Colorado Intellectual Property Lawyer
Representing Companies and Entrepreneurs in Registration, Contractual and Litigation Matters
Whether you are a company owner, brand owner or entrepreneur, protecting your intellectual property (IP) is a key business strategy. Trademarks, copyrights and other IP assets can hold enormous value, but you can lose this value if you don’t take the steps required to secure them. A Colorado IP lawyer at Maven IP can help you understand what is necessary—and what isn’t—and can help you protect, monetize and grow your IP portfolio.
Our practice is devoted to copyright, trademark, domain name, and related contractual and corporate matters. We help our clients register their brands and creative works, deter and prevent online infringement, and enforce their exclusive rights when necessary. We provide assistance with the Amazon Brand Registry and other IP-related business matters as well, all with the singular goal of helping our clients get the most out of their IP.
Our IP Services for Colorado Companies and Entrepreneurs
So, what can we do for you? A Colorado intellectual property attorney at Maven IP can assist you with matters including:
Amazon Brand Registry
TheAmazon Brand Registry gives trademark owners advanced tools and increased control for selling their products. Sellers can join the Amazon Registry if they: (i) have a registered trademark, or (ii) have applied for trademark registration with a firm vetted through Amazon’s IP Accelerator program. Maven IP has been a vetted law firm since the inception of the IP Accelerator program, and we have filed hundreds of trademark applications for sellers throughout the United States and around the world.
Brand Development and Monitoring
We provide comprehensive brand management services for clients ranging from large multinational corporations to start-up online brands and influencers. Whether your business has one brand or one hundred, you need to ensure that you have adequate protections in place, and you need to ensure that competitors (and others) are not devaluing your IP through unauthorized use. Our brand management services fall into two broad categories:
- Brand Development – Not all brands are created equal. Some trademarks are stronger than others (from a legal protection perspective), and some names and logos create a stronger and more intimate connection with customers. We assist our clients with all stages of brand development, from reviewing existing identity materials to creating new potential brands and associating them with particular products and services.
- Brand Monitoring – Our brand monitoring programs serve two distinct but equally important functions. First, we make sure you stay up-to-date on your registrations and renewals. Second, we search for and identify potential conflicts, both with respect to new third-party registration applications and with respect to third-party uses of similar (or identical) brands in the marketplace.
Contracts and Corporate Matters
From independent contractor and confidentiality agreements to licenses and assignments, contracts play a critical role in establishing ownership and rights in intellectual property assets. Our Colorado IP lawyers have extensive experience representing trademark owners, copyright owners, acquirers and licensees incontractual matters. Whether you need an agreement for a one-off transaction or a form agreement that you can use repeatedly with contractors or customers, we can provide a custom-tailored contract and handle negotiations on your behalf as needed.
We represent IP owners in corporate matters as well. This includes all aspects of forming new business entities and managing existing entities with a specific focus on IP ownership, protection and monetization.
Copyright law protects expressions of creative ideas fixed in tangible media. Software, online content, sound recordings, musical compositions, films, photos and marketing materials are just a small sampling of the extraordinarily broad universe of copyrightable works. If you or your business is a copyright owner, or if you are seeking to become a copyright owner, a Colorado intellectual property lawyer at Maven IP can help. Our copyright services include:
- Copyright Registrations – We help our clients register their copyrights in the United States and abroad. While registration is not necessary to establish copyrights in the U.S., it affords several key legal benefits, and maintaining an up-to-date registered copyright portfolio is an important aspect of effective IP management and monetization for many types of businesses.
- Copyright Infringement – If a third party is using your (or your company’s) copyrighted works without authorization, you can—and should—take responsive action. Our lawyers routinely help clients deal with copyright infringement, and we can use our experience to help you target a quick and cost-effective resolution.
- Copyright Acquisitions and Licensing – Our Colorado IP attorneys also have significant experience representing clients in connection with drafting work-for-hire agreements and negotiating license agreements.
Dealing with disputes is a part of doing business in the modern world. Business disputes are increasingly arising online, and they are also increasingly involving IP rights and other intangible assets. Within our dispute resolution practice, our Colorado intellectual property attorneys represent IP owners in informal resolution efforts, alternative dispute resolution (ADR) proceedings and civil litigation as necessary. We routinely represent clients in matters such as:
- Domain Name Disputes – Domain name disputes can interfere with business strategies, and they can be extremely frustrating for business owners and entrepreneurs who are ready to hit the ground running. If a third party has registered a domain name associated with one of your company’s brands, we can help you seek to compel a transfer of the domain under the Uniform Domain Name Dispute Resolution Policy (UDRP) or take other appropriate legal action on your company’s behalf.
- Online Selling Enforcement – From hashtags to unauthorized products, online infringement can take many different forms. If someone is improperly interfering with your efforts to control and monetize your brands or copyrighted assets, we can issue a takedown notice under the Digital Millennium Copyright Act (DMCA) or use other legal means toenforce your exclusive right to sell online.
- Trademark Disputes – Our lawyers represent clients of all sizes in trademark disputes in the U.S. and internationally. From competing trademark registration applications to unlicensed use of identical or “confusingly similar” marks, we have helped companies in the U.S. and around the world preserve their trademarks’ exclusivity.
When an IP-related dispute arises, the steps that are necessary to favorably resolve the dispute depend on the specific circumstances involved. At Maven IP, we do what is necessary to protect our clients’ rights—nothing less and nothing more. As warranted case-by-case, we leverage means including:
- Pre-Dispute Investigations
- Lawsuit Preparation and Filing
- Discovery Requests
- Discovery Responses
- Preparing Evidence and Testimony
- Pre-Trial and Pre-Hearing Motions
- Pre-Trial and Pre-Hearing Settlement Negotiations
- Alternative Dispute Resolution (ADR)
- Trademark Trial and Appeal Board (TTAB) Proceedings
- Litigation in State or Federal Court
- Coordinating with Foreign Counsel for International Disputes
Trademark law protects source identifiers. Company names, brand names, logos and slogans are all potentially eligible for trademark protection in the United States and abroad.
In the U.S., geographically limited trademark rights arise automatically upon use—assuming no other business has adopted the same (or a “confusingly similar”) trademark for use on competing goods or services. Registration with the U.S. Patent and Trademark Office (USPTO) establishes nationwide exclusivity, and registration with foreign registrars both provides protection against counterfeiting and ensures that your company will be able to expand without rebranding in the future. Our trademark services include:
- Trademark Searches – Before adopting (and devoting marketing dollars to) a new trademark, it is important to make sure the mark is available for use. We provide comprehensivetrademark search services in the U.S. and internationally.
- Trademark Applications – Our Colorado IP lawyers work closely with our clients through all aspects of thetrademark application process. This includes selecting appropriate goods and services, preparing the application, and communicating with the USPTO (or international registrar).
- Office Action Responses – If a USPTO trademark examiner identifies an issue with an application, it will issue an Office Action. SomeOffice Action responses are more straightforward than others; and, in any case, submitting an appropriate response requires an in-depth understanding of U.S. trademark law.
- Trademark Renewals – Trademark registrations are not permanent. Registrants must file timelyrenewal applications in order to preserve their exclusive rights.
- Trademark Oppositions – If a registered trademark owner objects to a pending third-party application, it can file an opposition with the USPTO. Our Colorado IP attorneys represent registered trademark owners and applicants in opposition proceedings.
- Trademark Infringement – Trademark infringement occurs when one party makes use of another party’s trademark (or a “confusingly similar”) trademark in commerce on competing goods and services. If you are dealing with a physical or online infringement issue, we can help.
- Trademark Acquisitions and Licensing – Our lawyers also have extensive experience in trademark acquisition and licensing transactions. If you are targeting a deal, we can help you understand the legal implications, and we can ensure that your agreement contains appropriate protections.
FAQs: Protecting and Monetizing Your Company’s Intellectual Property in Colorado
What Do Intellectual Property Rights Protect?
Different intellectual property rights protect different things. Broadly speaking, IP rights fall into four categories: copyrights, trademarks, trade secrets and patents. Copyrights protect original works of authorship, trademarks protect identifiers of source (i.e. brands and logos), trade secrets protect confidential and proprietary information, and patents protect inventions. In many cases, intangible assets will entail multiple IP rights. For example, an app might have a copyrighted design and user interface (UI), a trademarked logo, and proprietary software protected as a trade secret or patent.
Do I Need a Trademark or a Copyright?
Whether you need a trademark or a copyright depends on what you are trying to protect. If you have a brand that you use to identify and market your goods or services, that brand is (or may be) eligible for trademark protection. If you have creative designs, photos, music, or any other original works that you developed independently, these assets are protected by copyright law.
Do I Need to Register My Brand’s Trademark Internationally?
Whether you need to register your brand’s trademark internationally depends on whether you have plans (or aspirations) to expand your business overseas. If your business is based in Colorado and you only sell locally or only ship within the United States, then international trademark registration may not be necessary. On the other hand, if you will be selling and shipping overseas, then securing the relevant international registrations could be critical for preserving your current business opportunities.
How Do I Respond to a USPTO Office Action?
What is necessary when responding to a USPTO Office Action depends on the ground (or grounds) on which the Office Action is based. If the Office Action is based on a technical deficiency in the underlying application, then responding may be a fairly straightforward process. However, if the Office Action is substantive in nature, then it may be necessary to submit legal arguments, supporting case law or additional evidence.
How Can I Find Out if Someone Else is Using My Trademark or Copyrighted Assets Online?
Our Colorado IP lawyers use several resources to uncover infringing uses of our clients’ trademarked and copyrighted assets. Our brand monitoring services are designed—in part—to ensure that our clients are able to address infringing online uses before they lead to much bigger problems.
What Can I Do if Someone Else is Using My Trademark or Copyrighted Assets Online?
There are several potential options for addressing online trademark and copyright infringement, many of which are available in specific types of scenarios. From filing DMCA notices and filing claims under the UDRP to filing motions for restraining orders in court, our lawyers can help you evaluate your options and choose your best path forward.
Speak with a Colorado IP Attorney in Confidence
If you would like to know more about any of our intellectual property services, we encourage you to schedule a confidential initial consultation with a Colorado IP attorney at Maven IP. Call us at 855-63-MAVEN ortell us how we can reach you online to get started today.