Prosecution & Related Litigation
KUNZLER & McKENZIE
INTELLECTUAL PROPERTY LAW
|Salt Lake City patent attorney, Tyler R. Goucher, provides intellectual property attorney services including patent application, patent filing,
guidance on the patent application process, trademark applications trademark name searches and copyright services to clients in Utah
with clients located from Ogden to Provo including Layton and Park City. As a patent Lawyer licensed with the United States patent and
Trademark Office, Mr. Goucher is also available to assist inventors with their inventions throughout the United States.
Tyler R. Goucher
Salt Lake City Patent Attorney
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Disclaimer: Nothing in this website is intended to be legal advice, and no attorney-client relationship can be established by viewing this
website or by sending us an e-mail. Legal issues are highly factual in nature and advice given must relate to the specific facts of a case.
Therefore, we recommend that you seek an attorney qualified to render an opinion on your situation.
A trademark is an identifier, it is used to distinguish one companies goods from those of another. To get started, I
suggest you authorize a name availability search to be conducted. While a name availability search is not a prerequisite
to obtaining trademark protection in the United States, it does have several benefits. First, this search and opinion will
help you assess whether your mark is clear for use or registration before spending additional sums to register such
mark. Additionally, this search and opinion may be used to avoid infringement of existing trademarks. Finally, by
conducting a name availability search, certain statutory enhanced damages may be avoided in the event of a
subsequent trademark infringement lawsuit.
While I strongly suggest performing a name availability search, I will draft an trademark registration application without
first performing this search. See my fee schedule for prices.
Because many clients are confused as to which type of intellectual property protection to pursue, I offer the following
brief explanation of the differences:
Trademark: protect words, names, symbols, sounds, or colors that distinguish goods and services from those
manufactured or sold by others and to indicate the source of the goods. Trademarks, unlike patents, can be renewed
forever as long as they are being used in commerce.
Copyright: protect works of authorship, such as writings, music, and works of art that have been tangibly expressed.
The Library of Congress registers copyrights which last for the life of the author plus 70 years. Copyright is a form of
protection provided to the authors of “original works of authorship” including literary, dramatic, musical, artistic, and
certain other intellectual works, both published and unpublished. The copyright protects the form of expression rather
than the subject matter of the writing. For example, a description of a machine could be copyrighted, but this would only
prevent others from copying the description; it would not prevent others from writing a description of their own or from
making and using the machine.
Patent: a patent protects an invention. A patent is a property right granted by the Government of the United States of
America to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the
United States or importing the invention into the United States” for a limited time in exchange for public disclosure of the
invention when the patent is granted.