Intellectual Property

Your business’s success may depend very much on protection of its brand, product, and secrets. We can help you achieve that protection.

Trademark Law

The use of a trademark or trade name is a common way to make certain a product or name is identified with the correct company or organization, and is often a crucial element to a company’s overall branding strategy. The use of these marks and names has significant advantages for businesses, but also may carry some risk. At Sparkman + Foote LLP, we have attorneys who work nationally on trademark matters, helping our clients obtain a legally protectable mark, comply with the ongoing stringent rules and requirements of the United States Patent and Trademark Office (USPTO), commercialize upon their brands, and defend against any potential infringement of their marks.

Obtaining a Valid Trademark:

Note that obtaining a business entity name filed with the secretary of state, or obtaining a domain name registered on the Internet provides trademark protection. At Sparkman + Foote LLP, our attorneys know that intellectual property law is often complicated, and dealing with the USPTO can be difficult. We are here to focus on the legal issues and help our clients navigate the system with simplicity and ease. Specifically, we assist clients and their marketing groups in understanding how to obtain or qualify for trademark protection, and the scope of  protection. We also register or prosecute their trademarks with the USPTO and applicable state agencies. We provide guidance on how to select the defendable mark, and oversee the preliminary search process, which may include conducting in-house searches, or analyzing complicated and lengthy results from third party searches. We also register client’s trademarks to ensure all formal deadlines and requirements are met. In the case that the USTPO rejects or opposes a trademark, we also work through the appeals and defenses before the TTAB.

Continuing Trademark Protection:

Once our clients secure a valid trademark, certain actions must be taken to safeguard the mark. We counsel our clients on proper use and help ensure that it continues to be a defendable mark. Additionally, we help ensure that our clients make continual, yet, critical deadlines with the USPTO, in order to maintain their rights.

Trademark Licensing:

Trademark and trade name rights may also be licensed to allow one person to use another’s trademark or trade name. Our attorneys offer services to our clients regarding trademark-licensing requirements, and are experienced in negotiating, reviewing, and drafting trademark license agreements to assure Sparkman + Foote LLP’s clients are protected to the fullest extent, while commercializing upon their brand.

Copyright Law

Copyright law provides some of the most important legal rights that an individual or business has in its creative assets. Specifically, the law gives the owner of the copyright certain exclusive rights, or privileges, pertaining to the reproduction, adaptation, distribution, performance and display of its work. Contemporary works are generally copyrighted upon their creation; however, there are significant advantages to formally registering with the U.S. Copyright Office.

Sparkman + Foote LLP has attorneys who are well versed and experienced in protecting creative works and understanding the law in using existing copyrighted materials. Our attorneys advise our clients as to the benefits of  registration and oversee the entire registration process. We assist with preparing and complying with depository requirements, and completing registration applications to make certain our clients’ rights are protected to the greatest extent.

Once our clients secure a copyright, we continue to work with our clients to help them gain the greatest benefit from their work, while protecting their rights. We assist our clients in assigning, transferring, licensing, or otherwise conveying some or all of the copyrights he or she possesses. The transfer of these rights may be challenging to understand and more difficult to accomplish, as it is often hard to know, without experienced legal counsel, what is copyrightable, the duration of copyright, and the specific rights that attach to a copyrighted work. Sparkman + Foote LLP attorneys not only help you understand your rights but we negotiate, drafts, reviews, and counsels appropriately to ensure specific legal requirements are met, and that the rights transferred are no more and no less than our clients truly desire to convey.

Our attorneys additionally have significant experience, and have obtained national recognition, in copyright infringement matters. We are here to help you understand your case, and zealously represent you throughout the litigation process.

NOTICE: Information presented on the Sparkman Foote LLP website is general information only; it does not constitute legal advice to any reader and you may not rely on it as legal advice. No communication to the firm or any of our attorneys through this website or by email is subject to attorney-client privilege, unless we have first established an attorney-client relationship with you. An attorney-client relationship may be formed only by a specific agreement between one of our attorneys and the person or entity seeking to be a client.