Intellectual Property Law: Patent, Trademark, Copyright, Trade Dress And Trade Secrets Law

In today’s ultra-competitive marketplace, the control of intellectual property can make the difference between large financial gains and losses. In the internet age, information regarding new products can reach the public, the press and competing domestic and overseas inventors in record time. Businesses and individuals must be diligent in protecting their intellectual property.

Carrithers Law, offers full intellectual property law legal services, including:

• Utility and design patents, which grant the owner exclusive rights to make, use or sell an invention. Patent legal services include searches, applications, drawings, prosecution, infringement and validity and invalidity opinions, licenses, due diligence investigations for startup companies and mergers and acquisitions, cease and desist letters, assistance in designing around valid patents, intellectual property advice and counsel to corporate general counsel, and litigation assistance to general practice litigators regarding intellectual property matters.
• Trademarks, service marks and registration, which protect unique brands, trade dress and services. Trademark legal services include searches, applications and prosecution.
• Trade secrets, including confidentiality agreements, license agreements, methods of protecting trade secrets, employer/employee contracts, consulting contracts, and options regarding secret patentable products and processes.
• Copyrights, which protect a variety of creative material, including original writings, music and visual art that are fixed in a tangible medium of expression. Copyright legal services most often involve applications and can also involve litigation.

Intellectual property is usually a blend of trade secrets, confidentiality and licensing agreements, unfair competition, foreign patents and due diligence review of your firm’s intellectual property holdings. A due diligence review and intellectual property search are vital during mergers and acquisitions or the purchase and sale of companies. For business law matters, such as incorporation, that are interwoven with intellectual property concerns, we refer clients to trusted business/general litigation counsel.

You Have Questions. We Have Answers.

We represent individual inventors, small and mid-size firms and large multinational corporations. Listed below are questions that often come up when we are meeting clients for the first time.

What is the difference between a patent, a trademark and a copyright?

While all three protect intellectual property, they shield different types of assets. A patent protects inventions — such as new machines, chemical formulations or industrial processes — and grants the owner the right to exclude others from making or using that invention. A trademark protects brand identifiers, such as names, logos and slogans, ensuring consumers can distinguish the source of goods in the marketplace. A copyright protects original works of authorship, including software code, technical manuals and creative content. At Carrithers Law Office, PLLC, we often utilize a combination of all three to build a multi-layered defense for a single product.

How long does it typically take to secure a federal trademark registration?

The timeline for securing a trademark from the U.S. Patent and Trademark Office (USPTO) can vary, but generally, the process takes between 12 to 18 months. After your application is filed, it is assigned to an examining attorney (usually after 8–10 months). If the examiner raises no objections (also known as office actions), the mark is published for opposition. If no third party opposes the mark during the 30-day window, the USPTO will move toward registration. However, technical errors in the initial filing can lead to significant delays, which is why we emphasize rigorous due diligence and professional clearance searches before filing.

What should I do if I receive a cease and desist letter for IP infringement?

Receiving a cease and desist letter is a serious legal event that requires an immediate, measured response. First, do not ignore the letter, as silence can be used to argue “willful infringement,” which potentially triples damages in court. Second, avoid contacting the opposing party directly before consulting with an intellectual property attorney.

We analyze the validity of the sender’s claims by performing an infringement analysis and reviewing the “prior art” or trademark strength. Often, a strategic response can resolve the matter through a trademark coexistence agreement or a licensing deal, avoiding the high costs of federal litigation. Our goal is to protect your business operations while minimizing legal exposure through sophisticated negotiation or, if necessary, aggressive defense.

An Experienced Legal Team You Can Count On

Our familiarity with a broad array of technology enables us to relate to our clients’ new and useful products, processes or techniques. We are experienced at dealing with the details of the patent application process, from the initial patent search through the preparation of the applications and prosecution thereof and the rules, laws, and regulations required for prosecution of your application in the U.S. and/or foreign patent office. If you have a new invention, product or service, have concerns about your current intellectual property portfolio or have other intellectual property questions, we have the knowledge and experience you need.

Contact Us

To schedule an initial consultation, call us at 502-452-1233. After an office consultation, we will travel to your facilities, laboratories or headquarters if necessary to better assess your property.

We have offices in two locations. Our Louisville office is located at 2950 Breckenridge Lane, Suite 10 which is off of the Breckenridge Lane exit of the I-264/I-64 Interchange. Our Bardstown office is located a block from the town square at 120 W. Stephen Foster Avenue, Suite 101.