You Can Count On The Wendt Firm’s Patent And Trademark Experience
Like all intellectual property law, patents and trademarks are complicated and some concepts may seem baffling to lay persons and even experienced general attorneys. Securing enforceable patents and trademarks is vital to locking down a powerful revenue stream for your business. However, to do that you’ll need the help of an experienced patent practitioner and/or trademark lawyer.
Prior to founding The Wendt Firm, Mr. Wendt served as senior intellectual property counsel for several multinational corporations and served clients in large law firms. As a board member and the former president of the National Association of Patent Practitioners (NAPP), Jeff Wendt has the level of IP experience and resources few other IP lawyers can match.
From large corporations to startup businesses, business owners across Texas and beyond know they can rely on Mr. Wendt with all of their patent and trademark procurement matters and intellectual property needs.
Prior to founding The Wendt Firm, Mr. Wendt served as senior intellectual property counsel for several multinational corporations. As a board member and the former president of the National Association of Patent Practitioners (NAPP), Jeff Wendt has the level of experience and resources few other lawyers can match.
From large corporations to startup businesses, Austin business owners know they can rely on Mr. Wendt with all of their trademark infringement matters and intellectual property needs.
Do You Need To Register A Patent Or Trademark?
The cornerstone of innovation in our society relies on the protection of intellectual property rights. While attorney Wendt cannot guarantee a patent will issue or a trademark will be registered, he has been actively involved in applying for patents (both utility and design) and trademarks for a wide variety of ideas and innovations, including:
- Carbon Capture and Sequestration
- Geothermal and Solar Energy
- Medical and Dental Devices
- Computer-aided cinematography, computer graphic processing, 3D animation, display color attributes, object processing,
- Optics, lasers, testing and measuring
- Semiconductor fabrication (CVD, PVD, PECVD, etching, circuit boards, ultra-pure gases and liquids)
- Diode lasers, semiconductor lasers
- Chemical and building products
- Innovations for upstream, midstream, downstream, and integrated oil and gas companies
- Common Law, state, and federal trademarks
- Licensing, sale, and other monetization of IP rights
Mr. Wendt writes, files and prosecutes patents and trademarks on behalf of a variety of individuals and businesses in Texas and beyond. He can help you take the first step to bringing your innovations to life.
What Is The Difference Between A Trademark And A Patent?
In short, quite a bit. Patents must be registered; there is no such thing as a “common law” patent. A patent is a recognition by the US Patent & Trademark Office (USPTO) that you’ve created a new invention that is not obvious or found a novel use of an already created invention that is not obvious. US patents are presumed valid once issued, but US patents can be challenged by others in federal court or in the USPTO, so it is incumbent to have the most enforceable, well-written patent possible. The owner of a valid, enforceable US patent can prevent others from making, using, selling, and importing products covered by the patent, or prevent others from using the process covered by the patent, without his or her consent, and as long as other laws are not violated, such as antitrust and other competition laws.
So, if a patent is all about the product (or process of making or using a product), a trademark is about the marketing. Unlike patents, trademarks need not be registered; you have “common law” rights in a trademark as long as you are using it to market a product or service. Trademarks are those identifiable words, phrases, jingles, design logos, and “product dress” that make something recognizable. The golden arches of McDonalds, the shape of Coca-Cola bottle, the catchphrase of UPS, those are trademarks. Registration with the USPTO adds value by reducing the burden of proof when enforcing your trademark, and serves the important “notice” function, that is, putting the public on notice that you are using and have registered you trademark, so registration with the USPTO is highly recommended.
A smart company with a patent portfolio will quickly develop strong trademarks to help develop and sell their inventions to the public. They work together, but they are very different aspects of the law.
Don’t Wait To Protect Your Patent or Trademark
If you don’t file a patent application as early as possible, you could make a mistake that jeopardizes your patent rights. Something as simple as publishing an article in a journal or speaking at a conference, or offering an item or service for sale, may bar your ability to get a patent for your invention.
While common law trademarks are valuable assets, federally registered trademarks (which can only happen after “use in commerce” of a mark “as a trademark”, not just the name of a business) are considered more valuable assets for many reasons, not the least of which is putting third parties on notice of your rights sanctioned by the US Government.
Take The First Step Toward Protecting Your Intellectual Property Today
Mr. Wendt provides trusted guidance and counseling for your intellectual property needs. He is trusted by a variety of sophisticated clients, from entrepreneurial innovators to some of the country’s largest companies.
Mr. Wendt works with clients in Austin, and The Woodlands, north of Houston, by appointment; San Antonio, Round Rock and all of Central Texas. He also has experience securing patents for businesses outside the United States, in Canada, Europe and Asia.
To speak with an accomplished IP lawyer, call the firm’s office at 346-800-4530 or send an email to schedule an appointment.
