INTELLECTUAL PROPERTY

Intellectual property involves a unique creation of the mind for which the law recognizes a person or business has a restricted right to the creation over any other person or business. The different categories of intellectual property include: copyrights, patents, trademarks, and trade secrets. Our firm concentrates its intellectual property practice in the area of registering and protecting federal trademarks, and protecting trade secrets.

Trademarks:

The legal definition of a trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.[1] Famous examples include Nike’s swoosh symbol, McDonald’s golden arches, and Facebook’s “f” within a blue square.

Registering Your Trademark:

The idea behind trademark laws is to avoid consumer confusion by allowing the consumer to know what product he or she is buying when a certain trademark appears on the product. Using trademark laws, our firm will guide you through the process of registering your trademark with the state and federal registrations.

Using Your Trademark:

Once you have a trademark, it is important that you are correctly using it to ensure the general public is aware of your trademark. Our firm will guide you through the appropriate steps you need to take to provide the proper notice of your trademark.

Trade Secrets:

A trade secret includes “a formula, drawing, pattern, compilation including a customer list, program, device, method, technique or process that: (1) Derives independent economic value . . . from not being generally known . . . [and] (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.”[2] Thus maintaining and protecting your Trade Secrets must be a vital part of your business.

Protecting Your Investment:

Unfortunately, in today’s world of internet sales the infringement on trademarks is a continually growing concern for businesses. Whether it’s through Amazon, Ebay, etc., counterfeiters continue to emerge in the internet market. The misappropriation of a trade secret by a former employee or business partner may also have serious ramifications to your business. Should these unfortunate situations arise, our firm is here to help you along the way and advise you of the rights you have and the appropriate steps you should take to protect your business.

[1] 15 U.S.C. § 1127

[2] 12 Pa. C.S. § 5302