Whether one really needs an intellectual property lawyer

On Behalf of | Sep 2, 2021 | Intellectual Property |

There are many situations where New York companies and residents may have a need for an intellectual property attorney. Inventors and composers are not the only people who can benefit from IP legal help, and especially businesses that have an operational trademark they need to protect. As a matter of fact, the protection duties provided by an IP attorney are often enough to encourage any business owner to at least keep one in mind if they have registered trademarks or copyrighted company secrets that help keep their business successful. Intellectual property commonly gives certain businesses an edge on the competition, and protection can mean survival of that business.

Trademarks

The U.S. economy is indeed a copycat economy, as many competitors regularly imitate their primary competition. This can be problematic when a business owner uses signage as a method of advertising to attract business. Sometimes the infringement is subtle and cannot be claimed even when they are similar. Details matter with a trademark, and especially the distinguishing mark. Trademark registration requests can be complicated due to this very issue, and comprehensive representation of the registration request is often necessary for a timely trademark approval.

Patents

Patents have their own unique intellectual property law issues, as many are very technical in nature. The U.S. Patent and Trademark Office handles requests and takes a significantly long time in most cases before finally approving any patent submission. An experienced IP attorney can keep tabs on the progress of the patent approval and prepare a potential appeal if there is any issue. Appeals can be complicated legal matters, and an IP attorney understands what the USPTO expects for approval.

While it is not a requirement to have legal representation when applying for any intellectual property registration, it is clear that there are many benefits of having legal counsel when a request may be denied. There is an appeal process that can require going to hearings for an approval when the government has denied a request. It is always important to not only protect the financial resources invested in developing a product, but also see the request followed through completely as well in hopes of approval.