Olathe Trademark Attorneys & Lawyers
How it Works
Seth Wiener
Ross Brandborg
Scott Stram
Jake Siciliano
Michael Wieser
Rebecca Stacker
Chelsie Campbell
Troy Krich
Joshua Kushner
John Ray
Olathe Trademark Lawyers
Why use UpCounsel to hire a Olathe Trademark Attorney?
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Legal Services Offered by Our On-Demand Olathe Trademark Attorneys
Our experienced Olathe trademark attorneys & lawyers represent individuals and businesses with everything they need to secure and protect their trademarks. Our attorneys can help individuals with everything from trademark clearance searches to determine whether the desired mark is available for adoption, use, and registration. By reviewing the search reports thoroughly, they can conclusively determine the extent to which a mark is already being used and the potential success of filing a trademark.
Trademark licensing can be complex, but our trademark attorneys have experience drafting agreements on behalf of both licensees and trademark owners - thus allowing you to capitalize on your valuable intellectual property. Our Olathe trademark attorneys can also draft and file your trademark with the United States Patent and Trademark Office (USPTO), including Intent to Use and Use in Commerce applications.
Our attorneys can also help protect your trademark around the globe by assisting clients with filing trademark applications under the Madrid Protocol, which allows trademark holders to obtain protection in multiple countries by filing a single application.
Improve Your Legal ROI with Affordable Trademark Attorneys that service Olathe, KS.
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Intellectual Property Insurance
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What Is Intellectual Property Insurance?
Intellectual property insurance protects inventors and companies if they're sued for infringement by another company. The most common type pays for legal fees and monetary damages if you're found guilty of intellectual property infringement. Pursuit policy insurance is another form that helps pay expenses if you must sue someone for intellectual property infringement.
What Is Intellectual Property?
Intellectual property is divided into two categories:
- Industrial Property: This includes patents, trademarks, and industrial design.
- Copyright: This covers artistic works. Examples include books, films, music, paintings, photos, and sculpture.
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Read MoreUnderstanding Trade Dress and How to Protect It
- 18 min read
Key Takeaways
- Trade dress refers to the visual appearance and overall image of a product or service that signifies its source.
- It is protected under trademark law and can be either registered or unregistered.
- Trade dress must be non-functional and either inherently distinctive or have acquired distinctiveness through secondary meaning.
- Registration with the USPTO strengthens protection but is not required for enforcement.
- Litigation may involve proving non-functionality, distinctiveness, and likelihood of consumer confusion.
- Common mistakes include inconsistent branding and assuming immediate protection.
- Businesses should weigh trade dress protection alongside design patents or copyrights depending on the nature of the feature.
- Federal and state unfair competition laws can supplement trade dress claims.
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Read MoreKey Takeaways
- Copyright protects software code as a literary work, while patents protect software inventions and functional processes.
- Registering a copyright offers stronger legal leverage than relying on automatic copyright protections alone.
- Licensing plays a crucial role in defining how software may be used, shared, or modified.
- Copyright infringement in software ranges from unauthorized copying to selling pirated versions.
- International protection for software requires compliance with the laws of each jurisdiction or use of treaties like the PCT.
- Software licensing models (e.g., proprietary, open-source, and subscription-based) shape monetization and enforcement strategies.
Why Is Software Patent or Copyright Important?
A software patent or copyright is a legal way to protect your software source code, idea, or invention.
Every software developer or company has to choose between patent and cop
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Read MoreKey Takeaways:
- A trademark grants exclusive rights to a word, preventing competitors from using it within the same industry.
- Trademarking a word requires registration with the USPTO, though common law rights may apply to unregistered marks used in commerce.
- A strong trademark should be unique, arbitrary, or fanciful, rather than generic or descriptive.
- A thorough trademark search is essential before filing to avoid conflicts with existing trademarks.
- The trademark proc
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Read More