Frequently Asked Questions: IP Law

Frequently Asked Questions: Intellectual Property Law

What is intellectual property (IP)?

Intellectual property refers to intangible assets that you have created. They fall into four buckets: copyrights, patents, trademarks, and trade secrets. IP law helps protect these assets so others cannot use, copy, or profit from them without permission.

Do I need an intellectual property attorney?

Each type of IP protection has different laws surrounding it. Understanding how they apply to you can prevent costly disputes, infringement issues, and loss of rights down the road.

What types of intellectual property can be protected?

There are four main types of IP protection:

• Trademarks – Protect brand names, logos, and slogans
• Copyrights – Protect original works like writing, art, music, and digital content
• Patents – Protect inventions and unique processes
• Trade Secrets – Protect confidential business information (like formulas or strategies)

How can I protect innovations developed with AI tools?

If AI is the sole creator, then no, it cannot be protected. If AI is used as a tool in the creation of the creative work of art or innovation, then it depends on whether AI was asked to be innovative or if it was used similarly to a graphic artist or developer, where you would tell them what you want created and how it will look. If AI is asked to come up with the idea or create the work of art based upon a high-level directive, it most likely cannot be protected. 

What is the difference between a trademark and a copyright?

A trademark is used to identify the source of your goods or service (like your business name or logo), while a copyright protects original creative works (like a website, marketing materials, or photography). Many businesses need both.

How do I know if my invention or brand is already taken?

An IP attorney can conduct comprehensive searches to determine whether your name, logo, or invention is already in use or registered. This step is critical before investing in branding or product development.

When should I contact an intellectual property attorney?

Ideally, before you launch your business, product, or brand. It’s much easier—and more cost-effective—to protect your IP early than to fix issues after the fact.

What happens if someone uses my intellectual property without permission?

If someone infringes on your IP, you may have legal options, including cease-and-desist letters, negotiations, or litigation. An attorney can help you enforce your rights and minimize damage to your business.

Can I protect my business name without registering it?

You may have limited “common law” rights by simply using a name in commerce, but those rights are often restricted geographically and harder to enforce. Federal registration provides stronger, nationwide protection.

How long does intellectual property protection last?

• Trademarks can last indefinitely as long as they are used and properly maintained
• Copyrights typically last for the life of the creator plus 70 years
• Patents generally last 15–20 years, depending on the type
• Trade secrets last as long as they remain confidential

Is it expensive to protect intellectual property?

The cost varies depending on the type of protection and complexity. However, protecting your IP is often far less expensive than dealing with infringement, rebranding, or litigation later.

What should I bring to my first consultation?

Be prepared to share:

• Your business or brand name ideas
• Logos, designs, or creative works
• Product or invention details
• Any prior use or registration information
• Your goals for protection and growth

Why choose our firm for intellectual property matters?

At Older Lundy Koch & Martino, we provide strategic, business-focused guidance to help you protect what you’ve built—and position it for long-term success. Whether you’re launching a new venture or safeguarding an established brand, our team is here to help.