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Intellectual Property

  • By: Andrei Blakely
  • Published: October 8, 2021

What Is An Intellectual Property Right?

Intellectual property is any intellectual creation that is protected by Intellectual Property Laws. Examples of intellectual property include inventions, designs such as logos, literary works, artwork, etc. Intellectual property is protected by law. Your intellectual property should be protected by copyright, trademark, and/or patent, in order for you to financially benefit from your creative works.

If you have questions about Intellectual Property Protection and whether you need it for your creation, it is a good idea to contact an experienced Intellectual Property Attorney. If you are located in or around Baltimore, MD, contact the Law Office of Andrei Blakely today. Call (240) 331-0083 for a consultation.

Is Intellectual Property Copyright Or Trademark?

Both copyright and trademark are examples of intellectual property protection. A copyright protects creative works of art, such as novels, movies, software code, paintings, photographs, and plays. Copyright prevents other people or entities from using or recreating your work or similar without your permission. Under Intellectual Property Law, copyright does allow the owner to grant permission to other people or entities to use their copyrighted material. This is how a copyright can benefit your company financially. Copyright protection lasts for the lifetime of the author plus 70 years from the date of the author’s death. Works created for hire or anonymously are protected for 95 years from publication or 125 years from creation, whichever is shorter.

If you have a creation that should be protected by copyright, you should seek advice for an experienced Intellectual Property Attorney. Working with an attorney who is well-versed in Intellectual Property Law will help you protect you and your hard work from other entities taking advantage and profiting when it should be you who profits.

A trademark protects a word, design, or phrase that identifies your goods and/or services. Other people or entities will not be able to legally use your trademark or one similar for similar goods of services. The following are the basic types of trademarks:

  • Generic mark- A generic mark must describe ingredients, qualities, or characteristics of your goods.
  • Descriptive mark- The descriptive mark evolves from what the brand is to who the brand is.
  • Suggestive mark- A suggestive mark requires the consumer to use their mind or imagination to figure out what the company offers as goods and/or services.
  • Fanciful mark- A fanciful mark is a logo or word that holds no meaning outside of that company’s good or services.
  • Arbitrary mark- An arbitrary mark is a word or logo that has one common meaning but no real meaning in connection with the company. The meaning of the word or logo changes when associated with the business.
  • Service mark- A service mark distinguishes a company that provides services instead of goods.

Copyright and trademark are two Types of Intellectual Properties. The final type of intellectual property is a patent. A patent protects technical inventions. Some examples of these inventions include pharmaceutical drugs, machine design, machinery, etc. A patent prevents all others from selling, making, or distributing your invention for a period of time stated in your registration. In order to be awarded a patent, your invention must be:

  • Novel- Your invention must be something new that no one has patented before.
  • Useful- Your invention must serve a purpose that those in the industry will find helpful.
  • Non-obvious- Your invention must provide a use that had not occurred to those in the industry/business before they saw/used it.

If you own or are starting a business, it is advisable that you become familiar with Intellectual Property for Businesses and Intellectual Property Rights. If you are located in or near Baltimore, MD, reach out to an experienced IP Trademark Lawyer at the Law Office of Andrei Blakely for a consultation. Call (240) 331-0083 today.

Attorney Andrei Blakely was a journalist for ten years before joining the greater Baltimore area as a Maryland trademark and intellectual property attorney. Attorney Blakely’s experience as a journalist makes his work on copyright, trademark, and patent law both clear and informative, without losing an entertaining edge IP law writing is often lacking.

Whether you are a small business owner, individual entrepreneur, or creator, connecting with The Law Office Of Andrei Blakely will help you understand both current trends in US and Maryland intellectual property laws and empower you to apply those insights to your work or project.

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