Intellectual Property Law

IP Law Legal Services in Chicago, Illinois 

Trademark Services

Branding is the public face of every business. As such establishing and maintaining a strong brand is crucial to a business’s success. Choosing, and securing rights in, a trademark(s) is essential to successful branding. Securing the rights in a trademark(s) is one of the best preventative and proactive actions you can take to protect your brand in the long run, rather than taking a reactionary approach and waiting for issues to arise. It is extremely important to conduct your due diligence and check the availability of a mark before you commit your resources to adopt the mark and building your brand around the potential mark. Retaining an experienced trademark lawyer will help ensure that these steps are competently and quickly undertaken.

Trademark Services are broad and may include any or all of the following: 

  •     Search and Clearance, with an attorney-drafted memo of the results of the search.
  •     Trademark Registration Services
  •     Responses to office actions
  •     Trademark Assignment Recordation & Drafting
  •     Trademark Renewal Filing Services
  •     Monitoring & Enforcement

Protecting your brand is more than just filing for a trademark. One must be vigilant in protecting their mark in order to maintain their rights. This includes monitoring for improper use of the trademark to initiating campaigns challenging pending trademark applications through opposition proceedings. Opposition proceedings are adversarial proceedings that take place before the Trademark Trial and Appeal Board (a department of the U.S. Patent and Trademark Office, a federal government administrative agency). Protecting your brand while navigating opposition campaigns requires customized strategies to preserve the applicant’s rights while also avoiding lengthy litigation and fees.

Search and Clearance, with an attorney-drafted memo of the results of the search.

  • A trademark search, or a “trademark search and clearance,” is a form of brand due diligence and is advisable prior to finalizing branding strategy or beginning the federal trademark application process. In order to successfully apply for a trademark, your brand’s marks must be sufficiently distinct. 
  • The initial analysis is to determine whether your mark is inherently protectable; e.g., it is not merely descriptive or generic. Subsequent analysis is the trademark search itself, preempting what the trademark examiner will do once your trademark application is filed: namely, confirm that there are no live registrations or applications for registration with which registering your mark could create a likelihood of confusion. 
  • In addition to uncovering potential conflicts within the USPTO, it is beneficial to more-broadly survey the market landscape for potential uses which may become problematic through oppositions or upon geographic expansion.

Trademark Registration Services

Filing a trademark starts with a branding decision. Ask yourself, what is the particular word, symbol, tone or other source identifier with which you want to associate your goods and/or services? Prosecuting trademark applications before the USPTO is generally more or less complicated depending on the mark for which trademark protection is being sought.

Response To Office Action

Should you choose to proceed with your application, even with an appropriate clearance search the USPTO may issue an office action against your application. Usually this is a non-final notice outlining any problems with your trademark application, usually this is due to a potential likelihood of confusion with an existing trademark. This allows us an opportunity to show how your mark is sufficiently distinct and should be awarded protection.

Trademark Renewal Filing Services

The trademark renewal process occurs after the mark registers on either the Principal or Supplemental Register. Generally, a trademark owner must formally declare that it is still using the mark in commerce and thus the registration of that mark should be maintained. The trademark renewal process is periodic: first renewal takes place between the 5th and 6th year anniversaries of the mark’s registration and thereafter, between each successive 9th and 10th year anniversaries.

Protecting your brand is more than just filing for a trademark. One must be vigilant in protecting their mark in order to maintain their rights. This includes monitoring for improper use of the trademark to initiating campaigns challenging pending trademark applications through opposition proceedings. Opposition proceedings are adversarial proceedings that take place before the Trademark Trial and Appeal Board (a department of the U.S. Patent and Trademark Office, a federal government administrative agency). Protecting your brand while navigating opposition campaigns requires customized strategies to preserve the applicant’s rights while also avoiding lengthy litigation and fees.

contact Zephyr law today →
Call Now: 216.956.1033
contact zukerman law today →
Call Now: (216) 696-0900

A work of art, your personal expression, your literary masterpiece, or even a fully compiled code, any “original work of authorship,” so long as the work possesses even a minimal degree of creativity, it is deserving of copyright protection once in a tangible medium. At the completion of any such work, its author already enjoys copyright protection. That protection, however, is going to leave the author open to liability as it does not hold the same value that it could without a copyright registration obtained from the Copyright Office. A formal registration allows the copyright holder to enforce the copyright in court. Without that threat of potential enforcement, the copyright holder risks having their copyright infringed upon.

Fortunately, the copyright registration process is simple, inexpensive, and relatively quick. Likely, a copyright registration certificate will arrive within a few months of submitting the application, sooner if you choose to pay an additional fee for expedited processing. While note necessary, making use of an experienced copyright lawyer to handle this process for you will guarantee the process is being undertaken properly.

Have a great idea for a new business, a revolutionary product, an improved product, a work of art, the perfect song?

The first step to making your idea a reality is to protect it. Good ideas can be extremely valuable and unfortunately, thanks to the internet and other global communication methods, the expressions of those ideas can be instantly and easily accessible. I’m sure we’re all familiar with the horror stories of having your intellectual property “misappropriated” or just plain stolen, but that doesn’t have to happen to you. Zephyr Law can provide you with everything you need to properly protect your IP. We can help:

  • Obtain a copyright registration;
  • Draft any licensing agreements you may need;
  • Pursue and defend against copyright infringement;
  • Settle business disputes;
  • Work to take down any infringing content; and much more

Why get a copyright registration?

    • Copyright is a form of protection provided by U.S. law to creators of original works of authorship which are fixed in a “tangible medium of expression.” You can “copyright” words, numbers, notes, sounds, pictures, or any other graphic or symbolic media. You can also copyright software and products as well as literary, dramatic, musical, artistic, audiovisual, and architectural works.
    • Protection can apply to both published and unpublished works.
    • With the countless number of people creating original works, and many more looking to steal or appropriate innovative ideas and creations, it is essential for creators, innovators, and authors to know their rights under the U.S. Copyright Act.
      • For instance, exclusive rights associated with a copyright are freely transferable, and may be licensed, sold, donated to charity, or bequeathed to heirs.
    • Infringement is the violation of any of the exclusive rights afforded to copyright owners such as reproduction, distribution, derivative works or display. Remedies for infringement available to copyright owners preliminary and permanent injunctions (court orders to stop current or prevent future infringements), damages including statutory damages, impounding, destroying the infringing works, and costs and attorneys’ fees

Copyrights in Business?

    • While it is more clear how copyrights relate to artistic works, in the entrepreneurial context with work-for-hire contractual arrangements and the Digital Millennium Copyright Act, website terms of use provisions are most often at issue. Enforcement of copyright interests generally requires that the work at issue be registered (or in the process of being registered) with the United States Copyright Office.
    • Unlike the USPTO, the Copyright Office is mostly a repository and there is little substantively comparatively regarding the prosecution process to complete. Further, it is important for copyright owners to register their works with the Copyright Office as soon as possible, or specifically within three months of the works’ first publication to help the owner take advantage of the Copyright Act’s statutory remedies should litigation ever ensue.
contact Zephyr law today →
Call Now: 216.956.1033
contact zukerman law today →
Call Now: (216) 696-0900

Licensing Agreements & Transactions

Zephyr Law supports Illinois businesses with expert licensing agreement and transaction law services. More information coming soon, contact us today to learn more.

contact Zephyr law today →
Call Now: 216.956.1033
contact zukerman law today →
Call Now: (216) 696-0900

Monitoring & Enforcement

Zephyr Law supports Illinois businesses with expert intellectual property (IP) monitoring and enforcing law services. More information coming soon, contact us today to learn more.

contact Zephyr law today →
Call Now: 216.956.1033
contact zukerman law today →
Call Now: (216) 696-0900

Litigation

Branding is the public face of every business. As such establishing and maintaining a strong brand is crucial to a business’s success. Choosing, and securing rights in, a trademark(s) is essential to successful branding. Securing the rights in trademark(s) and copyrights are one of the best preventative and proactive actions you can take to protect your brand in the long run, rather than taking a reactionary approach and waiting for issues to arise. It is extremely important to conduct your due diligence and check the availability of a mark before you commit your resources to adopt and build your brand around the potential mark. Retaining an experienced trademark lawyer will help ensure that these steps are competently and quickly undertaken.

Protecting your brand is more than just filing for a trademark. One must be vigilant in protecting their mark in order to maintain their rights. This includes monitoring for improper use of the trademark to initiating campaigns challenging pending trademark applications through opposition proceedings. Opposition proceedings are adversarial proceedings that take place before the Trademark Trial and Appeal Board (a department of the U.S. Patent and Trademark Office, a federal government administrative agency). Protecting your brand while navigating opposition campaigns requires customized strategies to preserve the applicant’s rights while also avoiding lengthy litigation and fees.

A work of art, your personal expression, your literary masterpiece, or even a fully compiled code, any “original work of authorship,” so long as the work possesses even a minimal degree of creativity, it is deserving of copyright protection once in a tangible medium. At the completion of any such work, its author already enjoys copyright protection. That protection, however, is going to leave the author open to liability as it does not hold the same value that it could without a copyright registration obtained from the Copyright Office. A formal registration allows the copyright holder to enforce the copyright in court. Without that threat of potential enforcement, the copyright holder risks having their copyright infringed upon.

Fortunately, the copyright registration process is simple, inexpensive, and relatively quick. Likely, a copyright registration certificate will arrive within a few months of submitting the application, sooner if you choose to pay an additional fee for expedited processing. While note necessary, making use of an experienced copyright lawyer to handle this process for you will guarantee the process is being undertaken properly.

contact Zephyr law today →
Call Now: 216.956.1033
contact zukerman law today →
Call Now: (216) 696-0900

IP Law Practice Areas

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