Denver Trademarks and Trade Secret Lawyer

Types of Intellectual Property We Can Help With

Intellectual property is an overarching term for creations of the mind that can be protected under the law.

The Denver business transaction and commercial litigation lawyers at Lantz Law Group can help your company in three areas:

Trademark

A trademark is a symbol, word, or group of words a company uses or registers to establish ownership. You can trademark icons, products, images, slogans, or even shapes of products. Registering a trademark gives you exclusive rights to use that trademark.

Trademarks can be established through their use, but this method offers only limited protections in specific geographic areas. For nationwide rights and protections, trademarks must be registered with the United States Patent and Trademark Office (“USPTO”). If you are marketing your products or services internationally, you will need to protect your trademarks in the countries where you plan to do business or expect to do business. Lantz Law Group’s Denver trademark lawyers can help you make a plan for registering your trademarks internationally.

Trade Secrets

A trade secret is any information that gives your business a competitive advantage over its rivals and is unknown to the public. While trade secrets fall outside of formal intellectual property such as patents, copyrights, and trademarks, it is similar in the sense that trade secrets can include formulas, processes, methods, techniques, designs, customer lists, marketing strategies, or any other confidential data that is valuable to the owner and is kept secret.

Unlike patents, copyrights, and trademarks, intellectual property laws do not protect trade secrets. Instead, trade secrets are protected by contract, tort, and state laws that vary from jurisdiction to jurisdiction. Trade secrets are essential for businesses because they can provide a significant competitive edge, increase the value of the business, and foster innovation and creativity.

Copyrights

Copyright law protects written works, software, art, and music from unauthorized duplication or use.These rights are exclusive, meaning the owner can exclude people and businesses from using the copyrighted work. The U.S. Copyright Office registers copyrighted work.

Sometimes, problematic uses involve straight copying. But in many cases, a dispute arises over similar but not identical uses. The copyright on a work can cover non-identical but substantially similar uses. As a result, the copyright owner can send a cease and desist letter for a broad range of uses that stretch the definition of “substantially similar.” “Substantially similar” generally refers to a level of similarity where an ordinary observer would recognize the second work as being derived from or closely resembling the original

Certain infringing uses fall within an exception to the Copyright Act known as “fair use” which allows the use of copyrighted materials in minor ways consistent with the principles of free speech. Our Denver copyright lawyers are well-versed in copyrights, trademarks, and trade secrets from creation to litigation.

Trademark and Trade Secret FAQs

How can I find out if a trademark is registered?

You can search for free at the USPTO website. However, many trademarks can be similar looking but not exact. Or they may use similar wording or phrasing. To conduct a more effective and thorough search that reduces your chances of infringing on another party’s rights, consider enlisting assistance from Lantz Law Group.

Can my trademark expire?

Your trademark can theoretically last forever. However, you must ensure that you renew and actively use it. A federal trademark lasts ten years, and can be renewed every ten years indefinitely.

How long do trade secrets last?

Trade secrets can last indefinitely as long as the information remains confidential and continues to provide a competitive advantage. Unlike patents, which have an expiration date, trade secret protection does not expire unless the secret is revealed.

Can employees be required to protect trade secrets after they leave a company?

Yes, many companies use non-compete, non-disclosure and confidentiality agreements to prevent former employees from disclosing or using trade secrets after they leave. These agreements can restrict employees from sharing sensitive information with competitors or using it in their own ventures.

Can a trade secret be lost?

Yes, a trade secret can be lost if it is disclosed publicly, either accidentally or intentionally, or if the company does not take reasonable steps to maintain its confidentiality. Once a trade secret becomes public knowledge, it loses its protection under the law.

How are intellectual property disputes resolved?

Trademarks, copyrights, and trade secret disputes may be resolved through negotiations, arbitration, or litigation. How a particular issue is resolved depends on the type of rights violation, the parties involved in the dispute, the contract terms, and additional factors. Our business lawyers are effective negotiators and litigators who work hard to achieve beneficial outcomes for their clients.

Contact a Lawyer for Intellectual Property in Denver Today

Like most business owners, you have likely worked long hours and committed extensive financial resources into building your company. We can help you protect what you have built — by protecting your intellectual property via trademarks, copyrights, and trade secrets. The Lantz Law Group also understands that growing your revenue will set you on a stronger path to ongoing success. Our business lawyers in Denver can guide you in monetizing your intellectual property to increase the value of your business.

Call 719-212-2022 today or fill out our online contact form to learn how our Denver intellectual property attorneys can help you.

The Lantz Law Group represents businesses throughout the Denver metro area and the state.