1. Identify: Simply put, think about what patents, trademarks and copyrights you might have and categorize them appropriately. This includes ideas in development.
2. Organize: Once categorized, review the relevant creation and publication/use dates. Determine registration status. File necessary maintenance documents as appropriate and create calendar/docket future due dates for supplemental filings.
3. Monitor: Review the USPTO and Copyright office databases periodically to ensure no junior users may weaken your rights.
4. USPTO.gov/trademarks: “Basic Search” Start your search here. Individual results pages will include direct links to the mark’s records in TARR (best way to check current status of application/mark), ASSIGN (bets way to see if the mark has been assigned), TDR (best way to retrieve relevant documents), TTAB (search and review board proceedings).
5. Uspto.gov:/TDR: Use this database to determine existence of and locate documents related to specific applications.
6. copyright.gov: best place to start with any copyright related questions. Includes searched for copies of registered works.
7. Google- search: Great secondary, broad-stroke search. Tends to return higher percentage of irrelevant results, but good at finding that needle-in-a-haystack type rip-off/con artist.
8. Google alerts: Use these to stay abreast of relevant changes in the database. Narrow alert criteria to specific keywords/phrases.
9. State TM databases: Don’t forget your own back yard. Search state databases for d/b/as, etc. (IL=cyberdriveillinois.com).
10. Ask you lawyer about specific concerns. Every situation is different and the only way to properly asses the risks/costs of any course of action is to discuss your matter with a competent attorney who practices in this area.
©David M. Adler, Esq. All Rights Reserved.
Lawyers Top 10 Tricks for Managing IP - To learn more about this author, visit David M. Adler's Website.
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David M. Adler
(Visit David's Website)
David M. Adler, is the principal attorney
behind the Adler Law Group, a boutique
intellectual property law firm based in
Chicago, Illinois. Mr. Adler has an
extensive background and experience in
corporate law, including contract
interpretation, drafting, negotiation, and
enforcement and intellectual property law.
Mr. Adler also specializes in advising
artistic talent and creative professionals
in the media and entertainment
industries.
He received his law degree from the DePaul
University College of Law where he wrote
for the DePaul Arts & Entertainment Law
Journal. He received a Bachelor of the
Arts in English, a Bachelor of the Arts in
History with a minor concentration
Chemistry from Indiana University in
Bloomington, Indiana.
Mr. Adler also taught E-Business in the
Arts, Entertainment & Media Management
Department of Columbia College Chicago and
currently chairs the Chicago Bar
Association's Start-up and Entrepreneurial
Ventures Subcommittee.
David M. Adler, Esq. & Associates, PC
Safeguarding Ideas, Relationships &
Talent® 161 North Clark Street, Suite 2550
Chicago, Illinois 60601 Phone: (312)
379-0236
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