Atlanta Intellectual Property Lawyers
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Legal Services Offered by Our On-Demand Atlanta Intellectual Property Attorneys
Our Atlanta intellectual property attorneys & lawyers can help you secure and protect your company’s intellectual property. Whether you are an entrepreneur, artist, author, engineer, manager, or individual – the IP attorneys on UpCounsel have you covered.
There are four common areas of intellectual property, which all protect different things such as: copyrights, trademarks, patents, and trade secrets. Additionally, licensing is a popular enough specialization of IP that warrants mentioning.
Our Atlanta IP attorneys that specialize in licensing can help you draft contracts that grant permission to another party to do something with an otherwise protected work or product. A license can grant the right to reproduce the work by: distributed copy of the work to others by rental, sale, or lease, or preparing derivative works using protected expression from the original work, and/or displaying the work.
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- 8 min read
How Do I Get a Patent?
To get a patent, you need to make sure your idea is patentable, which requires that your invention is fully developed and that no one else has already patented it, and then file an application with the United States Patent and Trademark Office (USPTO) which can be a complex process depending on patent type (utility, design, plant, or software patent).
What Is a Patent?
A patent is a property right that the government grants to inventors to forbid others from making or using an invention for a limited period of time (usually 20 years). If someone does steal your invention, the patent grants you the right to sue the guilty party.
Sometimes, someone who did not invent an item can hold the patent right when a patent owner chooses to sell the patent for profit. However, only the person who origi
- 11 min read
What is the Patent Process?
The steps to complete the patent process include:
Creating an invention
Doing a patent search
Filing a provisional patent application
Filing a non-provisional patent application
Application goes through examination
Complete the prosecution process
Post prosecution steps
If you're applying for a patent, it's important to know the difference between an idea and an invention. An idea is not eligible for a patent, but an invention is. For an invention to be eligible for a patent, it must be described in enough detail that someone is your field can fully understand the invention. Once this done, it's time to begin the patent application process.
- 5 min read
What Is an Opposition Proceeding?
An opposition procedure is a tool that companies can use when their trademark, brand, logo, or patent, typically utility patents, is under attack. If another brand or competitor applies to use a similar mark, the company can file an opposition to deny the application.
When to File an Opposition Procedure
A company might file an opposition because the company in question is in the same industry and the company could lose business because of confusion. However, it can also file a complaint if the mark is used in a different industry – as long as the company can prove that it would lose money because of the competing mark.
The opposition procedure starts after the trademark application has been reviewed. It lasts for 30 days and provides a window for anyone to oppose the approval of a trademark.
Anyone with "legitimate
- 8 min read
What is Trademark vs. Registered?
The trademark symbol (TM) is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The registered symbol (R) represents a mark that is a registered trademark with the United States Patent and Trademark Office (USPTO).
Some people think you can use the two interchangeably, but this is not the case. The TM symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it.
The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO. The symbol can indicate you
- 11 min read
What is a Trademark?
A trademark helps protect a symbol, logo, phrase, domain name, design, or word that's associated with your product or business name. A trademark is different from a patent because it doesn't protect an actual product or design on a product. The trademark prevents other companies from using your logo, design, phrase, symbol, domain name, or word as their own.
How Do I File a Trademark?
- Finalize the design
The first step in the process of trademarking is deciding on your idea. If you have several logos, symbols, or words, decide on the one you like best. You should keep the others as backups, in case your top choice isn't eligible for a trademark.
As you finalize your design, think about a few important aspects. Your idea won't qualify for a trademark if it's too generic. Fo