OUR SERVICES
PATENTS
US patent grants a property rights to inventors including the rightto exclude
others from making, using or offering the invention for sale.
The United States Patent and Trademark Office (USPTO) issues new patents for the term of 20 years from the date on which the application for the patent was filed.
After a patent is issued the owner of the patent is responsible for policing and enforcing the patent.
TYPES OF PATENTS
Utility Patents
After assessment may be granted to the inventor of a new and useful invention or discovery, or the improvement thereof, pertaining to a new composition of matter, machine, process or article of manufacture.
Design Patents
After assessment may be granted to the inventor of a new and useful invention or discovery, or the improvement thereof, pertaining to a new composition of matter, machine, process or article of manufacture.
Plant Patents
May be granted for discovery, invention, and asexual reproduction of a distinct and new plant variety.
The importance of obtaining a patent for your invention cannot be overstated, but a great deal of care must be exercised in the application process. Proper due diligence is key. Once a patent is granted it will be essential that you know the terms and limitations of your patent. Our office will expertly walk you through your patent application procedure and support you in the enforcement of your patent once granted.
Contact us today for a consultation and guidance with your patent application.
Our Patent Related Services Include:
Patent Searches
Infringement Opinions
Responses to USPTO Office Actions
International & Foreign Filings
Assignments – Licenses – Agreements
Cease & Desist Letters
Non Disclosure & Non Compete Agreements
TRADEMARK
By applying for and gaining a Registered Trademark you will be serving notice onwould-be counterfeiters and unfair competitors of the serious intent of your business to define, establish and defend its position in the marketplace.
Trademarks help to encourage the initiatives of skilled and enterprising people by providing a system of protection under which they can produce and market their goods and services and rewarding them with brand recognition and financial profits.
Trademarks are registered with a Patent Office. Registration establishes an official record of your rights to a particular mark and the legal right to prevent others from using a confusingly similar mark. These rights are enforced by the courts which in most cases have the authority to block trademark infringement.
A letter, a word, a name, a phrase, a number or number series,three-dimensional shapes, colors, symbols, picture,scents or a sounds -
any of these and more can function as a trademark.
Far back in antiquity craftsmen placed their own signature or “mark” on their products. This ancient practice is the origin of our modern system of trademark registration and protection. When properly promoted and protected, a trademark can be an invaluable asset for building a company’s reputation. Trademarks help consumers identify your company as being the source of the products or services you are offering. Ideally a trademark will be instantly recognizable and immediately call to the minds of your existing and potential customers thoughts of quality, integrity, and dependability.
Each Trademark must fulfill a detailed group of criteria in order to be eligible for registration. Our knowledgeable staff can help you ensure success. Contact Us for more information.
Copyrights
The United States Copyright Act protects rights of authorship of original tangible creations, ensuring artists, writers, musicians, designers and architects exclusive dominion over their works.
Copyrights are applicable to literary works such as novels, non-fiction books, poetry, and online copy, dramatic works such as plays and motion pictures, choreography and pantomimes, musical works such as songs, orchestral and instrumental compositions and sound recordings, visual art such as paintings, drawings, sculpture, graphic images and photographs. The Copyright Act also protects computer software designs, and architecture.
A Copyright ensures that its owner has exclusive rights to distribute copies of the work to the public, to perform and/or display the work publicly, to reproduce the work, to prepare derivative works based upon the original work and to authorize others to do any of the above.
A Copyright Registration:
Establishes a public record of the copyright claim.
Is key to filing an infringement suit in court.
Ensures that in the case of an action in court, statutory damages and attorneys’ fees will be available to the copyright owner in addition to any award for actual damages and profits.
If registered before or within 5 years of publication, establishes prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
Provides U.S. Customs and Border Intellectual Property Protection. Allows the copyright owner to record the registration with the U.S. Customs Service to protect against the importation of infringing copies.
It is important that your work be registered in a timely manne Contact us now for an expert assessment and our experienced staff will ensure that your work is fully protected from any infringement whether local or international.
Trade Secrets
Often business owners will say "I have no intellectual property" and this simply is not true. No business exists that doesn't leverage some form of IP. Whether they have created it or are using someone else's creation, some form of IP is being leveraged. More importantly, even those business owners that have not created their own intellectual property,
more often than not, are utilizing a unique form of IP--TRADE SECRETS.
This is a form of IP that is 100% based on secrecy! This is a collection of confidential information not known by the general public and the fact that it is a secret makes this form of IP all the more valuable. A good example to explain this concept is the Coca-Cola formula. We know what the ingredients are. But how the ingredients come together to create the soft drink is a trade secret carefully guarded since the late 1800s
Let the Dream-Lawyers team help evaluate the secrets that make your business so unique. Although there is no requirement for this form of IP, it is treated like all other forms of IP...it can be sold or licensed, and with proper protocols in place, the owner can pursue the same legal remedies when there is infringement. Let Dream-Lawyers develop an iron-clad Trade Secrets Protocol that will secure your trade secrets indefinitely!
Licensing & Agreements
A properly structured agreement is of paramount importance for any individual or company planning to place their intellectual property on the market.
Intellectual property matters require sound legal guidance in negotiating agreements and contracts, preparing copyrights, trademarks, patents, non-disclosure documents and other protective legal measures. The importance of putting the proper structures in place and arriving at effective and favorable agreements cannot be overstated both for the immediate future and for the long term.
Among our clients are writers, musicians, designers, artists, scientists, manufactures, retailers, distributors, patents, trademarks and copyright owners. We provide advice and representation on all pertinent intellectual property issues, including:
The correct choice of compensation structures – royalty or flat fee
Licensing and sublicensing agreements
Exclusivity
Confidentiality
Indemnification agreements
Copyright, trademark and patents
Marketing and merchandizing deals
Invasion of privacy issues
Non Disclosure Agreements
Non-Compete Agreements
Entity Formation and Consulting
Every business is unique. An experienced business formation attorney
knows how to clarify the many options and offer expert guidance in selecting
the entity type that best suites your business situation and goals.
Whether you are starting a new business, or making significant changes to an existing one, the first step is to decide on the most appropriate form for the entity you will create. Since no two businesses are completely alike, it is important to work with a professional who can analyze your situation and goals, and help you choose the business form that best fits your expectations. As business attorneys we counsel on the formation of business of all types and sizes, and advise our clients with regard to ownership, operations, liability handling, tax reporting and other concerns.
After you have selected the form for your business we guide your through the entire process including registering with the Department of State, and filing any necessary tax documents. For businesses with multiple owners we can help with negotiating and drafting shareholder agreements, partnership operating agreements and other appropriate documents.
Here are some of the types of entities we can help you form:
Sole Proprietorship
Joint Venture
C-corporation Formation
S-corporation Formation
General Partnership
Limited Liability Company (LLC)
Limited Liability Partnership (LLP)
Limited Partnership
Mergers and Acquisitions
Stock Purchases
Asset Purchases
Corporate Housekeeping
Whether you are a newly formed or an established corporation,
your business is an entity governed by rules.
You are responsible to maintain the corporate formalities and to follow a pattern of conduct established by the laws of the state in which your corporation resides. It is understandable that corporations, no matter what their industry, limit their legal activities and expenditures to the day-to-day requirements of bringing in business, taking care of their customers and paying employees. Newly formed entities especially, with their central focus on the process of business building frequently put aside many necessary administrative tasks.
But it often happens that business as usual is met with an extraordinary event; a new challenge such as an acquisition offer, a prospective new investor, or a need to restructure for tax purposes. At this point a corporation must suddenly devote its resources to expensive legal cleanup.
The cost of legal corporate housekeeping on an ongoing basis is far less than the expense and stress of playing catch-up in the face of a sudden emergency. As business attorneys we know how to care for the health of your corporation so it runs smoothly all year round. By ensuring that your company is up-to-date with required meetings, that your minutes are properly recorded that your structure is solid and your documentation in place, we make it easy for your company to handle new opportunities or challenges that present themselves, and to meet any emergencies that might occur.
Important housekeeping tasks that we oversee on an ongoing basis include:
Signing and filing of corporate formation documents
Issuing share certificates as required by the company’s bylaws
Holding annual shareholder meetings
Holding regular board of directors meetings
Issue stock
Documenting shareholder loans
Making sure that each employee signs a Proprietary Information and Invention Assignment Agreement
Prepare minutes of meetings
Preparing financial reports as specified by the bylaws or a shareholder rights agreement
Conducting annual corporate meetings
Overseeing the election of officers and directors
Contracts and Negotiations
A well-designed contract acts to ensure that transactions between parties
run smoothly and result in a “win” for all involved.
Contracts are agreements between two or more parties that specify the terms and considerations under which the parties will conduct business together. It is essential that your interests be understood, protected and clearly incorporated into any contract you enter into, whether as an individual or as a business. A properly drafted contract is binding and will affect your life or the life of your company for as long as the terms of the contract apply. Therefore, it is essential that your contract negotiations and preparation be handled by a fully experienced professional.
As business consultants we deal with contracts of all types every day and we have thorough knowledge of the complexities involved. We take the time to learn and fully comprehend our clients’ concerns and goals in order to craft a practical and thoughtful agreement. Whether we are examining a contract our client has been offered by another party, or we are acting to negotiate and draft a contract on our client’s behalf, we make sure to explain, interpret and advise our clients on the contract terms and implications.
Here are some of the types of documents we prepare for our clients:
Purchase Agreements/Sales Contracts
Insurance Contracts
Commercial Lease Agreements
Shareholder Agreements
Loan Documents
Employee Agreements
Joint Venture and Strategic Alliance Agreements
EULAs/Software License Agreements
Website Terms & Conditions of Service / Privacy Policies
Non-Disclosure / Non-Use and Non-Compete Agreements
Intellectual Property Assignments & Licenses
Negotiations of Celebrity Endorsements
Music Distribution
Royalty Issues
Sponsorships
Endorsement Agreements