Avoid the Legal Horrors with Julie King: Patent, Trademark, and Business Strategy

Commerce Secretary Lutnick’s boneheaded idea of charging patent holders between 1% and 5% of their overall patent value annually is, to put it more politely, fundamentally problematic. Here's why.

#patent #patents  #iplaw #patentlaw

Here's a bite-sized portion of my main episode this week. This clip focuses on provisional patent myth #1: “A Provisional Patent Application Gives Me a Patent.” NOPE! listen/watch to learn why.

#patent #patents #provisionalpatent #iplaw #patentattorney #patentlaw #patentlawyer

Provisional patent applications are popular with startups and inventors because they’re fast and relatively inexpensive, but they’re also one of the most misunderstood tools in the inventor’s toolkit. They’re inexpensive, flexible, and don’t require formal claims—but they’re not a shortcut to a patent.

Let’s bust five of the most common myths about provisional patent applications so they don’t trip you up later.

1. Don’t Stop Yourself Now: “A Provisional Patent Application Gives Me a Patent”

2. Don’t Dream On: “As Long As I File Something, I’m Covered”

3. Don’t Have Open Arms: “I Can Publicly Disclose My Invention After Filing and Still Be Safe”

4. Don’t Go Your Own Way: “I Don’t Need a Patent Attorney for a Provisional Application”

5. Do Keep Movin’ On: “Once I File a Provisional Application, I Don’t Need to Worry for a Year”

#patent #patents #provisionalpatent #iplaw #patentattorney #patentlaw #patentlawyer

Filing a provisional patent application can be a smart, strategic move for inventors, but only if it's doneright. Unfortunately, many DIY filers treat the process like it's just a placeholder or a quick form to “get something on file.” The truth? Many DIY inventors make critical mistakes in provisional applications that cost them patent rights down the road.

Let’s break down the 5 most common mistakes inventors make when filing a provisional patent application themselves—and how to avoid them. Here's what I'm covering in today's episode:

1: Not Describing the Invention in Sufficient Detail

2. You Can’t Go Back: Treating It Like a Placeholder that Doesn’t Matter

3. The Pretender: Using Overly Broad or Ambiguous Language

4. Show Me the Way: Failing to Include Drawings or Diagrams

5.Slip Slidin’ Away: Assuming a Provisional Patent Application = Patent Pending Protection Forever

For What It’s Worth: Your Idea Deserves More Than a Deficient Provisional Application Filing

If you’d like to consult with me, you can use my contact form or you can book a consultation online at kingpatentlaw.com or by calling my office at 312-596-2222 or 217-714-8558. Please check out the other posts and pages on my website for more information on patents and other intellectual property and business law issues.

#patent #patents #provisionalpatent #iplaw #patentattorney #patentlaw #patentlawyer

When small business owners invest in branding, they often assume that registering their logo as a trademark, especially if it includes the business name, gives them broad legal protection. Unfortunately, that’s not the case.

If you only register your logo as a trademark, you don’t necessarily have trademark rights to the business name by itself—and that could leave your brand vulnerable.

How DO you make sure you’re protecting BOTH your logoand your business name with trademark registration and aren’t leaving your name or your logo vulnerable? I’ll be covering that and more in this episode.

If you’d like help with trademarks, let’s talk. You can use my contact form or book a consultation online at kingpatentlaw .com or by calling my office at 312-596-2222 or 217-714-8558.

#trademark #business #businesstips #intellectualproperty

Starting a new business is exciting—you pick a great name, file your registration with the state, and boom! You’re official. But here’s the catch: just because you’ve registered your business name with your state doesn’t mean you actually own the rights to that name. Using it with the public may even be trademark infringement. No joke! In this episode, I talk about the following issues:

✅The Business Name on Your Formation Documents vs. Trademark Rights: What’s the Difference?

✅ Don’t Let the State Let You Down: The Risk of Unintended Trademark Infringement (why state registration of a business provides ZERO assurance that

1. the name is available to you to use as a trademark, and

2. the registered name isn’t infringing someone else’s trademark rights.)

✅ Get Up to Speed: How to Clear and Protect Your Business Name:

1. Have a Trademark Search Done By an Experienced Trademark Attorney

2. Document Your Trademark Use

3. Apply to Register a Trademark

✅ Something to Rely On: Trademark Clearance and Registration, NOT Business Formation Documents

Registering your business name with the state through your formation documents is a good first step in protecting your business name, but all it means is that there isn’t an identical business name in your state. That doesn’t mean no other business has that name or one confusingly similar to it, so it doesn’t mean you have trademark rights to it or that you won’t be committing trademark infringement by using it with the public.

Having a thorough trademark search by an experienced trademark attorney can help you pick a non-infringing name you can make sure isn’t trademark infringement and that you can secure as yours through trademark registration. Trademark search and application for registration before committing to a business name is a worthy investment that will help you secure your brand, avoid legal trouble, and save time and money down the road. You can even have a search done and apply for registration long after you’ve been in operation, as long as that search doesn’t turn up anything problematic. If it does, you can work with a trademark attorney on quietly rebranding asap.

Now that you know these trademark facts, you know it’s truly never enough to rely on your secretary of state’s office for trademark clearance or protection and you’re ready to start working with an experienced trademark attorney to know and protect your rights to your business name.

If you’d like help with trademarks, let’s talk. Please go to kingpatentlaw.com to book a consultation, call my office at 312-596-2222 or 217-714-8558, or email me at [email protected].