Intellectual Property and Patents
In a world where we live on the internet, trademark and copyright violations happen every second. With each recording and each copy you make, another violations occurs. The laws, in the U.S. and abroad, protect the true holder of the work. Get caught, and the violations can be substantial. You can be sued by the individual copyright owner, and assigned entity, or criminally charged by the U.S. Attorney Generals office.
Weather you have a copyright or trademark, seek to obtain a protection of a copyright, or you defending a violation, we have handled cases on both sides of the spectrum. We would be happy to discuss your needs.
The Law Offices of Douglas C. Anton, Esq provide full service representation for clients applying for a patent or selling and licensing patents to outside companies. Our experienced can also help clients prosecute applications for patents and pursue patent infringers or defend their rights in patent litigation and infringement suits. In addition, we assist with related copyright and trademark matters.
When a business, corporation, or individual creates a marketable product or service, it is beneficial for them to establish a brand or identity consumers recognize. Trademark law provides the protections innovators need to establish this identity. The Law Offices of Douglas C. Anton, Esq. helps our clients search for, register, enforce and protect trademarks. In addition, our attorneys assist businesses with related intellectual property, such as patents and copyrights.
Trademarks include distinctive words, names, symbols, sounds, colors or a combination, used in connection with the sale of products or services, for the purpose of identifying their source. Trademark ownership depends on first use in the marketplace in connection with products or services. In New Jersey we help clients perform trademark searches to ensure their mark or something similar is not already in use or registered for intended use, and thus owned by another party.
If the proposed trademark is cleared, Mr. Anton files a trademark application with the U.S. Patent and Trademark Office (USPTO) to protect the mark from other use. If the trademark is distinctive, rather than descriptive or generic, it will serve to distinguish the products or services of its owner from the products and/or services of its competitors, and be registrable as long as there are no similar marks for similar goods or services.
Protecting from Trademark Infringement
Although trademarks do not receive protection until actual use, it can often make sense to file a federal trademark application prior to use on an “intent-to-use” basis. We can help you register a trademark with the USPTO immediately to obtain proof of ownership and right of exclusive use. Trademark ownership lasts as long as the trademark is in use, but can be lost through abandonment, dilution by competitor use of similar marks, or such common use that it becomes generic. Allowing registration to lapse may also result in loss of ownership.
Mr. Anton helps protect trademarks by properly renewing registrations, diligently enforcing trademarks and aggressively protecting marks against infringement. Trademark infringement cases are often complex, requiring the skill and expertise of an experienced New Jersey trademark attorney.
Patents are granted to inventors by the federal government for products, processes and business methods that are new, useful, and non-obvious. The Law Offices of Douglas C. Anton, Esq. obtain patents by conducting a comprehensive search of the U.S. Patent and Trademark Office (USPTO) to ensure the invention has not already been patented, and by filing an application in the United States, or globally for international protection. Once the application is filed, the USPTO examines and rejects or approves the patent. If the patent is approved, it must be maintained through scheduled fees. If it is rejected, we will request reconsideration or file an appeal.
Profiting from Patents
Patents that are successfully marketed and sold can be highly profitable. A New Jersey patent lawyer at the firm can assist you in selling your patent outright, or licensing the right to make, use or sell your product in order to maximize profit potential. Marketing your patent through trade shows and direct contact is essential, and a patent attorney can help you protect your patent during this process through the use of nondisclosure agreements.
Patent Violations and Infringement
Patent infringement is the unauthorized making, using, offering for sale or selling any patented invention within the United States, or importing any patented invention into the United States during the term of the patent. Our firm aggressively pursues infringement claims in federal court on behalf of our clients, and defend our clients against infringement claims when patents are invalid or not infringed. or a claim of patent is overbroad.
Please contact the Law Offices of Douglas C. Anton, Esq. for a case evaluation and to schedule an appointment.
Areas of Practice
The Law Offices of Douglas C. Anton, Esq. offers clients his wealth of legal experience, advice, and representation in a wide variety of areas, including, but not limited to, the following:
- Criminal Defense
- Entertainment Law
- Sports Law
- Civil Law
- Family Law
- Corporate Counsel
- Immigration Law
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