Trademarks, service marks, copyright, NDAs, and infringement protection
The intellectual property portion of our practice is focused in the following areas:
- Trademark and service mark registrations (federal and state)
- Confidentiality and non-disclosure agreements
- Protection against infringement
Intellectual property protection
The intellectual property practice is geared to protection of intellectual property before a problem arises. For instance, even though a client may have incorporated under a certain name, this does not automatically give the client proprietary rights to actually use that name in its business. This is because someone else may have already been using that name in a similar business and they may have even properly registered it. Incorporation is not proper registration. For this reason, a trademark search is often a prudent course of action.
Trademark or service mark registrations
It is almost always considerably less expensive to take steps at the outset to ensure that a name or mark is available and to protect the client’s rights than to seek to establish prior rights to a mark after someone else starts to use it or to defend against an infringement action that has been brought against the client. Thus, we generally advise that trademark or service mark registrations be filed at the state and/or federal level depending upon the nature of the mark and the extent of its use. When a client is considering becoming a partner with another party in a transaction that will involve the use and disclosure of proprietary information, confidentiality and non-disclosure agreements are a must.