For a business to succeed, it is not enough to have only a great team and vision. You also need to differentiate yourself from others with a unique brand, product or service, and trade practices. A unique brand name and offerings can make people curious about what is on offer, and because of this value, it is important to protect your intellectual property. In areas such as Boston, where innovation, business, and competition thrive, establishing your intellectual property is a must before you start promoting your business.
At David R. Mullany, Esq., our Boston intellectual property law attorneys are ready to assist you in securing, protecting, and enforcing your intellectual property rights. With us handling this complex procedure for you, you will have more time to focus on innovating and growing your business without worrying about anyone threatening your IP, no matter how simple or complex it may be.
Call David R. Mullany, Esq. at (978) 549-8900 for a Free Consultation.
What is Intellectual Property?
Intellectual property (IP) refers to any creation of the mind, such as art, literature, designs, inventions, names, commercial images, and trade secrets. These creations are protected by law through copyright, trademark, and patent laws, preventing others from utilizing or profiting from these properties without consent.
Types of Intellectual Property
There are four major types of intellectual property that businesses must be familiar with as they establish their operations and create their offerings.
Trademarks
Trademarks are protections given to words, symbols, designs, or phrases that are used to identify or differentiate a product or service owned by one entity from those used by others. Trademarks and service marks are the two types of trademarks, with trademarks used for goods and service marks used for services. Trademarks and service marks do not require constant renewal as long as the owners continue to use them for business purposes and indicate their source.
Registering trademarks can be done with the United States Patent and Trademark Office (USPTO), and the application must detail the nature of the trademark. The application will be reviewed to see if it meets the requirements for either a trademark or service mark. If it is approved, a registration certificate will be issued. Once the trademark is registered, the owner will have exclusive rights to use the trademark or service mark for commercial purposes, and others may not use these trademarks without permission.
Copyrights
Copyrights enable owners the exclusive right to copy, adapt, distribute, display, or perform any creative piece. This creative work may be artistic, musical, literary, or educational in nature, such as videos, songs, photographs, books, and more. The creative work that will be copyrighted must be made by the author themselves and must be recorded either through writing, video, or in a computer file. Copyrights last throughout the author’s lifetime plus an extra 70 years.
Copyrights do not need to be registered with the US Copyright Office because they are automatically granted in the country. However, copyright owners will gain significant benefits from registering their copyright, as it will allow owners to take legal action against anyone who attempts to use their copyright without permission.
Patents
Patents are protections that give a creator or an owner of an invention—whether a product or a process—the rights to prevent others from using their invention for a limited period. Filing for patents requires owners or inventors to fully disclose the details of their invention and pay a significant sum for the patent. It must also be renewed regularly, which may not be ideal for businesses that wish to save on costs.
Patents are divided into three types: utility patents, plant patents, and design patents. Utility patents are the most popular, as they protect the functionality of the invention or process. Design patents focus on the appearance of the product. Finally, plant patents are for inventors who have created or discovered a new type of plant.
Trade Secrets
Trade secrets give owners the exclusive right to use, reveal, or sell specific business information, such as formulas, manufacturing techniques, marketing plans, customer data, and other similar data.
While owners do not need to register to enjoy the protections provided for trade secrets, it must meet strict criteria in order to be considered a trade secret. Trade secrets must not be information that the public is aware of. They must have economic value for the owners and must be kept confidential. If these criteria are met, owners can sue anyone who attempts to misuse or usurp these secrets.
Why IP Law is Important for Boston Businesses
With Boston being a top destination for businesses due to its openness for innovation and research, understanding Boston intellectual property law and utilizing it ensures that businesses can benefit from their creations or inventions. People will know that these creations or inventions are from your business if they are properly registered. Businesses also have full control as to who can use the IP, and if they plan to sell it, they will be able to do so without reducing its value.
Businesses will also be more protected from anyone who attempts to use your IP without your consent. Without it, it will be hard to seek reparations from those who use the IP without consent. People will also confuse the business with others because they do not know that the business truly owns the IP and not a copycat.
How Can Our Boston Intellectual Property Law Team Assist
No matter what type of IP your business wishes to register and utilize, David R. Mullany, Esq. is ready to provide you with the right legal support which will help you with your business goals.
Down below are ways on how our Boston, MA business law firm can help you with your intellectual property needs.
Trademark Protections
- Trademark Search and Registration - When you approach us for your trademark application, we will look into the possible challenges for your application, such as similar trademarks, or specifying the details of your trademark application. We can also look into whether your intended trademark has been used or if it will need tweaks before it can be registered with the USPTO. Once the details are ironed out, we can prepare your application and submit it for you.
- Trademark Maintenance and Enforcement - Once your trademark is registered, you can trust David R. Mullany, Esq. to help you enforce your trademark. We will take note of any potential infringement and draft the cease-and-desist letters that will be sent off to those who have infringed your trademark. If the infringement continues, we can represent you in court and fight for your rights as the trademark owner.
- Brand Expansion and Licensing - If your business is expanding and you wish to license your trademark to franchisees or other similar parties, our lawyers can assist with creating the licensing agreement and ensure that once it is signed, the other party abides by its clauses so your trademark is used according to your wishes and earn profit.
Copyright Protection
Copyright Registration - If you intend to register your copyright with the US Copyright Office, we can assist you in registering it and ensure it does not clash with another copyright.
Copyright Licensing and Transfer
David R. Mullany, Esq. can also assist in helping you license or transfer your copyright to others. We can draft the agreements to make this possible and ensure that you have the final say as to how your copyright should be used once the license is given or transferred.
Infringement Prevention and Dispute Resolution - Any copyright infringement case has serious impacts on businesses and when this occurs, we can immediately mobilize to enforce your rights. From sending cease and desist letters to bringing the case in court, our team will make sure your rights as the copyright holder are protected.
Patent Protections
- Patent Searches - Want to make sure that your patent is unique and won’t meet any problems once you register? David R. Mullany, Esq. can look at the existing copyright database to determine if your copyright application will push through
- Patent Enforcement - You can trust our lawyers to help you enforce your patents and understand the protections provided to you by federal and state patent laws.
- Patent Infringement - If there is any violation to your patents, our lawyers can serve as your legal representative during the federal or state proceedings. We can seek the appropriate damages during these proceedings based on the level of patent infringement committed.
Trade Secret Protection
- Non-Disclosure Agreements - As part of your employees’, vendors’ and business partners’ contracts, it must have a non-disclosure agreement embedded into it to protect your trade secrets. Our lawyers can create custom NDAs that will protect your business and ensure that no one will reveal your trade secrets without consent.
- Internal Confidentiality Policies - Your business’ internal policies can also help protect your trade secrets. We can assist with drafting these policies to ensure that only the right individuals have access to sensitive information and how your information can be protected internally.
- Trade Secret Enforcement - If someone attempts or has revealed your trade secrets, you can trust us to act swiftly to seek damages and stop further trade secrets from being leaked to others.
David R. Mullany, Esq.’s Dedicated Business Legal Services
Our Boston, MA business law firm has been working with many businesses across the city to assist them with all their business legal concerns. From startups to large corporations, we are more than happy to make business law easier to understand and utilize for your business’ needs or concerns. We guarantee that our legal services will be tailored to your business’ needs whenever you need it.
Do you want to prevent any legal challenges from affecting your operations? You can ask our team to review your current protocols and see how current trends can affect its effectiveness before enforcing the right legal actions. We can also teach you how to identify any legal challenges that may affect key aspects of your business that you should be aware of. If something does happen, we can mobilize immediately to protect you and your business.
Partner with a Boston Intellectual Property Law Team For Your IP Concerns
Your business’ intellectual property should always be protected because, without it, it will be hard to differentiate your business from its competition. With David R. Mullany, Esq. as your Boston IP law attorneys, you can get your intellectual property registered and use the protections provided to prevent anyone from using it without your consent. Our team will make sure that the registration, enforcement, and negotiation process runs smoothly so it does not affect your operations in any way.
Ready to get your intellectual property registered and safeguard it? Contact our hotline at any time for a free consultation. We’ll be ready to explain our services to you and get the process started so you can protect your IPs at all times!
Call David R. Mullany, Esq. at (978) 549-8900 today for a Free Consultation.