Posts Tagged “Intellectual property”

When you are considering getting patents, it is essential to find and employ a good patent lawyer right at the outset rather than only after a violation takes place. A lawyer will, to start with, provide advice on acquiring the patent, tell the customer how to protect his patent from unscrupulous people and in case of infringement, represent the patent holder legally in court.

The patent filing and registration process is normally a very time consuming and arduous one. Therefore, the necessity for an expert and capable lawyer is felt keenly. But, before you choose a lawyer, you have to ensure that the person has complete knowledge of the procedures involved, and is also familiar with the invention. For instance, a lawyer who hails from a field like software, may not be very familiar with the patenting needs for medical products.

The second factor that an inventor has to consider while hiring a patent lawyer is his past record of successes and failures with previously filed patents. The qualifications of the lawyer you select can be determined by the number of patents given or rejected from the ones that he had applied for. By doing this, you can determine how effective the lawyer is and if you have a good likelihood of success in your patent application because only a competent patent lawyer can ensure that your application does not have any loopholes.

With an ever increasing number of young lawyers working in the area of patents nowadays, it is not difficult to find one who is suited for your work and whose remuneration will be well within your budget.

You must also ensure that you do not keep changing lawyers too often unless there are serious difficulties as in case of any legal problems that might arise in future due to an infringement, working with the same lawyer who knows the entire history of your patent and case will help immensely in pursuing your case.

Discover more about Trademarks and learn how does an Patents protection increase the net worth of your business very fast.

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The term trademark stands for certain logos or words that distinguish the products of one company from the other. The prime function of trademarks is to prevent the customers from getting confused about the origin of an item that they intend to buy.

One of the key requirements for a trademark is that it must be distinctive, which means it must be exclusive and recognizable. This uniqueness of trademarks is determined by dividing them into four basic categories – descriptive, suggestive, arbitrary or fanciful, and generic.

A descriptive mark uses a particular feature or quality of a commodity to differentiate it from other products of its kind. However, marks that are descriptive are not as unique as some other marks and hence, they are not generally capable of being trademarked. however, if the mark has acquired a secondary meaning that is more well known among the consumers, it can be trademarked.

Suggestive marks are those which indicate a particular quality of the product. However, the relation between the name and the product is not obviously perceptible and it might need a little bit of imagination on the part of the customers to understand it. For instance, the product name known as ‘Hush Puppies’ points to a comfortable shoe range that makes sure that your feet do not become sore. The creative reason behind the brand name is that the problem of sore feet is known as ‘barking dogs’ in certain American states.

On the other hand, arbitrary marks are those that are in no way related to the commodity. For instance, the use of trademark ‘Apple’ with a logo of a half bitten apple is in no way related to the computers marketed under the mark. Arbitrary marks are those marks that are not used in current languages and have come from the imagination of the producer, like ‘Exxon’.

Finally, generic marks are those that represent a general category of the product such as ‘olive oil’, and they cannot be granted any protection under trademark laws.

Discover more about Trademarks and learn how does an Patents protection increase the net worth of your business very fast.

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