Intellectual Property

Protecting Your Ideas

How We Can Help

Intellectual property is quickly becoming the most valuable property in the world! As a brand owner, you have specific rights to your intellectual property. Let Artisan Law guide you through the process of registering, maintaining, and monetizing your intellectual property rights.

Artisan Law will guide you smoothly through the rigorous process of registering and maintaining your trademark and trade dress. Our experience and familiarity with the U.S. Patent & Trademark Office (“USPTO”), Trademark Electronic Application System (“TEAS”) and monitoring application status will free you up to focus on meeting and exceeding your business goals. It is a complex process that, if not done correctly, can have lasting repercussions for your business. According to a 2013 study published in the Stanford Technology Law Review, using an attorney to file your trademark application makes you 50% more likely to get a trademark registered compared to those who attempt to navigate the process on their own.

You want your artistic expressions to touch to world, but you also want to maintain control over their use. Allow Artisan Law to help you to protect your works such as books, songs, photographs, artwork, computer design and code through registration with the United States Copyright Office.

And when you have those proprietary business secrets that form the core of your business identity, Artisan Law has unique strategies to safeguard your trade secrets. And if you do find that any of your intellectual property is being used without your permission, allow Artisan Law to assist you in the process of enforcement against infringement. Your intellectual property should be working for you not someone else. When you are ready to talk your intellectual property to the next level, Artisan Law is here to help you develop and implement a strategy to monetize your assets.

From protecting your brand identity to maximizing and monetizing your ideas, Artisan Law has you covered.

Are You Protecting the Brand You Worked so Hard to Build?

You’ve put your amazing ideas out into the world. And you’ve invested time and resources into creating a stand-out brand. At Artisan Law, we know the importance of protecting what you’ve worked so hard to build. Whether you’re a business owner, a creative, or both we’ll help you to protect and leverage your intellectual property. From trademarks & copyrights to licensing agreements, we’re here for you.

Are You Protecting the Brand You Worked so Hard to Build?

Have questions?

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Call Shaina Jones Magrone today!

(212) 548-4874

(305) 824-2757

What are the four types of Intellectual Property?

The four types of intellectual property are trade secrets, trademark, copyright, and patent. Securing the correct protection for your assets is very important, which is why consulting an experienced attorney is a must!

Trade secrets are specific, private information that is important to the creator or owner because it gives the owner a competitive advantage in the marketplace. In order to establish information as a “trade secret” and to receive the legal protections associated with them, the owner of a trade secret must actively behave in a manner that demonstrates their desire to protect the information.

Trade secrets are protected without official registration; however, when the rights of an owner are used without permission, i.e., infringed or misappropriated, the owner may ask a court to prevent the infringer from using the trade secret.

Trademarks are words, phrases, or symbols that identify the source of a product or service. As examples, take Nike^® and the Nike^® logo, the “swoosh,” both of which are recognized by nearly everyone. It is clear that when either of these trademarks are used on a product who created it. Trademark rights come from the use of the trademark and those rights can be held indefinitely.

Copyright protects original works of authorship that include literary works, music, art, photography, computer code, and many others. Copyright protections are automatic which means once you create something, the copyright is yours. However, if your copyright is infringed and you wish to file a lawsuit and recover damages, then you need to have previously registered for federal protection.

Patent is used to protect inventions (or discoveries) that are new, non-obvious, and useful, such as a new process, machine, article of manufacture, or composition of matter. A patent owner is able to prevent everyone else from using, making, or selling the invention without permission.

What should I keep in mind to pick a good, protectable name for my business or product?

Good business names and trademarks are those that are considered “distinct” under trademark law. The most distinct marks are coined words, for example, Exxon^®, Polaroid^®, and Xerox,^® and the weakest are words that merely describe or are the generic name for your goods and services.

Is copyright registration really necessary?

While it is true that original works of authorship are protected by copyright once they are fixed in a tangible format, it is also true that in order to enforce those rights you need to have registered your work with the United States Copyright Office – or at least provided proof that you tried to register and were refused. For this reason, it’s often a good idea to register copyrighted works that are valuable to you.

How long does it take to get a federal registration?

On average, federal copyright registration takes approximately 2 months but may take as long as 5 months. Federal registration for copyright comes from the United States Copyright Office which is a part of the Library of Congress. Federal trademark registration takes, on average, 8 to 10 months but can take as long as 18 months. For patent registration, the average time period is between 15 to 16 months. Both trademark and patent registrations are handled by the United Stated Patent and Trademark Office.