Intellectual Property and THW Law

What is Intellectual Property?

Intellectual property handles ownership of certain ideas, inventions, trade secrets, patents, copyrights, trade dress, service marks, trade marks, or trade names, and also the legal or illegal use of this property. The four main kinds of intellectual property are:

Trademark

A trademark could be a logo, name, symbol, design, or device used to differentiate a product or service of one business from that of another. Example: Nike's swoosh. Ownership of a trademark is produced not by registration, but by use in commerce. Generally, registration of a trademark is not needed. However, registration with the U.S. Patent and Trademark Office has certain benefits. Protection of a registered trademark lasts for ten years after registration, and it is renewable.

Patent

A patent is definitely the right to exclude others from making, using, selling, or recording an invention or discovery, including new and improved products and processes. Patents may be registered in foreign countries, last for twenty (20) years, and are renewable. But, if the patent expires, distinctive rights to use, sell, or import the invention or discovery is lost. Unlike trademarks, patent rights really do not exist unless and until the patent is registered.

Trade Secrets

Trade secrets (included in state instead of federal laws) include formulas, patterns, compilations, programs, devices, methods, techniques, or processes, which includes some economic value because of its not generally known or readily discoverable by competitors. The owner should also use reasonable efforts to keep the secrecy of the trade secrets. Trade secrets cover a much broader array of marketable ideas than patents, and they steer clear of the expensive patent registration process. Unlike patents, a legitimate trade secret lasts so long as you use reasonable efforts to keep it secret. Examples of a trade secret comprise of Coca Cola's formula for its soft drink, customer lists and files, software source code, strategic business plans, annual operating plans, marketing plans, machine designs, customer information, pricing lists, bid information, profit margins, etc. Reasonable strategies to secrecy can include computer passwords, locked file drawers, confidentiality agreements, etc.

Copyright

A copyright safeguards original works of authorship including literary, dramatic, musical, and artistic works, including poetry, novels, movies, songs, computer software, television shows, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, even though it may protect the way these things are expressed. Just like a trademark, a copyright is established when the work of authorship is created. Unlike a trademark, to be able to file a lawsuit for infringement of a copyright, the copyright must first be registered.

Do I Need an Intellectual Property Attorney?

Idaho Intellectual property attorneys cover an extensive area of legal issues involved with contracts, patents, trademarks, copyrights, trade secrets, trade dress, agreements, and other related issues. There are numerous pitfalls that a qualified intellectual property attorney can help you avoid, and many benefits a Idaho intellectual property attorney can help you acquire. If you are associated with any of the above intellectual property issues, or even if you are wondering whether any of your ideas, works, business names, designs, or logos, or other information, is or could become qualified for legal protection, you ought to consult with a qualified THW Law intellectual property legal professional.