QUESTION

When should I apply if I am planning on launching a mobile app for iOS in August?

Asked on Mar 18th, 2014 on Patents - Massachusetts
More details to this question:
It is my understanding that I will need to trademark my logo and apply for a provisional patent to protect my idea from being immediately copied by Facebook or Twitter. Am I missing anything?
Report Abuse

4 ANSWERS

Intellectual Property Attorney serving Irvine, CA at Shimokaji & Associates, P.C.
Update Your Profile
You are correct to apply for both patent and trademark sooner rather than later.
Answered on Mar 19th, 2014 at 3:07 PM

Report Abuse
Your understanding is correct. Under the America Invents Act (AIA) we now have a first to file patent system. So, you must file your patent application (provisional or otherwise) before others, if you want to own the invention. Accordingly, anyone in the business of developing patentable subject matter should "file early and often" if they intend to protect their inventions. The provisional filings can be rolled up into a nonprovisional (utility) or international (PCT) application within a year of filing. Under U.S. trademark law, you can file an intent-to-use (ITU) trademark application to preserve your trademark rights against subsequent users. The advantages of the ITU application are that you only need a bona fide intent to use the mark in commerce to apply, and it gives you an early constructive date of first use as of your application filing date. You should also consider filing one or more copyright applications for your mobile app and its unique and creative user interface and software code. As always, you should consult an experienced intellectual property attorney to fully explore your particular facts and options in protecting your intellectual property.
Answered on Mar 19th, 2014 at 10:42 AM

Report Abuse
Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
Update Your Profile
It is safest to file your applications before you launch. You risk losing rights and more if you don't.
Answered on Mar 19th, 2014 at 10:42 AM

Report Abuse
Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
Update Your Profile
For the patent application - apply before you launch. For the trademark application - file after you have launched.
Answered on Mar 19th, 2014 at 10:37 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters