Intellectual Property Lawyer In Charlottesville, VA
Tech Startups and Intellectual Property
Our intellectual property lawyer in Charlottesville, Virginia understands that intellectual property (IP) is important to a wide variety of businesses, especially to technology startups. If you are starting a tech company, consider taking the following steps recommended by an intellectual property lawyer in Charlottesville, VA to ensure the best protection of your IP and to avoid future business litigation.
Assign IP over to the company – It can be difficult to start and fund a successful company if a founder cannot simply take their idea and start their own independent company at any time. For this reason, all founders should sign legal documents specifying that ownership of any of their own intellectual property will be transferred to the company as a whole. You should also have a carefully drafted employment agreement ready for any non-founder employees that is in compliance with Virginia’s laws in order to avoid ownership disputes in the future.
Pick the right type of protections – Depending on the nature of your intellectual property, you may want to explore trade secret, patent, trademark, or copyright protections. Each protection has its own eligibility requirements, procedures, limitations, scope of protection, and more. It is important to consult with an IP attorney regarding which type is best for your tech startups. It is also important to sufficiently plan and budget for the particular protections that you need.
Be careful when shopping an app – If your tech startup has a new application (app) that you are shopping and/or testing, there are specific IP concerns that should be addressed. First, you may not want to seek a full patent and go through the complicated and costly process if you are unsure whether the app will be a success. For this reason, you may want to seek a provisional patent that gives you a “patent pending” status. This can still provide IP protections without requiring you to put forth the time and money required for a full patent while you determine whether the app and its underlying ideas are commercially viable.
In addition, if you are testing the marketability of the app, you may want to have parties sign a non-disclosure agreement (NDA). This is a legal contract that prohibits a party from disclosing confidential information (such as information about your app program). This contract should be carefully drafted to include the scope of the duty not to disclose and the specific obligations of the parties who receive the information.
Consult with an Experienced Intellectual Property Lawyer
If you are part of a tech startup – or any type of startup – it is imperative that you cover all of the necessary bases when it comes to protecting your intellectual property. IP is often the basis for the success of technology companies and, if someone else misappropriated your idea or information, that success could be at risk. Whether you need advice on how to protect your IP or believe that you may have a legal dispute regarding IP, your first call should be to a skilled IP attorney. Call Dale Jensen, PLC today to set up a free and confidential consultation with an intellectual property lawyer Charlottesville, VA clients recommend.
Finding an Intellectual Property Lawyer Charlottesville, VA
Witnessing another party stealing your creation, concept and/or published work can be stressful and demeaning. For those who find themselves in such a situation, many often turn to a reliable intellectual property lawyer Charlottesville, VA. We do not take such acts of stealing lightly, and can fight for your reprisal from the offending party within the court of law.
The team at Dale Jensen, PLC has a proud portfolio of winning cases. We want to ensure you trust us to represent and speak on your behalf within the judicial system.
We strive to make our clients feel comfortable and empowered from start to finish. You may be emotional, frustrated, and feel as though you are not in control of what is happening. By choosing an intellectual property lawyer Charlottesville, VA, you can trust we will protect your company from further harm being inflicted on your personal successes.
What are the various types of Intellectual Property?
The 5 main categories of intellectual property include Copyright, Patent, Trade Secrets, Misappropriation of Likeness and Cyber-Privacy. Consult with an intellectual property lawyer Charlottesville, VA to see if your case fits any of these below.
- Other Art Medium
- Sound Recordings
- Technology Software
- Inventors and those of Discovery
- Machine Mechanisms
- Concepts of Improvement
- Trade Secrets
- Details that allow Advantage over Competition
- Customer Information
- Client Lists
- Misappropriation of Likeness
- Celebrities Mainly
- Newer Concept
- Defense in Protecting Brand
- Person does not always have Copyright over Property
- Public Figures
- Publishing Photographs of Famous Person without Approval
- Website must disclose if Customer Info is being gathered for Data
- Frequency of Collection
- Data May be Sold to a third Party
If you believe any of the above scenarios may apply to you, please do not hesitate to get in touch with an intellectual property lawyer Charlottesville, VA. Due to the need of proof and scrutinizing of details in cases like these, it is important you have a professional on your side to assist with the process.
Intellectual Property Law FAQ: What is a trademark search?
Our intellectual property lawyer in CHarlottesville, Virginia knows that when you are planning to trademark your name, logo, or slogan, you will need to ensure no other company is using the same one or one that is too similar. This is one of the most complicated, yet important procedures during the trademark process. You can do it on your own; however, it may be in your best interest to ask an intellectual property lawyer for their help.
A trademark search includes any action taken for the purpose of establishing whether or not a trademark is currently used by another individual or company. A trademark search can be minimal, narrow in scope, or very broad; including all possible avenues of protection. As an intellectual property lawyer might explain to you, only after a full consideration of the mark, the goods or services the mark covers, and the allocation of resources available by the applicant can the right searching strategy be developed.
There are two common searches that an intellectual property lawyer for trademark protection might consider performing. Each one is explained below.
A Knock Out Search
When the trademark search uses the Federal Trademark Register to determine whether the same, or similar, mark exists, it is called a knock out search.
A knock out search can be performed by the applicant or a Charlottesvilleintellectual property lawyer. It covers all marks on the systems’ database which includes marks that have been applied for, but not registered, as well as, registered marks. It also includes marks that were once registered, but have been cancelled and applications that have been abandoned. The database is relatively complex and can return marks that are identical or a close match.
Bear in mind, this type of search generally only includes a search for the actual mark, and not marks that could be considered a variation. An example might be the following:
Let us use a proposed mark such as “AUTUMN RUG STORE.” The searcher might look for a result such as “Autumn Rug Store,” but not “Autumn Rug Company” or “Autumn Rugs and Co.”, or “Autumn Rug Shop.” Although these names are different, they may be considered too similar; therefore, it could result in a conflict with the AUTUMN RUG STORE company due to their proximity in meaning.
As an intellectual property law firm, we would advise applicants that knock out searches can provide a general overview of what might be possible; however, it is not comprehensive; therefore should not be relied upon as a predictor of success.
Full Trademark Search
A full trademark search is a search that covers all possible avenues for registering and protecting a trademark. This search is conducted through private databases that have the ability to search and categorize results based upon the similarity of the mark and the subject. Results are compiled into a report which contains data such as:
- Identical marks
- Close variations
- Marks similar to the mark, but related to a different good or service
A full trademark search can be several hundred pages long. The right intellectual property lawyer may review the search and help you to decide whether your trademark should be applied for.
Contact Dale Jensen, PLC to schedule your first free consultation. We can fight for your behalf and may use legal strategies that can guarantee maximum compensation. The sooner you contact an intellectual property lawyer in Charlottesville, VA, the more likely you will be awarded the retribution amount you seek; give us a call today!
When you have a symbol or a word that you would like to protect as your own, you have likely already done your research and determined that you need a trademark, as a Charlottesville, Virginia intellectual property lawyer can explain. When you do have a trademark, this means that this symbol, word, or phrase is legally registered to you or your business as a representation of a product or your business. People are always on the lookout for the next groundbreaking creative ideas, so trademarks are a powerful way to prevent property theft. To keep others from taking your ideas and claiming them as their own, it is important that you know how to file a trademark correctly. If you are not sure how to go about the process, a lawyer who specializes in intellectual property law can assist you with setting up a trademark. Each Charlottesville, Virginia intellectual property lawyer at Dale Jensen, PLC understands the complications that can come with intellectual property and know that when something is not legally registered, it can make it hard to determine who can use symbols or words. If you would like help registering your trademark or with any other aspect of your trademarked product or other intellectual property, please call us now.
What is Intellectual Property?
Intellectual property is a category of property that refers to any ideas that a person may invent or create. Common types of intellectual property that most people may have heard of include trademarks, copyrights, and patents.
Many people may have heard of intellectual property laws, but they may not entirely be sure of what it fully entails. It comes with several benefits for people who are looking to protect the rights to their original creations.Through intellectual property laws, creators can generate income off their ideas and enhance protections against thieves, hackers, and other threats. These laws allow people to have legal control over their inventions and establish boundaries and guidelines that dictate how other people can use them.
The Benefits of Registration
For trademarks, registration is optional. To use your trademark you do not have to register it. That said, a Charlottesville, VA intellectual property lawyer encourages you to go through the federal registration process because there are many advantages that you would not have without registration.
- There is a notice that you have claimed ownership of the trademark.
- You will then have the exclusive ability to use this trademark with the products or services you specified in the registration packet.
- You have the legal right to sue the person or other entity who infringes on your trademark so that they are unable to benefit from its use.
Registration offers you advantages that may make it easier to protect yourself in case of infringements or other issues that may occur in the future. With registration, any problems involving your product can be resolved more easily, saving you a lot of time and stress.
Trademark Vs. Copyright
There are key distinctions between a trademark and copyright. As an ip lawyer Charlottesville, VA business owners trust can explain, with any piece of intellectual property, it can be hard to determine if you need a trademark or copyright. Both are valid and useful means of protecting your property. If you have intellectual property such as literary pieces, musical scores, or other types of artistic work, you would need a copyright. A trademark, however, covers things like designs, symbols, short phrases, or slogans. It may not be clear which one is suitable for your property, so if you are not sure a lawyer can advise you on which one you should get.
Trademark Registration Validity
When you register your trademark, it does not last forever. Instead, you must file what is called a “Declaration of Use.” The life of a trademark is 10 years, so you want to file a Declaration of Use after you have registered for the trademark, sometime between the fifth and sixth years. You will also need to do this within a year before the trademark registration expires.
How to File a Trademark
You can learn about the basic steps for filing a trademark by visiting the U.S. Patent and Trademark Office (USPTO) website. You can access relevant forms and detailed tutorials there if you are filing a trademark for the first time. Before filing a trademark, make sure that you have all the information you need and that you meet each of the legal requirements. A lawyer can guide you through the process and explain what items and documents you need to have to file your trademark properly.
Checking the Status of Your Trademark Filing
If you have gone through the trademark application process already and are wanting to know the status of your trademark registration application, you can visit the USPTO website or speak with a Charlottesville, VA intellectual property lawyer about the application. If you have an idea, design or other innovation that needs to be trademarked, do not wait another day to start the process and risk having your product stolen. If you have intellectual property that you would like to protect and are not sure how to begin the application process for registering your trademark, an intellectual property lawyer Charlottesville, VA clients recommend from Dale Jensen, PLC can help you. They have experience helping many clients navigate the process of filing a trademark. We will go over the details of your property, ensure that it has the necessary criteria for a trademark, and help you with the application process. We can also help if you already have a trademark and someone is infringing upon it. Please call us now.