Intellectual Property

Trademarks

Intellectual Property (“IP”) refers to creations of the mind, such as art, logos, names, and literary works. Protecting your IP can help you receive credit for your work, address infringement and unfair competition concerns, and manage distribution, reproduction, and display. IP can also include trademarks, copyrights, trade secrets, software, creative works, and other commercially valuable business assets. Whether you need preventive protection for a new brand or product, or a legal response when your rights are challenged, our intellectual property attorneys in Boise are here to help.

Trademark Clearance & USPTO Registration

Trademarks can be:

Words
Symbols
Sounds
Colors
Shapes

The trademark must be in connection with certain classes of goods and/or services, so consumers know what is being offered when they see the trademark.

We help Boise businesses screen trademark ideas before a product or service launch, evaluating whether a proposed mark may conflict with existing marks and whether it’s positioned for registration. Trademarks are registered in the United States with the USPTO. We represent clients throughout the registration process, including responding to substantive examiner office actions when the USPTO raises legal or application-related issues that must be addressed before registration can proceed.

Registering a trademark with the USPTO may provide certain legal presumptions concerning ownership and validity and may establish nationwide priority over later users of similar marks, subject to applicable law and circumstances. Once registered, maintenance filings are generally required at regular intervals to keep the registration active.

Maintenance filings include:

A Declaration of Use between years 5 and 6
A combined Declaration of Use and Application for Renewal between years 9 and 10
A combined Declaration of Use and Application for Renewal every 10 years after that

Trademark Licensing & Disputes

Trademark owners may also face infringement claims, opposition or cancellation proceedings before the Trademark Trial and Appeal Board (TTAB), and licensing questions. We assist with trademark licenses, coexistence agreements, and concurrent-use agreements to help our clients manage their marks over time.

Copyrights

Copyrights refer to original creative works, including:

Literary works
Works of art
Software
Movies
Music
Videos
Performances
Architectural works
More

Copyright ownership is automatic as soon as the work is created and fixed “in a tangible medium.” This means the creator does not have to file anything to obtain basic ownership over the work.

Copyright registration can create an official record of a work. For United States works, registration or refusal by the Copyright Office is generally required before filing a federal infringement lawsuit. Timely registration may also affect eligibility for certain statutory damages and attorney-fee remedies.

A registered copyright may last for the life of the author plus 70 years, depending on the work and applicable law.

Copyright agreements can address ownership, permissions, assignments, licensing, reproduction, distribution, and use of creative works. We assist Boise clients with copyright registration and copyright agreements covering software, media, architectural works, written works, and other creative assets. We also represent clients in defending copyrights and addressing potential legal issues involving copyrighted material.

Talk to a Boise Intellectual Property Lawyer

Whether you’re building a new brand, protecting a creative work, developing a software product, structuring a licensing arrangement, or responding to a suspected infringement, our attorneys are ready to help. Mooney Wieland Warren PLLC provides legal advice and litigation services to corporate clients, professionals, public entities, and other organizations. Our IP practice covers trademark, copyright, trade-secret, unfair-competition, false-advertising, and related matters. Contact our Boise intellectual property attorneys at (208) 214-6014 to discuss your situation.

Trade Secret Protection for Boise Businesses

Trade secrets can include business data, documents, processes, customer lists, and other valuable information that is not generally known outside the business. Protection depends on that information having economic value from not being generally known and on the business taking reasonable measures to keep it confidential.

A trade-secret protection strategy may involve:

Confidentiality agreements
Access controls
Document practices
Employee and contractor provisions
Licensing terms

When misappropriation is a concern, potential issues can include unauthorized acquisition, disclosure, use, copying, or transfer of confidential business information. Our IP lawyer team can help Boise businesses assess what information may qualify for protection and develop appropriate agreements and practices.

IP Agreements & Disputes

Beyond registration, intellectual-property rights are shaped by agreements and, when disputes arise, by how well those rights are documented and enforced. We assist clients with intellectual-property licenses and copyright agreements that address ownership, permitted uses, scope, and related terms.

Our practice also covers right-of-publicity matters, unfair competition, false advertising, and other IP-related claims. IP disputes may involve ownership, the scope of authorized use, infringement, licensing terms, confidentiality obligations, advertising claims, or the use of a person’s name or likeness. Evaluating a dispute typically requires reviewing contractual rights, registration records, communications, and the commercial impact of the conduct at issue. We use legal technology, including AI-assisted research and analytics, as part of our approach to working efficiently on behalf of clients.

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