GC.
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Practice area

Intellectual property.

Trademark, copyright, patent prosecution and litigation, trade secrets, DMCA takedowns, cease-and-desists, TTAB oppositions — IP work splits sharply between registration-and-prosecution and enforcement-and-litigation, and patent prosecution requires a separately licensed patent attorney. We match you to a Utah, Idaho, or Wyoming attorney whose case history fits the specific IP type and the specific posture you're in.

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What we cover

Sub-specialties within this area.

Trademark — prosecution, opposition, enforcement

Federal registration at the USPTO (filing basis 1(a) use, 1(b) intent-to-use, or 44/66 foreign priority), responses to Office Actions on grounds like likelihood-of-confusion or descriptiveness, Statement of Use and Section 8/15 maintenance filings, TTAB oppositions and cancellations, and district-court infringement litigation under the Lanham Act. Strong cases turn on priority (first-use date), strength of the mark, and the DuPont likelihood-of-confusion factors. Clearance before adoption avoids problems registration cannot fix.

Copyright — registration, infringement, DMCA

Copyright registration with the U.S. Copyright Office, infringement litigation, DMCA takedown and counter-notice work, fair-use analysis, and chain-of-title issues including work-for-hire and contractor-IP defects. Registration timing is critical: registering before infringement (or within three months of publication) unlocks statutory damages ($750–$150,000 per work) and attorney's fees — without it, plaintiffs are limited to actual damages and lost profits, which are often hard to prove. The 2019 Fourth Estate decision held that registration must actually issue before suit can be filed.

Patent prosecution

Drafting and filing utility, design, or plant-patent applications with the USPTO; responding to Office Actions; provisional and PCT international filings; and maintenance-fee management at 3.5, 7.5, and 11.5 years. Patent prosecution can only be performed by a USPTO-registered patent attorney or agent (separate from a state law license) — this is non-negotiable federal requirement. The one-year on-sale and public-use bar from the first disclosure is the most-missed deadline in patent intake; most non-U.S. jurisdictions have absolute novelty with no grace period.

Patent litigation & post-grant proceedings

Infringement and validity actions in federal district court (with appeals to the Federal Circuit), declaratory-judgment actions, and post-grant proceedings at the USPTO's PTAB — inter partes review (IPR), post-grant review (PGR), and ex parte reexamination. Patent litigation is expensive (often $1M+ through trial), and the choice between Article III court and the PTAB is its own strategic question, often resolved in favor of parallel tracks. Claim construction (Markman) hearings frequently decide cases before trial.

Trade-secret protection & misappropriation

Misappropriation claims under the federal Defend Trade Secrets Act (DTSA) and state Uniform Trade Secrets Act analogues — typical fact pattern is a departing employee taking customer lists, source code, or technical data to a competitor. Standing requires both that the information meets the trade-secret definition and that the owner took reasonable measures to keep it secret (NDAs, access controls, marking, exit interviews). DTSA's ex parte seizure remedy can preserve evidence; TROs and preliminary injunctions move within days when properly supported.

Licensing, assignments & chain of title

License drafting and negotiation (exclusive vs. non-exclusive, field, territory, royalty structure, audit rights, termination), assignment work, and the chain-of-title fixes that often need to happen before enforcement. Founder-IP problems (work done before incorporation, no assignment), contractor-IP defects (no work-for-hire designation, no assignment), and inventor-list errors on patents (jurisdictional) routinely undermine cases that look strong on the merits. Insurance coverage for IP infringement may exist under CGL "advertising injury" or specialty IP policies.

What to expect

Three steps to the right specialist.

  1. Tell us what's happening

    A careful AI conversation walks through the facts. The IP type (trademark, copyright, patent, trade secret); your posture (owner enforcing, accused infringer, applicant prosecuting, licensee/licensor); the specific subject matter and any registration numbers or application serial numbers; first-use, first-publication, or first-disclosure dates (critical for priority and on-sale bars); communications already exchanged (cease-and-desist, DMCA takedown, USPTO Office Actions, oppositions); any USPTO or court deadlines currently running; and the commercial harm at stake.

  2. We identify the sub-specialty

    Not just "IP" — trademark prosecution, trademark litigation, copyright registration/enforcement, patent prosecution (registered patent attorney required), patent litigation, trade-secret misappropriation, licensing. A trademark prosecutor and a patent litigator are different specialists, and a USPTO-registered patent attorney is a separately credentialed role.

  3. Warm introduction to the right firm

    We match you to the firm whose case history fits your sub-type. You're introduced, not handed off. The firm knows about your matter before they call — and they know whether an Office Action response window, a TTAB 40-day answer deadline, a one-year on-sale bar, or a DMCA counter-notice window is running.

What matters in your story

What we'll ask about.

  • The IP type and your posture — owner enforcing, accused infringer, applicant prosecuting, licensee or licensor in dispute. These determine which substantive law applies and what remedies are available.
  • Registration status and dates — federal trademark/copyright/patent registration numbers, application serial numbers, first-use date for trademarks, first-publication date for copyrights, first-public-disclosure date for patents (one-year U.S. on-sale bar; absolute novelty in most non-U.S. jurisdictions).
  • Chain of title — who created the IP, was it done as employee or contractor, was there a written assignment or work-for-hire, do founders have proper assignments. Defective chain of title routinely kills otherwise-strong enforcement cases.
  • Any USPTO, court, or platform deadlines running — Office Action response (TM 3 months extendable; patent generally 3 months extendable to 6), TTAB answer (40 days), DMCA counter-notice (14 days), patent maintenance windows, opposition periods.
  • Communications already sent or received — cease-and-desist letters (sent or received), DMCA takedowns, settlement demands. Tone and content of early correspondence shape settlement posture and can become evidence.
  • For trade-secret matters: written secrecy program, NDAs, access controls, exit-interview protocols. "Reasonable measures" to maintain secrecy is a prerequisite for protection — without it, there is no trade secret.
When time matters

Deadlines to know.

IP deadlines are mostly procedural and mostly absolute. USPTO trademark Office Action responses are due three months from issuance, extendable three more months for a fee — missing it abandons the application. Trademark Statement of Use windows after Notice of Allowance are six months at a time, capped at 36 months total. TTAB opposition or cancellation answers are due 40 days from notice; default leads to judgment against the respondent. Patent prosecution Office Action responses are generally three months, extendable to six for surcharge. Patent maintenance fees are due at 3.5, 7.5, and 11.5 years from issuance, with a six-month grace period at extra cost — failure to pay ends the patent. The one-year on-sale and public-use bar from first public disclosure is the most-missed patent deadline in U.S. practice; outside the U.S., most jurisdictions have absolute novelty with no grace period at all. DMCA counter-notice is 14 days from a takedown to restore content. UDRP responses are 20 days from commencement. Copyright registration timing matters because statutory damages and attorney's fees require registration before infringement (or within three months of publication for published works). Trade-secret misappropriation by a departing employee usually calls for a TRO or preliminary injunction within days while the data is fresh. Patent infringement has a six-year damages lookback under § 286, and many trade-secret statutes run three years from discovery.

Common questions

What people ask.

  • Prosecution work is mostly flat-fee or hourly with predictable budgets: a U.S. trademark application typically runs $1,200–$2,500 per class through registration; a U.S. utility patent application typically runs $8,000–$20,000 through allowance depending on technology complexity; copyright registration is often a few hundred dollars. Litigation is hourly with rates from $350–$700+ depending on firm and matter; patent litigation through trial is often $1M+. Some plaintiff IP litigation is contingency. Trade-secret TROs are usually billed hourly given urgency. There's no fee for talking to us or for the introduction.

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