Intellectual property (IP) concerns ownership of what the mind creates. There are four areas of protection for your IP, and Garrity Weiss, P.A.  can help you protect it so you can enjoy the maximum rights and benefits of your mental energy.

The first step in protecting your business from intellectual property theft is to protect your IP – both in the United States and in other countries where you do business and source products. Most rights are territorial, meaning, for example, a U.S. patent or registration only provides protection in the United States. To receive intellectual property protection in other countries, you need to apply for protection in those countries.

Trademark

What is a trademark?

A trademark is a mark, such as a name or symbol, that designates the source of a good or service. It is what a business uses to distinguish its products or services from those of its competitors. A trademark can be your strongest weapon against the competition, and our team of lawyers can help you wield it.

How do I register a trademark?

Trademarks are registered with the U.S. Patent and Trademark Office (USPTO). There, applications are reviewed to ensure they meet certain federal requirements, such as uniqueness. Garrity Weiss, P.A. can work with the USPTO to register your trademark.

How can I protect my trademark internationally?

Trademarks are registered on a country-by-country basis, and there is no true international protection for a mark. However, if you are a qualified owner of a mark registered with the USPTO, or have a pending application, you can seek a form of international registration through the Madrid Protocol. Filing a single application with an international organization can have the same effect as registering one-by-one in each of the countries that have joined the Madrid Protocol. Our team of lawyers can coordinate with the International Bureau of the World Property Intellectual Organization and USPTO to ensure the strongest international protection available for your mark.

How do I stop someone from using a trademark similar to mine?

The strength of a mark in the marketplace greatly depends on its distinctiveness. If someone else’s mark is too similar to yours, you may choose to take action to safeguard your mark. There are a number of avenues available, and we at Garrity Weiss, P.A. will work with you to choose the best approach to protect your rights.

Trade Secrets

What is a trade secret?

A trade secret is information unknown to the public that your business depends on keeping confidential.

How can I protect my trade secrets?

Whether it’s technical information or information on how your business operates, protecting trade secrets comes down to controlling access. Courts impose heavy burdens on a party wishing to keep its trade secrets confidential, often requiring the showing of a comprehensive protection policy. Such a policy requires a varied approach of restricting access to information, creating confidentiality policies, and nondisclosure agreements with employees. Garrity Weiss, P.A. can customize an approach based on your business needs to create the strongest plan possible to ensure your secrets stay that way.

THE ROLE OF INTELLECTUAL PROPERTY IN FRANCHISING ARRANGEMENTS

Franchise Companies should inventory their IP. Examine your business to see what might be eligible for a patent, registration, copyright or trade secret status.

Once it is known what intellectual property a company possesses, you can review your options for protecting that IP, at home and abroad. Do some research into whether foreign export markets or sourcing locations have signed patent or registration agreements with the United States. Find out if companies similar to yours have experienced IP problems abroad. Do your contracts with suppliers and other partners include specific clauses protecting your rights? Do you know your foreign business partners well?

Finally, do a cost/benefit analysis to determine which protection measures make sense for your business. Then consult an intellectual property lawyer.

Franchising is a sophisticated form of licensing in which the franchisor licenses its Intellectual Property e.g. its registrations, trade dress, copyright, know-how, trade secrets, business concept, methodologies and if relevant designs and patents to the franchisee. It is one of the most effective means of utilizing Intellectual Property (IP). As with any use of IP, an infrastructure that enables successful protection and enforcement of IP is crucial. If you are looking for an IP attorney in Florida, Garrity Weiss, P.A., can provide you with all the services necessary to protect your IP. A good lawyer is necessary to help you navigate the complex laws concerning intellectual property.

Copyright

What is a copyright?

Copyrights protect an expression of ideas that takes a fixed form. Examples of works protected by copyright range from paintings and novels to a business’s training manuals and marketing materials. Copyright gives you the ability to control aspects of the use of your creation, such as restricting who can make copies of it.

Do I have to register anything?

Registration is not required to have a valid copyright. As soon as you create something, you own the copyright. However, there are numerous advantages to registration. Registration with the U.S. Copyright Office gives you a significant advantage if there is ever a dispute of ownership, and you have more options for remedies if you ever have to file a lawsuit to protect your work. At Garrity Weiss, P.A.  we can help you take the steps necessary to obtain the strongest protection possible for what you’ve created.

Is my copyright valid internationally?

Unfortunately, there is no “international copyright” protection. Instead, protection of your creation is different on a country-by-country basis, with each having its own domestic copyright laws. However, some countries do recognize copyrights from other countries through international treaties and conventions. A list of nations and description of their copyright relations with the U.S. can be found here http://www.wipo.int/treaties/en/registration/pct/

Patents

What is a patent?

A patent is a form of protection that gives an inventor exclusive rights over a new device or method. A related concept, design patents, governs the ornamental design of a utilitarian item, such as the appearance of a bottle.

What can I do to enforce my patent rights?

The most powerful way to safeguard your patent rights is through litigation in the federal court. Our experienced team at Garrity Weiss, P.A.,  is well versed in federal court practice and can help ensure you get the most from your patent rights.

Garrity Weiss, P.A., can help you every step of the way.