TELEPHONE CONSULTATION

With most intellectual properties, the primary focus in adopting or using the property is rightly on its function as a marketing tool or other business asset. However, before you commit resources in developing your property, a search is advisable to avoid infringing others, and gain some idea about the scope of available exclusive rights.

If you have performed a search, you have already gone to more trouble than most new companies to avoid infringement. However, the meaning of a search report is often not obvious, and some interpretation may be helpful. You may also wish assistance on other decisions you must make about your intellectual properties.

We often consult by telephone with the clients of search companies, and others who refer this office for consultation about intellectual properties. Regardless of your reason for calling, however, discussion about your intellectual property may bring some comfort about infringement, and guidance on securing exclusive rights. On the other hand, you may have general questions about patents, trademarks, or copyrights which may be answered with a simple telephone call. We invite your call for these purposes.

If you have been referred by a search company or an attorney, please bear in mind when you call that:

  1. This is a separate law office. We must therefore charge for consultation. We can discuss your intellectual property for $35.00 for the first 20 minutes; $290.00/hr thereafter.

  2. You may wish to forward (by email or facsimile) the most relevant portion of any search you have performed, so that we are "on the same page" (after a call to let us know your search results are coming). On the telephone, we can generally review about 10 pages of search report within 20 minutes.

  3. As to trademarks specifically, you will likely find our discussion more useful if you first discretely investigate Marks exactly like yours, and Marks similar to yours in your industry. You should determine, if possible, if Marks appearing in your search results are still in use, how long they have been used, on what goods or services have they been used, and, if possible, where they have been used geographically.

You can appreciate that the evaluation of intellectual property rights is quite subjective. Your rights may depend on the perceptions of potential purchasers, the interpretation of claims of exclusive rights, and other factors for which there exist substantial "gray areas." While there is no certainty in this evaluation, what you can reasonably expect from a telephone consultation is a better understanding about how the intellectual property laws may apply to your situation.

We look forward to your call to discuss your search results, or for other purposes related to your intellectual properties.