legal recourse in case of trademark disputes

 

Copyrights: The © Symbol

Copyrights serve to maintain your ownership over your creations, be they written works, songs, or art. Placing the © symbol on your work states that you own it and that others need your consent to use it. This helps prevent unauthorized use of your material without your approval.

What is the © symbol?

  • Denotes “Copyright”
  • Indicates legal protection for original creations like books, art, or music.
  • Placed on different types of creative works to show they are copyrighted.

When would I use the © symbol?

  • Included in the credits, title screens, title page, or packaging of creative works
  • Can be used before or after officially registering the copyright

Benefits of Using the © Symbol:

  • To claim ownership and copyright of the work
  • To inform others that the work is protected and cannot be used without permission
  • To deter infringement and provide a clear basis for legal action if necessary

In the United States, copyright protection is automatic upon the creation of an original work fixed in a tangible medium of expression, like writing it down or recording it. You don’t need to do anything specific to obtain the copyright. 

However, registering your copyright with the U.S. Copyright Office can provide additional legal benefits, such as the ability to sue for statutory damages and attorney’s fees in infringement lawsuits. It also provides a public record of your copyright claim.

 

 

Patents and the Patent-Pending Designation

Patents ensure that inventors have exclusive control over their creations. It’s a government-issued right that allows you to be the sole person who can make, sell, or use your invention for a set time. The purpose of getting a patent is to prevent others from making money off of your idea unless you permit them to do so.

A person might seek a patent for:

  • A new type of machine or electronic device
  • A chemical formula, such as a new medicine
  • A process for producing a particular product
  • A unique computer algorithm or piece of software
  • A design for a product that improves its functionality

When a patent application is submitted, the term ‘patent-pending’ can be used. It indicates that protection is sought after, warning others against copying the idea.

Benefits of applying for a patent:

Getting a patent means you alone have the right to decide how your invention is used, which helps keep others from selling or using your idea without your permission. This control can increase your business’s value and might lead to deals or investors knocking on your door. It also keeps competitors from copying your invention, giving you an edge in the marketplace. 

Why Intellectual Property Protection Matters

Safeguarding your intellectual property isn’t just a good idea—it’s crucial to ensuring that your hard work and innovation pay off. When you protect your ideas, creations, or brand, you’re not just guarding against potential theft; you’re cementing your role as a leader and trailblazer in your industry.

Intellectual property protection helps you keep the unique aspects of your business that set you apart from the competition, allowing you to stand out and succeed. So, whether you’re a startup founder, an inventor, or a creator, remember: looking after your intellectual property means looking out for your business’s future.

 

How to Protect Your Intellectual Property

  1. Identify what IP you have
  2. Understand the different types of IP protection available
  3. Ensure you use the correct symbols to communicate your rights
  4. Monitor the market for potential infringements
  5. Consult with an IP attorney to secure and enforce your rights

Knowing how to use intellectual property symbols is an essential part of protecting your ideas and creations. At Martin IP Law, Rick Martin specializes in intellectual property law and is prepared to help secure the legal safety of your innovations. With a straightforward approach, we’ll show you exactly what you need to do to protect your work. Don’t take risks with your intellectual achievements—get in touch with us today, and together, we’ll make sure your creations have the strong legal defense they deserve.

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The Power + Importance of Trade Secrets  

While patents, copyrights, and trademarks are sometimes the most well-known forms of intellectual property, trade secrets often fly under the radar. In general, a trade secret is any kind of information that provides a business with a competitive advantage. These intellectual property rights are pieces of confidential information that can be sold or licensed and can encompass a wide range of information. From recipes and customer lists to marketing plans and pricing strategies, there is an abundance of information that falls under the trade secret category.

 

What qualifies as a trade secret? 

According to the World Intellectual Property Organization, to qualify as a trade secret, the information must reach these requirements: 

  • Commercially valuable, giving a competitive advantage 
  • Be known only to a limited number of individuals 
  • Be subject to reasonable steps taken by the rightful holder of the information 

 

How can a trade secret be protected? 

There are many preventative steps companies can take to protect their trade secrets from theft or misappropriation such as Non-Disclosure Agreements or Non-Compete Agreements. Another commonly implemented strategy is to train employees on the importance of trade secret protection and the consequences of disclosing the protected information.

 

One of the largest trade secrets in the world is the Coca-Cola recipe, made from a secret mixture of the stimulant coca leaf and African kola nuts, which contain caffeine. Don’t worry, the universally-loved soda recipe is still kept safe, although, in 2021, a former Coca-Cola employee was convicted of trade secret theft related to BPA-free coatings that line the soda cans to retain flavor. Dr. Xiaorong You was convicted of selling this Coca-Cola trade secret to the Chinese Government. The Indictment alleged that the trade secret information cost almost $120 million to develop.

 

After uploading multiple trade secret documents to her Google Drive, Dr. You was arrested on February 14, 2019, and her trial began in April 2021. According to prosecutors, Dr. You had plans to share this information with the Chinese government to start her own BPA-free coating firm. The jury convicted Dr. You of possession of stolen trade secrets, economic espionage, and wire fraud. This Coca-Cola chemist and former employee is now facing 14 years in prison for trade secret theft. 

 

What makes trade secrets distinctively important? 

Something unique about trade secrets is their longevity. They have the ability to last as long as they are kept secret! With this, there is no registration process or costs, unlike patents or trademark registration which are time-consuming and sometimes expensive. Trade secrets have the ability to give a competitive advantage, no matter the size of the company. 

 

Trade secrets are a valuable form of intellectual property and have the potential to give companies a significant advantage, and this could apply to your business. By understanding what trade secrets are and how they can be protected, you can ensure that your company remains competitive by safeguarding important information. 

If you have questions regarding trade secrets within your organization, contact Martin IP Law Group. Remember, it’s always best to prevent damage rather than reverse it, so protect your intellectual assets today! Our flat-fee consultation is a great place to start.

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Fractional IP + Startup Counsel | How It Can Benefit Your Business

No matter the size of your business, you deserve the rights to your unique intellectual property. From large-scale manufacturing concepts to small and innovative objects, we believe all ideas are worth protecting. With one of our three fractional counsel plans, we have something for everyone from entry-level to robust guidance. Martin IP Law Group is able to provide your business with timely, on-demand support that allows you to protect, enforce, and maximize the value of your intellectual assets. 

 

What is Fractional Counsel? 

We provide many of the same services as an in-house intellectual property attorney would provide. However, because some businesses’ needs or budgets do not justify hiring an in-house attorney, we offer all of the necessary services part-time at a fraction of the cost. All services are provided for a flat rate, a monthly fee. With one of our three unique fractional counsel plans, you can budget for legal fees with confidence in knowing that the fees will be consistent and regular! 

 

Is it right for your business?

Ask yourself these questions to see if Fractional IP + Startup Counsel is right for your business: 

  1. Is budgeting for legal expenses difficult?
  2. Are your company’s legal needs inconsistent, such that a full-time in-house attorney would be underutilized?
  3. Is the cost of hiring a full-time, in-house attorney beyond your company’s budget?
  4. Is it difficult to get legal advice when you need it?
  5. Would you benefit from proactive advice and legal services?

If the answer to any of these questions was yes, then your business may be a good candidate for fractional IP services. 

 

What are the benefits?

There are ways that fractional IP counsel could benefit your business. Here are some of our favorites: 

  1. Saves you and your business money 
  2. Proactive legal representation 
  3. Consistent and controlled cost 
  4. Free time to focus on the growth of your business
  5. Customized and timely legal services 

 

With expert legal knowledge, industry insights, and a commitment to personalized, on-demand service, Martin IP Law Group is ready to serve your business as a strategic partner in safeguarding your intellectual assets. Contact us today to get started! 

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JC Michaelson – How IP Law Can Help Small Businesses

In 2012, Jill Marshall and April Nelson brought together their years of experience in occupational health and formed JC Michaelson ™ to help employers and employees make better-informed healthcare decisions. The company now provides healthcare education to businesses, fostering skills that create a healthier and more productive work environment. JC Michaelson ™  is a Women-Owned Small Business (WOSB) Federal Contracting Program Member, HubZone-Certified Small Business, and a Certified Women’s Business Enterprise (IN). 

 

In today’s competitive business landscape, intellectual property has become a valuable asset for companies of all sizes. April and Jill knew they wanted their experience to be validated and their small business to be seen as credible in a market dominated by larger consulting firms.

 

For small businesses, harnessing the potential of intellectual property can be a game-changer, helping business owners stand out in their market, collaborate with larger companies, and establish a solid foundation for growth and recognition.

 

Jill and April met Rick Martin at a local networking event and followed up to learn more about the possibilities for protecting their intellectual property. Jill stated, “One thing I learned early on is that when you own a business, you shouldn’t waste time on those who aren’t experts in their field. When we sat down and met with him, we knew right away he was the expert. He and his team know what they are doing and are going to get this done for us so much quicker and better.” 

 

This collaboration led to the trademark of the JC Michaelson name, as well as their Report of Early Discomfort Program (RED)™, a proprietary program used within their consulting. With so much intentionality and effort poured into these entities, Jill stated, 

 

“This is our program. We want to show our clients that we know what we’re doing. Others are doing similar things, but they’re not doing it with the background and experience that we have. This is our brainchild, let’s protect it.” 

 

With their growth and success, it is our honor to be securing trademarks for a small business that is making waves in their industry, especially one that is predominately male-run.  

 

For small businesses, having a solid IP protection strategy is vital to safeguarding names, and patents, and establishing copyright protections, and is necessary for future growth. A robust intellectual property portfolio also enhances the credibility of a small business in the eyes of partners and clients. Likewise, partnerships with larger companies become more appealing when they can demonstrate their ability to protect their intellectual property. 

 

By investing in IP protection, this small business has created a strong foundation for future endeavors, while establishing its position in the market. This also ensures its unique programs and initiatives continue to thrive and impact the industry. And, we’re honored to be a part of helping companies from small to large thrive!

 

If you are ready to protect your intellectual assets and make waves in your industry, reach out to Martin IP Law Group today!

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What’s the deal with the Barbie movie? The Legal Lessons of Blockbuster Hit

In the late 1950s, a new doll was sweeping the nation – Barbie. Trademarked in 1959 by Mattel, the rights to the name “Barbie” extend far beyond dolls. Clothing, car accessories, and other lifestyle items also fall under their intellectual property plan. 

 

The new Barbie movie, directed by Greta Gerwig and starring Margot Robbie and Ryan Gosling as Barbie and Ken, was released across the globe on July 21, 2023. With its $145 million set budget and $150 million marketing budget, it certainly exceeded expectations. The movie had the biggest box office debut of the year and is history’s biggest female solo-directed film. 

 

The World Intellectual Property Organization states the brand has licensing deals with over 100 companies as part of the movie’s marketing plan. However, despite its success, this seemingly innocent movie about the world’s most well-known doll sheds light on the evolution of trademark protection, owner’s exclusive rights, and public expression.   

Territorial Misrepresentations 

You may have heard about Barbie’s legal challenge involving the “nine-dash line,” representing China and Taiwan’s claims of territory in the South China Sea. This illustration is seen on a cartoon-like map shown in the movie’s first half. Vietnam and the Philippines claim this misrepresents how the territories are actually split. 

 

Forbes reports that the leader of the cinema department of the Ministry of Culture, Sports, and Tourism in Vietnam, Vi Kien Thanh, says, “Vietnam’s National Film Evaluation Council has decided the film would not be granted a license over its inclusion of the ‘illegal image.’” 

 

Warner Bros. defends the map, describing it as a “whimsical, child-like crayon drawing” and stating that it represents “Barbie’s make-believe journey from Barbie Land to the real world.” While representatives say it was never meant to cause controversy, they aren’t making any moves to accommodate the alteration requests. 

Music Matters

As a multibillion-dollar industry, Hollywood seems untouchable and far removed from the lives of middle-class working people – so do large toy companies like Mattel, Barbie’s manufacturers. Plus, how does this all fit into intellectual property law? 

 

Two decades ago, “Barbie Girl” was released by Aqua. Not surprisingly, this led to a lawsuit between the Danish band and Mattel over using the popular doll’s name in the lyrics. Since the song was considered a parody, it was protected by the First Amendment. 

 

During the credits, the 2023 movie features a remix of this song, titled “Barbie World (With Aqua)” by Nicki Minaj and Ice Spice. Instead of leading to a lawsuit like its predecessor, Mattel embraced the song without hesitation. 

 

Mattel, Inc. vs. MCA Records, Inc. shows that no one is exempt from trademark infringement, even massive corporations. It also raises questions about parody and brand rights. 

 

Intellectual property laws exist for a reason, to protect ideas central to a business’s brand identity and legacy. Like Barbie, many trademarks and copyrighted materials are household names and deserve to be appropriately preserved – just like small business owners’ and entrepreneurs’ ideas do. 

 

At Martin IP Law, our legal experts work with all types of intellectual property (IP), including trademarks, copyrights, trade secrets, and patents. After you check out the new Barbie movie, schedule a consultation with us today to learn if our services fit your IP needs.

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Twitter Trademark – Is It Legal?

When you see a little blue bird, what’s the first thing that comes to mind? If you’re an active social media user, it’s probably Twitter. Since March of 2006, the distinctive emblem coupled with its bright blue hue, has become widely recognized. 

 

However, Elon Musk, Twitter’s newest owner, has changed its branding – a logo and name that’s stuck with the company for the past 17 years. Now, it’s just X with a white “X” logo inscription on a black background. Musk also altered Twitter.com to X.com. 

 

Before Musk’s ownership, Jack Dorsey, Evan Williams, and Christopher Stone were the company’s co-founders. During this time, the logo was only changed three times. While Dorsey and his colleagues were no strangers to controversy, Musk’s recent rebranding has sparked debate about whether this was a logical choice – and the legality of it. 

 

Trademarking the Alphabet

Because the logo is just the letter “X”, trademarking is tricky. Nondescript marks, which include letters and numbers, are trademarkable but require substantial proof for acceptance. The most important thing to prove is that the mark is distinctive enough from other businesses’ trademarks. The letter or number must give a second meaning (apart from the original) associated with a business or organization. If it’s too general, the chances of acceptance are slim.

 

Potential Complications Ahead 

According to the United States Patent and Trade Office (USPTO), trademarks protect a business’s name, logo, and designs related to its products or services. It also stops other businesses from using your name in any form of fashion. This is where things get tricky.

 

Take McDonalds™, for example. Kantar reports that the fast-food chain is one of the world’s most valuable businesses, coming in 5th place after other large companies like Google and Amazon. Despite its size, the name wouldn’t be protected without a trademark. The company also owns the rights to the golden arches logo and the phrases “Egg McMuffin,” “Happy Meal,” “McNugget,” and more, making these designs and terms off-limits for others in the restaurant industry. 

 

If another business were to market or profit off these terms in any way, they would be committing trademark infringement. According to the USPTO, this is an “unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.” When this happens, the offender can be sued, served a court order to remove anything with the stolen trademark, or other legal consequences. 

 

Our blog about the 2022 Bridgerton trademark and copyright infringement debacle details how this looks in real-time. 

 

Limited Protections, Higher Liability 

In short, Twitter’s trademark is legal, but it’s complicated. Since the “X” design is so simple, it may be hard to distinguish it from other businesses’ use of the same branding. This limits the amount of protection Twitter has over its new name and logo, narrowing opportunities for future use. 

 

It’s going up against other tech giants like Microsoft and Meta (formerly Facebook) – plus the thousands of other, smaller businesses that have already trademarked some form of the letter X. Currently, this number is estimated to be almost 900. Because of these numbers, the company will likely experience challenges with its trademark. 

 

Either way, trademarks this broad open the door to potential legal action from other businesses. And because Twitter’s biggest competitors are already using similar branding, although, for lesser-known branding projects, the consequences of this latest rebranding might come more quickly than expected.  

 

Trademark Specialists at Martin IP Law Group 

While we don’t know the future of Twitter and its rebranding, we do know we can help you with your trademark ideas. If you’re looking to gain exclusive rights to your brand’s logo, designs, and more, the Martin IP Law Group is ready to get you started.

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What is Intellectual Property (IP)?

As a business owner, inventor, or creative thinker, coming up with unique, new, and innovative ideas is what you’re best at. But despite the individuality that comes with creating new concepts, it’s easy to have them stolen in today’s consumer culture. The old saying, “copying is the oldest form of flattery,” isn’t as true today as it was in the past. 

 

Stealing an idea and profiting from it as if it was your own has always been frowned upon, but being copied in 2023 could significantly impact your business – or land you in a lengthy legal battle. While the Martin IP Law  Group team can help if this happens, we’d rather help ensure that your ideas, or intellectual property (IP), are protected from the beginning.                                                                                            

 

Let’s start by defining what IP is. The World Intellectual Property Organization defines intellectual property as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce.” These are all intangible assets, which carry the same weight as tangible assets. 

 

What are the different types of intellectual property protection? 

Intellectual property laws give you exclusive rights to your property and allow you to sell it to the public and profit from it. However, there are different types of IP protection. 

  • Copyright: Copyrights protect literary or artistic creations like books, films (i.e., movies, documentaries), software, or music. It prevents other business owners from distributing, reproducing, or using the work in other ways without permission. For example, an author would copyright a series of books to stop other writers from copying their ideas. 
  • Trademark: A trademark is a unique word, phrase, design, or symbol distinguishing a business’s products or services. Other businesses cannot create a similar or identical material with this protection. Brands like Apple or Burger King are examples of trademarks. 
  • Patent: Patents are government-granted exclusive rights protecting inventions or discoveries. The patent owner is the only one allowed to produce, use, or sell it. Some of the most well-known patents are items you use every day, such as the telephone (Alexander Graham Bell) and the lightbulb (Thomas Edison). 
  • Trade Secrets: Unlike the other types of IP protection, trade secrets are confidential pieces of information vital to the operation of a business. Examples are manufacturing processes, customer lists, or marketing strategies. When this information is classified as a trade secret, it prohibits public disclosure or competitor use. Famous trade secrets include the Coca-Cola recipe or the KFC Original Recipe. 

 

How do you start protecting your intellectual property? 

IP laws help maintain a balance between creativity and providing incentives for individuals and organizations like you to invest their time, resources, and talents into producing groundbreaking ideas and original products. At Martin IP Law Group, we work with entrepreneurs to protect their information, propelling your business toward success. From the application process to celebrating the finalization of IP rights, our legal experts are with you every step of the way. Contact us today to schedule a consultation. 

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What’s New at the USPTO?

The United States Patent and Trademark Office (USPTO) released new updates about the patenting process! Here’s everything you need to know about the changes. 

 

As a new patent holder, one of the things you might look forward to the most is receiving your certified patent grant. With its gold seal and official display, it gives you something to show for your accomplishment. However, as of 2023, these certificates will no longer be sent to patentees – or, at least not for free. 

 

So how does this benefit you? 

 

Although you now have to pay more for a physical paper certificate, it does reduce the time it takes between when the issue fee is paid and the issuance of the patent. In addition to that, if you’re a client of Martin IP Law Group, you’ll get your certificate AND a plaque with a copy of your patent on it. We know how important it is to commemorate your accomplishment, and we want to celebrate with you! 

 

The USPTO is also reducing rates for micro and small entities, saving you money and making it easier for small and local businesses to obtain a patent. Instead of a 50% and 75% reduction, you can receive 60% or 80% off the total cost.  

 

Both updates went into effect after April 2023. 

 

Want to stay in the know about future USPTO updates and other legal news? Follow us on LinkedIn, Instagram, or Facebook to keep up with everything intellectual property-related!

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FIVE TIPS TO CREATE A GREAT LOGO FOR YOUR BUSINESS 

Your logo is the thing that oftentimes people first see about your company. It’s their first impression, so you want to make it a good one. If you look at companies like Apple, like McDonald’s, they have very recognizable logos that you’ve seen, and you associate with their product or their service. That’s what you want to design – something that’s memorable, something that’s lasting and makes a good impression. Apple’s trademark portfolio is reported to be worth nearly a trillion dollars as of 2022. Your branding and your logo are important to your company, and you want to take the time to do it right. Below are 5 tips and tricks to ensure that your logo is not only great for you and your business, but also protectable.  

 

TIP #1: ESTABLISH A BUDGET 

If you’ve looked online for someone to design a logo for your business, you’ve most likely seen prices ranging anywhere from $25 to $2,500. With logo designers, like attorneys and other businesses, oftentimes you get what you pay for. The ones on the lower end of that price range often times cut corners. They may not provide actual professional design work. Instead, they may just take some clipart from here and clip art from there, put some (very little sometimes) thought into it, and design your logo based on some things that are already publicly available. We’ve seen that happen here at Martin IP law group. Clients have come to us seeking protection for logos they paid someone to design, only to find out that the designer they hired to design their logo, took images from publicly available sites like iStockphoto and used that in their logo. The problem is, there’s no originality there, there’s nothing really that you can protect. And there’s nothing to differentiate you from other people because that mark and that that image is publicly available. Companies like iStockphoto have specific disclaimers on their site, saying that you cannot use these images as part of your logo, so you certainly cannot register them. If you hire a qualified designer, they’re going to know better, they’re going to design something on their own, and they certainly won’t take it from someone else.  

  

TIP #2: ESTABLISH A TIMELINE 

Designing a really good logo isn’t something that happens overnight. A claim to be able to give you a logo, at least one worth having, in 48 hours is not realistic. The designer needs to get to know you, and your business. They need to get to know your culture, so that they can design a logo that fits you and your business. So spend the time to sit down with a qualified designer and make that happen. We’re talking weeks or months, not just days or hours. So make sure you do it right.  

  

TIP #3: CHECK OUT THE DESIGNER’S PORTFOLIO 

Most graphic artists and logo designers are going to have a portfolio publicly or privately available where they can show you other work that they’ve done – other logos they created. Make sure to take a look and get a feel for what their style and effect is, and see if that matches your style.  

  

TIP #4: CHECK OUT THE REVIEWS 

Everybody has online reviews these days. That’s a good way to find out who they’ve worked for before and what these prior clients have to say about the process and working with that designer. 

  

TIP #5: MAKE SURE YOU OWN THE IP! 

Finally, you want to make sure that you own the intellectual property that’s created as part of this process. Make sure to document who owns the trademark and copyright for the logo, and get it in writing! It may be part of the designer’s standard contract language or something you put together that acknowledges that you own the IP, not the designer. Either way, make sure it gets put down in writing somewhere.  

A lot of people go online to have their logo designed, through sites like Upwork, or Fiver, or other common sites where you can go and you can contract somebody to design your logo. If you go to either Fiver or Upwork’s website, their Terms of Service, specifically state that it’s up to the agreement between the two parties – the designer and the purchaser (you) – to determine who owns the intellectual property. It also goes on to specifically say that the designer shall transfer or assign those rights to the purchaser, but ultimately there still needs to be a written agreement.  

Typically, when you pay someone else to design a logo for you, it will be considered a work for hire which you, not the designer, would own. But in that small fraction of cases where there is a dispute as to who owns it, having a written agreement will save you a lot of headaches, and money too!  

 

We have put together a handy checklist for you to use to ensure that you have not missed anything is designing your logo the right way. If you have any further questions about designing your logo, or protecting those rights, contact us here. We’d be happy to help! 

 

WORKING WITH FREELANCE LOGO DESIGNERS: A CHECKLIST

Tell Us How We Can Help You

MARTIN IP LAW GROUP, PC

Evansville Headquarters
225 Court Street
Evansville, IN 47708
Phone: (812) 492-4478

Carmel Office
571 Monon Blvd., Second Floor, Ste. 164
Carmel, IN 46032
Phone: (317) 975-0719

info@ipsolutionslaw.com

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