Pleasanton Intellectual Property Lawyers
Knowledgeable guidance to protect your brand for sustained growth
A company’s most valuable assets are often intangible, such as leadership expertise and customer goodwill. Among these vital assets is intellectual property, including trademarks, trade secrets and brand identity. At Garcia & Gurney, A Law Corporation in Pleasanton, our business attorneys help protect intellectual property from infringement and pursue legal remedies for losses that result when rights are violated.
What Is intellectual property?
Intellectual property is a creation of the mind that becomes a protected legal right. There are four major categories of intellectual property:
- Patent — A novel invention or a new modification to an existing invention is eligible for patent protection, which gives the creator exclusive rights to use or license the invention for a set term. Utility patents last for 20 years, while design patents last 15 years.
- Trademark or service mark — Distinctive business names, slogans, logos and design elements are entitled to legal protection to prevent confusion in the marketplace. Trademark rights exist in common law, but stronger protections are given to trademarks registered at the state and federal level and through international regimes.
- Copyright — Printed or visual media enjoy an automatic, common law copyright upon creation, which gives the creator sole ownership and reproduction rights. However, registered copyrights have statutory protections that enable creators to obtain damages for infringement without having to prove actual losses.
- Trade secret — A trade secret is an asset that is valuable because it is hidden from the public while giving the owner a competitive advantage in the market. Registration is not necessary. However, the owner must make efforts to guard the secrecy of the asset.
Each category of IP requires owners to take different measures to ensure their rights are protected.
Trademark protection to identify and defend your brand
Strong branding consists of distinctive names, logos, slogans and designs that consumers immediately associate with a company and its products or services. The highest level of protection for a trademark or service mark comes from federal registration. Our attorneys help in this area by the following measures:
- Searches — We conduct searches for established marks that might be similar enough to disqualify your mark from registration.
- Registration — We manage the processes of state, federal and international registration.
- Maintenance — We help ensure that your company fulfills all requirements to keep your mark active.
- Enforcement — We take action against any business that infringes on your mark by using names, logos, designs, and slogans that are similar enough to confuse consumers.
A properly registered and maintained mark does not expire, so you have an essential asset for the life of your brand.
Copyright law and licensing
Copyright protects original works such as articles, music, art, literature and software. We represent creators and companies on either side of disputes over the unauthorized use of copyrighted material. In many cases, the remedy is a licensing agreement that fairly compensates the creator while preserving the creator’s rights.
Trade secret protection
Trade secrets include proprietary formulas, recipes, business processes and client lists. We advise clients on legal measures, such as non-disclosure agreements, for protecting secrets. We also litigate cases of alleged misappropriation under the Defend Trade Secrets Act.
Contact our Pleasanton business lawyers for IP protection
Garcia & Gurney, A Law Corporation in Pleasanton represents clients throughout California seeking to protect their intellectual property. Call 925-468-0400 or contact us online to schedule a consultation.
