Intellectual Property Services
Let’s discuss what it is exactly that you would like to protect. It is beneficial for clients to hear their options, because, sometimes, what may sound like a patent, actually requires a different form of intellectual property protection, like a trademark or copyright, instead.
Trademark Search
Considering a name for your new business? Step one is legal research of government databases for any similar existing trademarks that may stand in the way. With a trademark, the goal is to protect your brand name, logo design, and/or slogan. All businesses should have a legal professional do a trademark search, not only to protect your own business name through a registration, but also to cover your bases to lower the chances of being exposed to legal action against you for accidentally using someone else’s registered trademark.
Trademark Analysis & Recommendation
Step two, an in-depth legal analysis of how strong your proposed trademark is. You will get either a go-ahead for your proposed trademark, or a recommendation of a great alternative that has a higher chance of registration approval by the government.
Trademark Registration
All set on the proposed trademark? Let’s go for it! Filing an application to register your proposed trademark is an exciting next step for your business. You can request an application to be filed, on your behalf, in the United States, in a foreign trademark office, or both. It generally takes a few months for the government to make a final decision on a trademark application. Along the way, the trademark office may issue notices, known as “office actions,” which often require tailored legal responses, that Ms. Spector will handle for you.
Trademark Maintenance
Congratulations! If and when your trademark was approved by the government’s office for registration, your rights are secured. You can elect to hire Ms. Spector to maintain your trademark over a longer period of time, which may include letting you know when fees are due to the government, informing you of notifications from the government’s trademark office, and assisting you with brand registry tools on marketplace platforms. Maintenance is very important for the longevity of your trademark.
Trademark Enforcement
Despite having rights to your own trademark, people may interfere by using your protected trademark without your permission. A failure to enforce can put your trademark at risk of losing its strength, and ultimately a possible loss of rights of your trademark. Enforcement could look like sending a “cease and desist” letter, or through other avenues that you can discuss together with Ms. Spector. You can also hire Ms. Spector to routinely monitor your trademark online, and notify you of wrongful uses which you may not be aware of.
Trademark Strategy
Proactively plan your trademark portfolio for growth opportunities that align with your business vision. This may include licensing your registered trademark to other parties, for them to use in a specific way for a limited time. You may also wish to purchase a trademark that you like from another business. Looking for an exit? Let’s get your trademark sold.
Trademark Opposition
Opposing other people’s attempts to register a trademark that is confusingly similar or identical to yours. This can help keep your brand on track, prevent consumer confusion, and protect your trademark from losing its strength. This action is traditionally brought before the Trademark Trial and Appeal Board.
Trademark Cancellation
When someone else’s registered trademark is standing in your way, a targeted cancellation action can clear the path for your brand to grow, and perhaps for you to register that trademark in connection with your product and service offerings. A cancellation can occur for a number of reasons, for example, that person’s trademark may not be continuously used.
Trademark Defense
Defending you against an accusation of confusing, improper, and unauthorized uses of another person’s registered trademark. Defending you against someone else’s attempt to cancel your registered trademark. Occasionally, you can arrive at a coexistence arrangement.
Trade Dress
The goal is to have rights over design or shape of your product, its packaging, and color, protectable only under specific circumstances.
Copyright
Ms. Spector can provide research, search legal databases, file a copyright registration, and provide recommendations. A copyright may protect the following: pattern design on fabrics, original sketches of designs, written articles and software code, musical compositions, dramatic screenplays, photographs, videos, podcasts, choreography, and architectural design.
Trade Secrets
A protectable trade secret is defined as information that has commercial value, by being kept a secret among a limited group of people, and reasonable efforts have been made to maintain that secrecy. Information that qualifies as a trade secret may include a formula, technique, pattern, manufacturing process, recipe, source code, and more. Ms. Spector can counsel on whether your material qualifies as a protectable trade secret, recommend precautions you can take to prevent it from being revealed, and advise on legal steps you can take to go after someone who has wrongly utilized your trade secret without authorization, or has breached a non-disclosure agreement. Please note that not every instance of a person’s discovery of a trade secret is considered to be a legal violation.
*An acceptance of a pending U.S. trademark or trade dress application for registration is subject to
the discretion and final decision of the U.S. Patent & Trademark Office. An acceptance of a pending U.S. copyright application for registration is subject to the discretion and final decision of the U.S. Copyright Office.
Additional Services
Contracts
Please discuss with Ms. Spector what your needs are and she will advise on the type of contract that would be most beneficial. Ms. Spector is available to draft various types of contracts, including an intellectual property licensing agreement, commercial lease, brand collaboration agreement, contracts related to social media content, freelance work-for-hire agreement, manufacturing/supplier contract, non-disclosure (NDA), waiver, release, service, operating agreement, and more.
Letters
Please discuss with Ms. Spector what your needs are and she will advise on the type of letter that would be effective. Examples of letters include a collection letter to recover money owed to you, cease and desist letter regarding another’s use of your trademark without your permission, and asserting your rights to use a license, to access a commercial space, or to prevent someone else from doing so.
Website Domain Name Disputes
Representing you in filing a complaint, or defending you in an action, where someone suspects that the owner of a registered website domain name is wrongfully using another person’s trademark. This action traditionally appears before the World Intellectual Property Organization.
Business Entity
Forming a corporation, LLC, or other business entity. Maintenance of that entity. Closing down that entity (dissolution). Requesting certificate of good standing. Requesting authority to do business in other states. Filing for a permit.
Research of New Laws Specific to Your Industry
Local, state, federal, international laws, U.S. Customs. Developing laws on artificial intelligence, technology, privacy, employment, and other topics.
General Counsel
The go-to attorney on-call for your organization for a specified period of time, instead of hiring for one matter at a time, available to clients of all industries. For fashion clients, well-versed in the industry, Ms. Spector can counsel on topics across the board, with a 360 degree understanding of your fashion business.
Outside Counsel
Available for hire by in-house legal teams and law firms, to assist on IP docket management, trademark matters, legal research, contracts, and more.
*Ms. Spector’s practice does not currently include patent law.
Disclaimer: Prior results do not guarantee a similar outcome.
Image: Unsplash
Interested in any legal services not listed above? please inquire for further consultation with Daphne.
Contact
Tel: 212-390-8334
43 West 43rd Street, Suite 392
New York, NY 10036-7424
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