{"id":3734,"date":"2020-09-09T16:14:29","date_gmt":"2020-09-09T16:14:29","guid":{"rendered":"https:\/\/omnilegalgroup.com\/blog\/?p=3734"},"modified":"2020-09-28T07:04:06","modified_gmt":"2020-09-28T07:04:06","slug":"tips-for-obtaining-protecting-ip","status":"publish","type":"post","link":"https:\/\/omnilegalgroup.com\/blog\/tips-for-obtaining-protecting-ip\/","title":{"rendered":"Tips on How to Obtain and Protect Your Intellectual Property"},"content":{"rendered":"

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When you are building a business, it is important to establish an extensive intellectual property portfolio consisting of your registered trademarks, copyrights, and patents. Why? Because these are valuable assets that protect your products and branding from competitors. In addition, they represent your brand and often generate goodwill with consumers by developing your company\u2019s reputation. Considering the value of your IP, you need to take affirmative steps to protect your IP. Here is some sound advice on how to effectively protect your IP rights.<\/p>\n

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  1. Clear and Register Your Trademark with the USPTO<\/strong><\/li>\n<\/ol>\n

    It is extremely important to select a strong trademark. This means you need to find a business name, unique logo, and catchphrase that is not immediately descriptive or generic for the goods and\/or services that you offer under the trademark.<\/p>\n

    This strategic choice is most advantageous in that it can decrease the likelihood that another company may coincidentally use the same mark for similar products or service offerings. If you are not sure where to begin when selecting a strong trademark, it is in your best interest consult with an experienced and knowledgeable trademark lawyer<\/a> to discuss your options. Retaining the services of a trademark attorney can also help expedite the process since it is their expertise to conduct clearance searches to determine which of your possible trademarks will have the greatest chance of successfully obtaining a registration.<\/p>\n

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    1. Be Patient and Diligent<\/strong><\/li>\n<\/ol>\n

      Once you select a strong trademark and submit the application, the timeline to achieve registration is generally between 8-10 months. Yes, you read that correctly. It can take close to a year to successfully register a trademark. Hence, why it is so important to be patient and diligent in your pursuit of valuable IP. \u00a0Patience and persistence are also important because there is a chance that the United States Patent and Trademark Office will deny your application. You could even encounter opposition from a third party.<\/p>\n

      When your application is filed, it will take around three months for the initial review to be conducted by an examining attorney. From there, if your application is not denied or challenged, it will be forwarded for a publication period. During this period, which is usually thirty days, other parties have the opportunity to oppose your application should they have grounds to believe a registration may infringe on their trademark.<\/p>\n

      Following publication, your application returns to the examining attorney for a final review. Depending on the initial filing basis of your application, you will need to prove use of your mark for the registration certificate to be officially issued.<\/p>\n

      As you can see, getting a trademark registered is a fairly detailed and arduous process.<\/p>\n

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      1. Be Prepared for a Similarly Complex Process to Obtain a Copyright<\/strong><\/li>\n<\/ol>\n

        In addition to registering your trademark, it is important to obtain a copyright for your unique goods, services, and\/or works. When you have a copyright, it protects creative works, including:<\/p>\n