T
here are four main types of Intellectual Property that can be legally protected: Trademarks, Trade Secrets, Patents and Copyright.
Trademarks- Both Federal and State Trademarks can be issued for an image or symbol to identify a product or service and/or distinguish a product or service. It is important to note, that the trademark protection is for the benefit of the consumer, and an owner of a trademark may sue for trademark infringement on behalf of the consumer.
For Federal Trademark protection, an application to the US Patent and Trademark office can be made online. The typical time frame from application to approval is anywhere between 6 months and several years.
Obtaining an Arizona State Trademark is a much simpler process. A simple form must be completed and submitted to the Arizona Secretary of States office. Then a simple check is done to ensure that there are not deceptively similar marks already trademarked.
A Copyright protects concrete musical, literary, dramatic, pictorial, or graphic works. Copyright protection is only available on a Federal Level, and only protects tangible mediums of art. It does not protect ideas, concepts, discoveries, or procedures, only the physical manifestation of the ideas.
A copyright owner has the right to authorize reproduction, duplication, distribution, derivative works and performances.
A Patent is also authorized by the Federal Government only and is a legal right granted to inventors by the US Government. The idea behind a patent is that the Inventor shares the invention with the public in return for a monopoly over the product for a period of time.
Patents protect ideas, procedures, processes, systems, methods and discoveries. However, to be patentable an invention must be NOVEL, USEFUL and NON-OBVIOUS.
Finally, Trade Secrets offer the only legal protection of intellectual property that you do not have to register for. A Trade Secret is information not known in the trade, which gives advantage over competitors and is held in confidence. Examples of trade secrets are formulas, chemical compounds, blue prints, computer programs, and customer lists.
The owner of a trade secret must demonstrate that steps have been taken to protect the confidentiality of the trade secret both physically and legally. Trade secrets only provide remedies when trade secrets are obtained by improper means. Independent discovery of a trade secret is not a violation.
Please take the time to protect your assets. Obtaining proper legal protection can increase the value of your company or product immediately. Make the investment and avoid infringement without remedy!
Attorneys, Phoenix, AZ
