The simple act of applying with a government body to register your business’s original ideas, graphics, phrases, slogans, or creative works — or anything that represents your unique product or service — can turn out to be more of a new revenue stream for your business than you’d ever think, according to a certain Houston trademark lawyer.
Patents, trademarks and copyrights can not only generate revenue by way of licensing agreements (basically getting others to use the property you own in the way you want), they can also be a profit center for your business by both direct and indirect means. The success of a product, the recognition of a brand (when a brand is powerful enough, it’s a point where the brand itself is the product for sale), etc.
Patents And Most Patent Applications
An issued patent on an invention owned by a patent applicant may be prior art and prevent the same patent applicant from obtaining a second patent covering different inventive features of a same or similar invention. The patent office almost always initially rejects all patents, and requires a response explaining why your patent is entitled to a patent. Since patents are only awarded to an inventor for an invention that is new and inventive over the current state of the art, when you file a patent application you want to know if there is any prior art that can make your patent application not new or not inventive. To obtain a patent from a provisional application, an inventor must file a regular patent application for a utility patent within one year of filing the provisional application. To streamline the process as much as possible, and to ensure that your patent application is filed accurately and in full, hiring a patent lawyer is in your best interest.
A Patent Attorney And Intellectual Property
Licenses and agreements are the foundation of business relationships based on patents, trademarks, copyrighted works, and other intellectual property rights.
Not only does patent, trademark or copyright registration award you exclusive rights to your ‘unique stuff’ — and prevent copycats from diverting revenue away from you — it can generate revenue by itself. In fact, registered works can very ethically generate revenue — you authorize third parties to use your IP commercially (in a way you approve, of course) with a licensing contract, and they pay you a fee to use the IP. Traditionally, licensing fee structures are such that you get paid for every time your registered work is used.
When there is enough interest in a piece of intellectual property, or the licensee has found a highly profitable place to use it, patent & trademark licensing can be a whole income stream of its own, quickly surpassing the relatively (even absolutely) small fee of registering that IP or copyrighted work.
Chances are the intellectual property issue you face is complex and should only be handled by an experienced, proven intellectual property lawyer. When you own a business, understanding intellectual property and the laws that protect it are crucial. You need lawyers who have the same commitment to protecting, managing and applying IP as you do in creating and using it. Techniques for valuing intellectual property continue to develop, especially as access to information becomes easier and more efficient.
A Mark In Commerce Prior to Federal Registration
Trademarks help your customers distinguish your products and services from others in the marketplace as well as associate them with your company and its reputation. A registered mark may be assigned and a mark for which an application to register has been filed may be assignable. Trademark/service mark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark.
Prior to applying for trademark registration with the USPTO, the trademark — be it a graphic, a logo, a phrase, or another creative design — must be one you are already using commercially in the products and services you offer. This is cause enough to the Patent and Trademark Office that you’re seriously committed to protecting your marks, because if something has not been used in commerce, how would you know its actual commercial value?
Granted, if this whole process of trademark registration sounds a little… perplexing, that’s because it is. In fact, that’s very much the case for many startups and new business owners who are just starting to learn about intellectual property and why it is a necessary component of capitalistic activities. If you want help understanding why, contact a trademark lawyer at http;//trademarklawyerinfo.xyz today.