Trademark Registration & Licensing

What is Intellectual Property?

Intellectual property (IP) is a category of property that consists of intangible human intellectual creations. For many brands, intellectual property protects more than an idea or concept – it safeguards corporate assets that may be crucial to core services and long-term profitability. Patents, copyright, industrial design rights, trademarks, plant variety rights, trade dress, geographical indications, and trade secrets are all examples of intellectual property rights. Trade secrets may also be protected in certain jurisdictions. Logos and corporate identities are just the beginning; intellectual property can also include the products, services, and processes that set your company apart from the competition.

We don’t just register your brand; we also protect it from unauthorized use by third parties. If you want to give others the right or license to use your brand, we can also prepare all the necessary licensing agreements needed to do so.

1. Trademark

A trademark is any a recognizable sign, insignia word, phrase, symbol, design, or combination of these things that identifies your goods or services. It’s how customers recognize your brand in the marketplace. Most of the time, people use the word “trademark” to mean both trademarks and service marks. While trademarks are used to identify specific products, “service marks” are used to identify specific service providers. A trademark has numerous advantages, including:

  • Source identification: determining the origin of your products or services.
  • Brand protection: Providing a legal shield for your brand.
  • Anti-counterfeiting and fraud: preventing counterfeiting and fraud.

Our trademark services include but not limited to:

  • Trademark search.
  • Trademark filing and registration.
  • Trademark appeals and oppositions.
  • Trademark infringement and enforcement.
  • Trademark licensing.

2. Copyrights

Copyrights protect creative works of authorship, including paintings, pictures, musical compositions, sound recordings, computer programs, books, blog posts, films, architectural works, and plays. Copyrights only protect expression, not ideas, methods, systems, processes, concepts, or discoveries. By definition, “works made for hire” (i.e., works generated by an employee while performing duties related to their employment or by certain independent contractors who are controlled by the employer) give corporations the legal right to claim copyright ownership. In particular, the legislation protecting copyrights grants to their respective holders, the right to:

  • Reproduce:duplicate the work.
  • Make copies:construct derivative works or create your own original works.
  • Sell, give, or license copies:distribute copies through sale, ownership transfer, or license.
  • Publicly show the work:perform or exhibit the work in public.

Our Copyrights services include:

  • Copyright search.
  • Copyright registration.
  • Copyright infringement, and enforcement.
  • Copyright licensing.

3. Industrial Design

The industrial design is the part of a product that is responsible for its visual appeal. A decorative or aesthetic quality of a product might be represented through an industrial design. The design may be composed of two-dimensional elements, such as patterns, lines, or colour, or it may be composed of three-dimensional elements, such as the shape or surface of an object.

Design is the intersection of form and function. The industrial design of a product, which can include everything from tables to phones, is one of the primary reasons why we are drawn to a product or why we prefer using one product over another.

Our industrial design services include:

  • Industrial design search.
  • Industrial design filing and registration.
  • Industrial design appeals and oppositions.
  • Industrial design infringement and enforcement.
  • Industrial design licensing.

Note:

The intellectual property rights associated with an industrial design and a trade dress are similar yet distinct. A Trade Dress is a legal term that usually refers to the look and feel of a product or its packaging (or even the design of a building) that lets customers know where the product comes from.

4. Patent

A patent is a sort of property right awarded by the government to an inventor or their legal successor, allowing the owner to restrict others from creating, using, selling, offering to sell, and importing an invention for a certain time in exchange for public disclosure of the invention. An invention is a solution to a particular technological problem, which may be a product or a process, and generally must meet three major criteria: it must be novel, not obvious, and have industrial application. There are four stipulations that must be met before your innovation may be patented.

  • Patentability: the subject matter must qualify for patentability (as defined by the law of applicable jurisdiction).
  • Newness: the idea or concept must be novel (new).
  • Applicability: he idea or concept must be “practical” or “useful”.
  • Not obvious: your idea or concept must not be “obvious.”

You can apply for one of these three different types of patents:

  1. Utility patent:Anyone who invents or discovers a new and useful process, machine, article of manufacture, composition of matter, or any new and useful improvement to one of these things can get a utility patent.
  2. Design patent:Anyone who comes up with a new, original, and beautiful design can get a design patent.
  3. Plant patent:A plant patent can be given to anyone who invents or finds a new variety of plant and can reproduce it without pollination.

Our patent services include:

  • Patent search.
  • Patent filing and registration.
  • Patent Appeal and opposition.
  • Patent infringement and enforcement.
  • Patent drafting and licensing.

Other intellectual property rights include:

1. Trade Secrets: A trade secret is a method, practice, procedure, design, instrument, pattern, or compilation of information that is not commonly known or readily ascertainable and that gives a business an economic edge over its competitors and customers. There is no explicit government protection; each company is responsible for safeguarding its own trade secrets (e.g., Coca-Cola protects its soft drink “recipes” or “formulas” as a trade secret.). The unauthorized acquisition, use, or disclosure of such secret information in a manner inconsistent with honest commercial practices is considered unfair business conducts and a violation of trade secret protection.

The laws governing what constitutes a trade secret vary from country to country. In short, a trade secret is anything that fits into one of the following groups: “any information you don’t want your competitors to know”. Some likely trade secrets are new business models, information about customers and suppliers, especially about prices, a company’s marketing plan, its processes and formulas, and other confidential business information. Even if you have plans, processes, or formulas that you don’t want your competitors to know, you can lose the right to call them trade secrets if you don’t take the right steps to keep them secret. For instance, if you provide clients with copies of your future marketing plans without a non-disclosure agreement (NDA) or without labelling them “private” or “confidential,” they may not be considered trade secrets.

When deciding whether anything constitutes a trade secret, courts will typically consider the following:

  • Whether the information is widely known outside the company.
  • Protections in place to keep the information confidential.
  • Relevance of the information to Competitor.
  • The extent to which the information is known by the company’s employees and other business stakeholders.
  • Money or effort expended by the company to develop the information, and the ease with which others could replicate it.

Our trade secrets services include:

  • Drafting of Confidentiality and Non-disclosure agreements.
  • Drafting of confidentiality and trade secret policies for companies.
  • Enforcement of trade secret violations.

2. Plant Varieties: Plant breeders’ rights or plant variety rights are the rights to utilize a new plant variety for commercial purposes. The variety must be original and distinct, among other requirements for registration, and its propagation material must be evaluated.

Our Plant Variety services include:

  • Plant variety search.
  • Plant variety filing and registration.
  • Plant variety appeals and oppositions.
  • Plant varieties infringement and enforcement.
  • Plant variety licensing.

3. Geographical indications: Trademarks with a geographical indication or appellation of origin are used to identify products as being from a certain region and as having traits, a reputation, or features that are primarily due to that region. The name of the country or region where the product was first produced is usually part of a geographical indicator.

Also, the product’s traits, attributes, or reputation should be mostly attributable to its country of origin. There is an undeniable connection between a product and its country of origin, as its quality is directly tied to its geographical location of manufacture.

4. Digital Assets: Intellectual property now commonly encompasses digital assets as well. These would be things like online digital content and proprietary software code or algorithms.

5. FRANCHISING

A franchise is a business model in which one company (the franchisee) buys a license from another (the franchisor) to utilize the latter’s brand, trademark, confidential information, and methods. If you wish to grant people permission or a license to use your brand, you can do so through a franchise agreement or other types of agreements.

A franchise is owned and operated by a franchisee, who is often an individual with entrepreneurial spirit. Franchisees are granted permission to use the company’s name and brand in connection with the sale or provision of goods or services. In exchange, the franchisee pays the franchisor a start-up fee and ongoing licensing fees. Businesses like United Parcel Service (UPS) and McDonald’s Corporation (MCD) are great examples of franchise businesses.

Our Franchising Services include:

  • Franchise arrangements.
  • Contract drafting, and review.
  • Contract negotiation.

How can we help?

Understanding the many types of intellectual property is a necessary ability for lawyers. Patents, trademarks, copyrights, and trade secrets are valuable corporate assets, and it is vital to comprehend how they operate and how they are created, to protect them successfully. As experts in intellectual property, we don’t just register your brand; we also protect it from unauthorized use by third parties.

Fostering innovation requires protecting intellectual property. Without some way to ensure their ideas are protected, companies and individuals would be less motivated to invest in R&D and fail to fully capitalize on the benefits of their innovations.

We can help you secure your IP rights through trademark, patent, and copyright registration. These registrations give you exclusive rights to use and profit from your creations, and we can guide you through the entire process to make sure your applications are filed correctly and efficiently.

But it doesn’t stop there! We also offer legal services that go beyond registration, such as IP audits, due diligence, and risk assessments. These services help identify potential infringement issues and minimize any potential risks to your IP rights.

In addition, our experienced attorneys are skilled in drafting and negotiating agreements related to IP, such as licensing, assignment, and confidentiality agreements. We can help you structure these agreements to ensure that your IP rights are protected, and your business interests are well-represented. We have a track record of successfully handling IP infringement cases and ensuring that our clients are compensated for any damages.

At CRYPTOVERSE Legal Consultancy, we understand the importance of IP protection and the impact it has on your business. We are committed to providing our clients with comprehensive legal services that are tailored to their specific needs. Let us help you protect your creative work and achieve your business goals. Contact us today to schedule a consultation.

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