Prosecution and Litigation
Technical knowledge and legal expertise combine when we provide guidance and representation to clients seeking protection of their rights in intellectual property. Through its of counsel relationship with CARSTENS & CAHOON, LLP, we give clients access a team of dedicated professionals with the knowledge and experience to help clients make informed decisions and strategic choices to achieve their intellectual property goals.
Our practice areas include:
- Trade Secrets
Our clients include manufacturers, importers, energy companies, construction contractors, entrepreneurs, engineers, and architects. We represent businesses and individuals who need help protecting their legal rights, their innovative ideas, and protecting their IP from infringement.
The Importance of Protecting Intellectual Property
The ability to create and innovate has benefited the world throughout the ages. Today, we have innumerable inventions as well as artistic and creative works that are a result of the creative mind. These works and creations surround our everyday life. As such, these creations fall under the concept of intellectual property and are protected by law. From the components that make up all of the electronics we use to the artwork on our walls, intellectual property rights exist to protect these creations and those who create them.
Intellectual property rights encourage individuals, companies, organizations, and other entities to create and introduce valuable innovations such as technology, creative works, and inventions while being shielded and protected against infringement, misappropriation, or counterfeiting. However, even with intellectual property rights in place, intellectual property violations still occur. When intellectual property violations arise, it is imperative to consult with an experienced intellectual property attorney.
Without intellectual property rights, individuals and others would not find it feasible to produce innovation or creative works. Intellectual property rights incentivize the continual production and development of innovation, which in turn enables improvement and evolution of technology, science, economy, culture, and everything else in between. Therefore, when those rights are violated, it is crucial to seek the legal assistance of a knowledgeable intellectual property attorney for guidance and representation.
At Marcum PC, we are committed to protecting our clients’ intellectual property and rights. Together, we can find a viable solution to protect your best interests and property. With offices in Houston and Dallas, TX, we are readily available to serve and represent clients throughout Texas.
Types of Intellectual Property Rights
Intellectual property widely varies and can take many forms. However, there are four main types of intellectual property rights that protect intellectual property, which include the following:
Patents are the most common type of intellectual property rights. Patents are used to protect inventions, designs, processes, and improvements from being created, used, or sold by others without permission. The owner of a patent has exclusive rights to their invention, design, process, or improvement. Furthermore, patents can be commercialized, licensed, bought, and/or sold. This is a right that patent owners gain when they successfully file a patent with the U.S. Patent and Trademark Office.
Patents are categorized based on the type of intellectual property. The following are the three different categories that a patent can fall under:
- Design: A design patent protects the ornamental design of an item.
- Utility: A utility patent protects a product, process, invention, or composition matter.
- Plant: A plant patent protects novel plants produced by human intervention.
If you are interested in learning more about patents and how to protect intellectual property, it is advised to talk to an intellectual property attorney with extensive experience with intellectual property rights and law.
The majority of people can identify popular trademarks without realizing its importance to the product, brand, or entity it belongs to. A trademark can be a symbol, insignia, sound, smell, color, text, or phrase that the public recognizes. A trademark is distinctive from other symbols, insignia, or phrases, which allows it to be unique from competitors and similar signs, and enables consumers to identify the goods or services associated with the trademark. Establishing a trademark should be done with the legal counsel of a trademarks attorney. A skilled trademarks attorney can make sure that a person or company gets exclusive rights to their trademark. If an individual or entity fails to properly trademark their logo, phrase, symbol, or other distinct mark, they run the risk of infringement, misappropriation, or other violation.
Trademarks are often associated with a brand, such as Apple’s apple, the Nike Swoosh, McDonald’s golden arches, and Google’s text. If you have a trademark you wish to protect, it is crucial to enlist the assistance of a trademarks attorney.
Copyrights protect original creative works such as art, music, architectural drawings, writings, photography, and software. Copyrights, however, does not protect ideas. When the creator of a creative work has their work copyrighted, they have the exclusive right to sell, publish, and/or reproduce that work. Unfortunately, creative material is often infringed upon through unlawful use or reproduction. When a copyright is violated, the owner of the creative work should enlist a copyright attorney. A copyright attorney can assess the violation and determine the best course of action.
When a company, business, organization, or individual has a proprietary system, formula, strategy, or other confidential process or information, they are engaging in a trade secret. Trade secrets are secret to the public and competitors, and are only known to its creator, owner, or entity designated to know the secret. Trade secrets give their users a competitive edge against others. As long as the trade secret remains secret, intellectual property laws extend certain protections.
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IP Infringement And Plaintiff Personal Injury Cases
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