Austin Copyright Attorneys & Lawyers

Patent Law: What Is It?

Patent law is part of intellectual property law and controls what inventions qualify for patents, the patent application process, and how patent infringement is handled.

If you want to get legal protection for your inventions, you should understand the basics of patent law. It may also benefit you to have some knowledge of overall intellectual property law, the background of patent law, what requirements an invention must meet before it qualifies for a patent, and some of the issues that make patent law difficult to navigate.

What Is a Patent?

A patent is a property right that gives an inventor the legal abilit

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How Do You Register a Trademark?

Registering a trademark, which protects a phrase, logo, symbol, design, domain name, or other word that is associated with your business, requires filing an application with the United States Patent and Trademark Office (USPTO). A trademark typically applies to a product, while a service mark typically refers to an available service. Using a service mark indicates that all services with that protected mark come from the same company or source. Before you file the application, you should perform a thorough search of existing registered trademarks

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Updated November 12, 2020:

What Is a Common Law Trademark Search?

A common law trademark search is the most comprehensive trademark search that a company can conduct. It involves searching through databases, news, business, and public records, legal and financial records. Your goal in a common law trademark search is to find out if someone is using a similar trademark, even if the mark isn't registered in the Patent and Trademark Office (USPTO) database.

Registered Trademarks vs. Common Law T

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What Is Trade Counterfeiting?

Trademark counterfeiting refers to when an established trademark is placed on a product or service that is not one of the legitimate goods offered by the trademark owner. The federal Trademark Act, also called the Lanham Act, prohibits such counterfeiting.

In the United States, counterfeiting laws are becoming more and more favorable for those who own trademarks. Case law is growing substantially when it comes to the 1984 amendment to the trademark counterfeiting provisions of the Lanham Act. Owners of trademarks in the United States can depend on the law to help protect their marks from counterfeiters.

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What Are Trademark Colors?

Trademark colors are the specific shades and hues registered to a particular brand.

Why Trademark Colors Matter

Colors can make people think or feel a certain way about a product. A color can be associated with products in a literal or an abstract way to produce certain psychological effects. Blue, for example, can be used for frozen, cool products, while green is often used for healthy or organic choices. Certain colors can be considered to work together or be particularly aesthetically pleasing. Green and yellow are closely related, so they appear to be harmonious. Vibrant and eye-catching colors can produce certain visual effects. Some colors grab the audience's attention right away

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