Business & Intellectual Property
Small businesses are the backbone of the United States economy, and there is little debate as to their importance. A strategic partner of a business owner is a good business lawyer: a detail-oriented professional who knows how to communicate clearly, navigate complex issues, and protect the company’s reputation and assets. Lynx Law coaches entrepreneurs through the formation process, ensures that they have fundamental documentation in place, and is there to guide owners from start-up to exit.
Today, a company’s intellectual property (“IP”) may be the most important asset it has. After spending the time and effort to create a unique, quality name and brand, protecting them becomes essential. A company’s name and brand are key sources of revenue, reputation, trust, and identification and distinction in the marketplace. We assist small business owners, non-profit organizations, entrepreneurs, and creative clients in identifying, protecting, and defending their intellectual property assets.
Contract Services
No matter if you’re a large or small business, a sole entrepreneur, a non-profit organization, or creative talent, contracts are essential to thriving in any industry. A well-written contract may be among a company’s most valuable assets. It can provide legal protection and peace of mind, clarify parties’ roles and responsibilities, outline expectations, and serve as a reliable record of parties’ intentions.
We assist clients with drafting, reviewing, revising, and negotiating their contracts. We welcome individuals and businesses across a wide range of industries including construction, cosmetology, real estate, food and vending, health and fitness, general retail, entertainment, social media, and more. Depending on your needs, we can draft contracts from scratch or take pre-existing documents and revise them. We can also review proposed contracts or negotiate with another party to the proposed contract.
Intellectual Property FAQ
Trying to navigate all the registration requirements and legal protections available for different IP types can quickly become confusing. As such, it’s important that you have a good understanding of IP rights and processes so that you can make informed decisions for yourself and your business.
Generally, no because most of IP law is based on the federal system and is therefore not state-specific. Contact us today to learn how we can help protect your IP!
A trademark is a name, phrase, logo, tagline, or other form of unique “source identifier” of your business. A consumer seeing your trademark should be able to trace that trademark back to you as a business. Think of a trademark as an instrument to protect your business from others adopting a “confusingly similar” brand.
You have several avenues that might be worth pursuing, depending on your goals, budget, and whether you satisfy other legal requirements:
- Send a cease and desist letter. This is typically the first way to put the alleged infringer(s) on notice, which will be helpful if you need to prove willful infringement later on.
- Issue a complaint to applicable third-party hosting sites. Each site has its own requirements for issuing the complaint, and you should absolutely consult with an attorney before you make legal accusations against anyone.
- Mediation or arbitration. If you are under a contract with the alleged infringer, you may be obligated to take your dispute to mediation or arbitration. The contract should state if an arbitration will be binding or not; and mediation is only binding to the extent that a settlement results from mediation.
- File a complaint in federal court. This is the most heavy-handed and formal approach, and will result in the most enforceable resolution, but it is also subject to a wide variability in time-to-resolution and costs.
Immediately consult with an IP attorney. Sometimes a dispute can be resolved quickly and efficiently when an experienced trademark attorney gets involved early. Contact us today if you’ve been accused of infringement so we can help you navigate a just path forward!
Your common law trademark rights last as long as you keep using the mark with your business. However, your federal trademark registration must be renewed at regular intervals.
A copyright is a form of IP that protects an original work of authorship fixed in a tangible form of expression. Protectable works include books, poems, movies, blog posts, architectural works, plays, paintings, photographs, illustrations, musical compositions, and many others.
No. Registration is voluntary and copyright exists from the moment the work is created and fixed in a tangible medium. However, if you wish to bring a lawsuit for infringement of a U.S. work, one must register the work.
Registration is often recommended for a number of reasons, including wanting the copyright on the public record and having a certificate of registration. Registered works are eligible for statutory damages and attorneys’ fees in successful litigation. If registration occurs within five years of publication, it is considered prima facie evidence in a court of law.
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. Generally though, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.
A trade secret is information that (1) the owner has taken “reasonable measures” to keep secret; and (2) derives actual or potential independent economic value, because it is secret; and (3) it is not being readily ascertainable through proper means. If you can demonstrate that your information fits these requirements, you can prevent others from acquiring or disclosing your trade secret by “improper means.”
Trade secrets last as long as they meet the definition. (i.e. (1) the owner has taken “reasonable measures” to keep secret; and (2) derives actual or potential independent economic value, because it is secret; and (3) it is not being readily ascertainable through proper means.).
Lynx Law can help protect and safeguard all your intellectual property, whether it’s a trademark, copyright, or trade secret. Please contact us to learn more and to protect your IP today!
Rates
Rates are dependent on legal service and the complexity of your individual situation. During your consultation, we’ll advise you on the best option for your individual situation. The fees reflected below are meant to illustrate costs for some of our most common business & IP services.
Small Business Formation
- Business name availability search
- Drafting & filing of Articles of Organization with Oregon Secretary of State
- EIN Registration with IRS
- Drafting of Operating Agreement
- Includes state filing fees
Trademark Application
- Detailed clearance search and opinion letter
- Preparation and filing of a federal trademark application for one mark or design with the USPTO
- Responses to non-substantive office actions
- Registration certificate with instructions for maintaining your trademark registration
Copyright Registration
- Registration of a single copyrightable work (e.g., a song, literary work, sculpture, illustration, etc.) with the U.S. Copyright Office
- Does not include government filing fees, which typically run $45-$95 per copyrightable work
Contract Services
- Receive a comprehensive & personalized contract
- Thorough review, revisions, comments, & notes to help you negotiate your pre-existing contracts
- Includes 30-minute consultation to fine-tune once it's drafted
- Additional revisions available at an hourly rate of $175/hour