Intellectual Property
Discover a comprehensive range of legal solutions crafted to support your business throughout its journey in the realm of intellectual property. From trademark and copyright protection to terms of use and privacy policies, our expert team offers tailored services to empower your business vision.
With a commitment to affordability and transparency, we stand ready to be your trusted legal partner, ensuring your intellectual property rights are safeguarded every step of the way.
- INTELLECTUAL PROPERTY
Intellectual property (“IP”) can be one of the most valuable assets to any startups or growing companies, whether it is the customer goodwill associated with a trademark and brand, or a copyright over some original works of authorship. IP refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. IP rights are like any other property right. They allow creators, or owners, of patents, trademarks or copyrighted works to benefit from their own work or investment in a creation. Article I, Section 8, Clause 8, of the United States Constitution grants Congress the enumerated power “To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Traditionally, IP is comprised of four categories, copyright, trademark, patent and trade secrets.
- COPYRIGHT
One of the important Intellectual property is Copyright. Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings. Copyright law grants the owner of the copyright certain exclusive rights to protect the original works of authorship, such as books, films, and music. In the United States, federal copyright law protects a wide range of works, including–but not limited to–literary works; musical works and lyrics; dramatic works; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings; architectural works; and computer programs. Federal copyright law is set forth in Title 17 of the U.S. Code. Copyright law protects only the original expression set forth in those works, however, and not the underlying ideas, procedures, processes, systems, methods of operation, concepts, principles, and discoveries themselves.
- TRADEMARKS
One of the important Intellectual property is Trademark. A trademark is a word, a symbol, a combination of words and symbols, three-dimensional features such as the shape and packaging of goods, or non-visible signs such as sounds or fragrances, or color shades, which are used as distinguishing features to be placed on or associated with goods and services and used to identify those goods or services. When a symbol, picture, or other design is used as a trademark, it is often referred to as a “logo” or as the “brand.” A trademark informs the consumer that the product comes from a particular source and guarantees that the quality of the product will be the same as that of other products sold under that trademark. In the United States, trademark rights arise from use of the trademark in commerce and registration with the U.S. Patent and Trademark Office (“USPTO”) is not required. However, significant benefits arise from registering a trademark with the USPTO. Trademarks are governed both by common law and Title 15 of the U.S. Code. Trademark laws confer an exclusive right to use the trademark to trademark owners and allow trademark owners to license the right to use their trademarks to other parties in return for payment.
Patents
Other important Intellectual property is Patent. A patent is an exclusive right granted for an invention. Patent laws protect original, novel, and useful inventions. Generally speaking, a patent provides the patent owner with the right to exclude others from, among other things, making, using, or selling an invention that is claimed in the patent. In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document.
- TRADEMARKS
Carbon Law Group has a depth of experience in policing and enforcing our clients’ brands. We help our clients to develop and implement sound and cost-effective brand protection strategies tailored to each client’s unique needs online and offline.
Our attorneys help our clients protect the words, phrases, designs, logos, and other commercial symbols they use to identify their products or services in the marketplace. Carbon Law Group counsels its clients concerning the selection, availability, and use of trademarks, service marks, and trade names.
We have filed hundreds of trademark applications and we have been engaged with respect to advising on and clearing many more brand names and logos.
We can also assist clients with cybersquatting disputes under the Uniform Domain-Name Dispute-Resolution Policy (UDRP).
- WHAT WE CAN DO FOR YOU
- Pre-Registration
- Initial Name Clearance
- Search
- Analysis
- Application Preparation
- Monitoring
- Statement of Use
- Extensions
- Office Action Responses (and Insurance)
- International Trademark Filing
- Post-Registration
- Enforcement
- International Trademark Filing
- Trademark Trial and Appeal Board (TTAB) Oppositions and Cancellations
- Trademark and Trade Dress Infringement
- Domain Name Disputes
- Unfair Competition (State Law Claims)
- Cease and Desist Letter
- Trademark Litigation
- Trademark Monitoring Service
- Intellectual Property Audits
- FAQ
Trademarks identify the source or origin of a product or service. For example, “Chanel” is the trademarked name of a clothing brand, while McDonald’s “Golden Arches” and NBC’s multi-colored peacock are trademarked logos representing those companies’ brands. Trademarks are how consumers identify your brand and can be worth billions of dollars if adequately protected. Consider for a moment the aforementioned Chanel®, McDonalds® & NBC® – you can be certain they have a team of lawyers registering and enforcing their trademarks on a daily basis.
To trademark a name or symbol (usually a logo) that represents a product or service, you must first confirm that it isn’t already being used by someone else. Assuming the name or symbol you have in mind is available, it’s now a matter of whether it qualifies based on two primary defining criteria: (1) how distinct your name is, and (2) whether it could be confused with another brand already in use.
Here’s an example, let’s say you’ve come up with an incredible name for a new clothing line for athletes. First, you need to make certain the name is distinct and not merely a description of the product you want to trademark – for example: “RUN FAST SHOES.” Second, you need to be sure no one else in the marketplace is already using a similar name to identify their brand.
Confused? Don’t worry, Carbon Law Group is here to help. When you are ready to start the trademark process we will conduct a comprehensive trademark search identifying marks that could prevent your registration or undermine your rights.
While these sorts of reports are available from online trademark services, they simply churn out a list of search results and fall gravely short on analysis. At Carbon Law Group, our seasoned attorneys and paralegals prepare a comprehensive report that evaluates the legal significance of our findings to give
Sadly, even with the best search, you may have an aggressive brand opposing your mark even if the USPTO finds it worthy of registration. Carbon Law Group’s attorneys can help you fight for your trademark against trademark bullies or help you find a new name that is less susceptible to an opposition. No matter what, we are here to support you along the way and help you secure and build the strongest brand possible.
A Statement of Use is a declaration filed after your initial trademark application showing use in interestate commerce.
One of the primary requirements for trademark registration is that a mark is used in interstate commerce–meaning sales accross state lines. However, in contrast to other countries, the USPTO, has a special exception where trademark applicants can file under “intent to use” to preserve the rights to a name they are not currently using in commerce. There are, however, two caveats applicants must be aware of: (1) the filer has six months to use the mark from time the USPTO issues a “notice of allowance” (this time can be extended up to three years), and (2) there is a filing fee associated with filing the Statement of Use (or extension) (this fee depends on the number of classes in which you are using your mark).
Trademark infringement requires proving two main elements: (1) you have a valid trademark right, and (2) the unauthorized use of your trademark causes consumer confusion.
Enforcing you trademark against possible infringements is critical to the preservation of your trademark registration. This means taking proactive steps to protect your trademark through sending a Cease and Desist letter or filing a lawsuit. A failure to protect your trademark registration may jeopardize your trademark rights.
- EVERY BRAND DESERVES TO BE PROTECTED
Carbon Law Group has a depth of experience in policing and enforcing our clients’ brands. We help our clients to develop and implement sound and cost-effective brand protection strategies tailored to each client’s unique needs online and offline. Our attorneys help our clients protect the words, phrases, designs, logos, and other commercial symbols they use to identify their products or services in the marketplace. Carbon Law Group counsels its clients concerning the selection, availability, and use of trademarks, service marks, trade names, and trade dress.
We have filed hundreds of trademark applications and we have been engaged with respect to advising on and clearing many more brand names and logos.
We can also assist clients with cybersquatting disputes under the Uniform Domain-Name Dispute-Resolution Policy (UDRP).
- What Can We Do For You
- Trademark Registration
- Trademark Search
- Trademark Monitoring
- Trademark Statement of Use
- International Trademark Filing
- United States Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB) Oppositions and Cancellations
- USPTO Office Action Response PRO
- Trademark and Trade Dress Infringement
- Domain Name Disputes
- Unfair Competition
- COPYRIGHT
A copyright is used to protect original works of authorship that are embodied in any tangible medium. “Works of authorship” include literary work, song, movie, visual arts, sound recordings, drama and other audiovisual works, architectural works, and computer programs. A copyright holder’s exclusive rights include the right to reproduce the work, to prepare derivative works, to distribute copies, and to perform and display the work publicly. As experienced Copyright and DMCA Lawyers, our copyright practice represents companies, investors, and individuals who create, own and manage copyrightable content. Our Copyright and DMCA Lawyers work hard to provide our clients with comprehensive solutions and practical advice to ensure that they are in the best position to develop, maintain, and protect their copyrightable content.
A copyright may be registered with the U.S. Copyright Office. Although it is not necessary to register a work to establish a copyright in the work, registration provides important benefits. Still have questions? Our experienced Copyright and DMCA Lawyers are here to help. (To learn more about the importance of copyright registration, check out our blog post.
- Carbon Law Copyright Counseling and Registration Services Include:
- Copyright counseling, registration, clearance, and protection.
- Applications for registration of a claim to copyright
- Providing legal opinions on copyright protection, fair use, infringement, ownership and title, notice, security interests, and foreign protection.
- Joint-development agreements, assignments, rights clearance, and distribution agreements
- Draft content licensing and content ownership agreements
- Negotiation and preparation of copyright licensing or assignment agreements
- Internet And Social Media Copyright Issues
Internet and social media-related copyright law is a specialty of Carbon Law Group. With the rapid growth of digital media and the Internet, there has been an increased need for digital content creators and distributors to develop a comprehensive strategy to protect the labor of their hard work against unauthorized mass distribution or reproduction online.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) allows copyright holders to issue a DMCA takedown notice when they learn of a copyright violation to the content they own. This is a well-established law followed by website owners and internet service providers in the U.S. to protect the copyrights of content owners. Any owner of copyrightable content has the right to process a takedown notice against a website owner or an Online Service Provider (e.g. ISP, hosting company etc.) if the content owner’s intellectual property is found online without their permission. Unlike copyright litigation, although the DMCA is part of the U.S. Copyright law, a DMCA takedown does not require the content to be registered with the U.S. Copyright Office in order to process the takedown and for the content to be taken down.
If there is anything you created that is being used online without your permission, we can help you get it taken down fast! We understand that time is of the essence in these situations and you must get your stolen content taken down quickly. Simply complete our takedown form and get your case started with Carbon Law Group.
- FOR WEBSITE
A Privacy Policy and a Terms of Use (also known as a Terms and Conditions or a Terms of Service) are vital components of any mobile application, desktop application, e-commerce store, and SaaS business. Specifically, a Privacy Policy is required by law if the applications, e-commerce store, or SaaS business collects personal data from its users. Personal data includes information that can identify an individual, such as name, email address, billing and shipping address, credit card information…etc.
- “I CAN JUST COPY ONE I FIND ONLINE, RIGHT?”
Privacy Policy and Terms of Use are not one-size-fits-all documents. One of the most common mistakes a business can make is posting a Privacy Policy that does not provide an accurate overview of the business’s privacy-related practices. This often happens where a privacy policy is copied and pasted from another website or from one of the “privacy policy generators” available online. A Privacy Policy, however, only provides real legal protection when it is a “say what you do; do what you say” document that accurately reflects how a company collects, stores, uses, shares and if applicable, protects customer or visitor data. Furthermore, having an inappropriate Privacy Policy is as bad, if not worse, than not having one at all. When an improperly drafted Privacy Policy is used, the business also risks the Federal Trade Commission (FTC) taking action against it for “deception” whenever the Privacy Policy contains inaccurate data and does not correctly reflect and describe what actually happens with personal data collected through the business.
On the other hand, a Terms of Use is a contract between a company and the users of its services, website or product, which should contain provisions that will provide it legal protections such as disclaimers of liability and warranties. It seems obvious to state it is a bad idea to sign a contract without truly understanding its terms, and an even worse idea to willingly enter into a contract drafted for another company’s unique needs and concerns by “borrowing” another company’s Terms of Use to use for your own business. Only an attorney that takes the time needed to truly understand how a company’s services, app, website or products function, can effectively advise on how to ensure a Terms of Use is effective, including all the protections necessary and legally binding. A well-drafted Terms of Use can function as a form of insurance against the many hidden risks and nefarious parties looking to exploit non-compliant businesses.
At Carbon Law Group, we can help you create a Privacy Policy and a Terms of Use that are specifically tailored to your business’ unique needs and concerns. Our attorneys take the time to truly understand your business and communicate to your web developers to ensure the accuracy of the documents drafted. We draft our Privacy Policies the right way, to truly reflect our clients’ specific data collection practices, and help them avoid FTC investigations, class action user lawsuits, or both. When a business has both a well-drafted Privacy Policy and a tailored-made Terms of Use, it can ensure its business is legally compliant, legally protected, and its users properly informed.
- Carbon Law Group is experienced in addressing concerns about:
- CalOPPA: California Online Privacy Protection Act
- GDPR: EU General Data Protection Regulation
- CCPA: California Consumer Privacy Act
- The Privacy Rights for California Minors in the Digital World Act (Eraser Law)
- California Business Code
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