San Francisco Intellectual Property Lawyers
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Legal Services Offered by Our On-Demand San Francisco Intellectual Property Attorneys
Our San Francisco 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 San Francisco 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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What Is Intellectual Property?
Intellectual property (IP) is a general term for the rights recognized by U.S. law for creations of the mind, including:
Patents - rights granted to inventors for novel and useful inventions.
Trademarks - rights granted to businesses relating to the branding of their goods and services (company, product and service names).
Copyrights - rights granted to authors for tangible expressions of ideas (art, literature, music, software code, architectural plans).
Trade secrets - rights granted to businesses relating to their unique and valuable intangible assets (business processes, client and customer lists, procedures, practices, formulae, research notes, market data).
Types of Patents
- 11 min read
What Is Trademark Protection?
Trademark protection refers to safeguarding intellectual property rights to protect a trademark from counterfeiting and infringement. A trademark is an established or legally registered mark that identifies a manufacturer's unique goods and services. The owner of a distinctive mark can apply to receive trademark protection. However, trademark protection also requires you to continually use the mark in commerce.
To protect your trademark from infringement and counterfeiting, you need to make sure your mark is not used by others, and you need to bring legal charges against those who use your mark without permission. By conducting research, you can develop a strong trademark or
- 7 min read
What Are International Patent Applications?
International patent applications, called a PCT application, is part of how to patent an idea and is the first step in letting you get exclusive rights to your inventions in countries around the world. These patents offer more protection than a patent in the United States alone. The World Intellectual Property Organization (WIPO) administers the PCT. This patent application gives you protection for inventions in over 150 nations around the globe.
Reasons to Consider Not Using International Patent Applications
Incomplete Coverage: A PCT application only gives you access to patent protection in 151 countries. That means you won't have patent protection in 45 remaining nations. You may nee
- 9 min read
What is a Suggestive Trademark?
A suggestive trademark is a distinctive, but not descriptive, mark which does not describe a product, but suggests or references it, requiring consumers to exercise imagination to connect the mark with the product.
There are five different categories of trademarks. Each is defined by the degree of distinctiveness inherent in its use. They were put in place by a federal appeals court ruling in the case of Abercrombie & Fitch Co. vs. Hunting World, Inc. As such, the standard used to determine under which category a mark falls is called the Abercrombie Test.
These five categories are:
- 7 min read
What Are Likelihood of Confusion Factors?
Likelihood of confusion factors are the legal standards used to determine whether trademark infringement has occurred. The factors are also used as one of several tests conducted by the United States Patent and Trademark Office (USPTO) to determine whether a trademark application is approved.
The likelihood of confusion test is used to decide if a trademark is likely to be confused with another trademark.
The Role of a Trademark Attorney
The attorney that is examining the trademark needs to do a search of the USPTO records to find out whether the applicant's mark is similar to any other registered mark that may cause confusion or mistake if it is used on or in connection with the same type of goods or services as the other mark in the application.
The attorney also needs to search any pending applications to see if there are conflicting marks that have earlier filing dates. Any