Intellectual Property
What is Intellectual Property?
Intellectual property (IP) is a set of legal rights that protect people’s ideas and creations. Inventions, scripts, songs, movies, logos, or even business methods can be protected. When someone creates something, intellectual property registration can be used to protect it. This means that they can be given the exclusive right to use and profit from their creation, and others cannot use it without their permission. IP is divided in to 4 main areas: Patents protect inventions; Trademarks protect brands, business names and logos; Copyrights protect creative works like books, lyrics music, and movies; and Trade Secrets protect confidential business information. If you are a creator, user or owner of intellectual property, it is important to understand your rights and how to protect them.
Intellectual Property Services
Corporate Law for Businesses and Entrepreneurs
Who We Represent
Whether you are an aspiring entrepreneur or a seasoned professional, we can equip you with the necessary resources to excel in the world of intellectual property. Our services cater to individuals and businesses in a diverse range of fields, such as film, television, theatre, live entertainment, music, sports, social media, and publishing. We represent a broad spectrum of creative professionals, including producers, directors, actors, dancers, models, singers, musicians, athletes, agents, managers, choreographers, composers, writers, photographers, journalists, influencers, and various other artists and innovators.
What We Do
Our IP lawyers can provide legal consultations to guide you on copyrights, trademarks, patents, trade secrets and related agreements. Our team can provide support at every stage of the process. We can help with licensing and assignments, copyright and trademark registrations or terminations, infringement, and protecting or promoting the ideas that propel your business or career.
Copyright law prohibits the unauthorized use of someone’s original work. A work is automatically protected by copyright as soon as it is created and fixed in a tangible form. However, creators may want to consider registering their copyright to obtain additional advantages for effectively enforcing their rights against infringers.
A trademark is a word, symbol, design, slogan, or phrase that serves as a source identifier. It helps consumers recognize and differentiate the goods or services offered by one business from those of others. Businesses often invest substantial resources in their branding efforts to establish a stronger source identifier for their products or services. Trademark law sets guidelines for creating a valid mark and empowers owners to protect their rights against those who try to use their trademarks or similar marks that could confuse consumers or weaken their brand value. As business owners, it is crucial to safeguard and enforce your trademark rights against potential infringers.
Copyright law acknowledges the rights of creators to safeguard their original works from unauthorized use by others. Consequently, individuals who exploit copyrighted material without permission face considerable legal consequences. Nevertheless, it’s important to note that not all creations are eligible for copyright protection, and there exist various defenses against claims of copyright infringement.
Frequently Asked Questions
How much does it cost to file a patent, trademark or copyright?
Costs depend on what you are protecting and how complex the application is. Government filing fees are set by the United States Patent and Trademark Office for patents and trademarks and by the United States Copyright Office for copyrights. Legal fees vary based on drafting, searches and responding to examiners during prosecution. After approval, patents and trademarks require periodic maintenance filings and fees. Romano Law offers flat rate structures to help clients budget these steps more predictably.
How can I find out if someone already owns a patent or trademark like mine?
You can start by searching the databases maintained by the United States Patent and Trademark Office or using tools like Google Patents. These searches show registered rights but they do not tell the whole story. Trademark rights can arise from use in commerce even without registration. Similar names or designs can still create a likelihood of confusion. A professional search and legal review can help identify potential conflicts early on.
When should I file for intellectual property protection?
Timing matters. Filing too late can limit or eliminate certain rights. In the United States, public disclosure of an invention starts a one year clock to file a patent application. For trademarks, rights begin through use, but federal registration makes it easier to enforce your rights in court. Copyright exists automatically when a work is created, but registration makes enforcement far more practical and cost-effective. Across these situations, the general rule is that the best time to consult an IP attorney is before you go public with your product, brand, or creative work, not after.
What rights do I gain once my IP is approved?
Approval grants exclusive rights based on the type of intellectual property. A patent allows you to stop others from making, using or selling the invention for a limited time. Trademark registration protects your brand for specific goods or services and can last indefinitely while in use. Copyright registration confirms rights to reproduce, distribute and license creative work. Across all types of IP, approval is not the end of the story. Rights must be actively monitored and enforced to prevent infringement.
Book an Appointment
For more information on our Intellectual Property Law services, or to speak with an experienced Corporate Law attorney.