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

Today I'm talking about Trademark Tales of Terror: specifically, how to stop a competitor from committing a trademark chainsaw massacre on your brand identity. If a patent protects what your invention does (like the Ouija board’s mechanisms I talked about last week), a trademark protects who is selling it. It’s your name, your logo, your slogan, a signature scent or sound, signature packaging, and...

The scariest part of a patent to would-be infringers isn't the drawing; it's the claims section. The claims are the numbered sentences at the end of the patent that legally define the precise scope of protection. If it's not in a claim, it's not truly protected! That’s why it’s of the utmost importance to have strong, well-written claims that properly cover everything you want to protect. The clai...

Don't Believe the Hype The USPTO is going to put some new applications through an AI search and give applicants “an initial communication identifying a ‘top ten list’ of potential prior art issues in need of attention.” Too soon. I don’t have confidence in an unsupervised AI tool like this. The technology isn’t there yet and will likely give applicants, especially pro se applicants, some misleadin...

The original Ouija board patent expired in 1908, and the claims to the invention, a letter board, a planchette, and the way they worked together, went into the public domain. These days, utility patents for how something works last for 20 years. Design patents for how something looks last 15 years. Once patent rights expire, there is no resurrecting them from the dead. At that time, your success d...

I’m hammering home a petrifying patent pitfall that often hits inventors hard: the 12-month on-sale bar. Let’s look to the sad tale of inventor Lawrence Pfaff and his failed patent for an electronic socket. He missed his application deadline by just 11 days after the first day he offered his invention for sale. Waiting for 12 months and 11 days after that initial on-sale date destroyed his ability...

People often assume the Ouija board patent protected the "spirit communication." NO! A utility patent (like the original Ouija patent US446054) only protects the functional parts of an invention: how it works, how it’s made, or what it does. The Ouija patent protected the specific arrangement of the letters and the moving indicator as a game device. It had nothing to do with the claim of contactin...

Buckle up, my beasties, because we’re about to do a deep dive into divination patents. This week, we’re going to look at one of the most famous, and creepiest, game-related patents ever granted: the patent for the Ouija board. Now, buckle up, my beasties, because we’re about to do a deep dive into divination patents. Most people think of patents for things like new surgical tools or smartphone fea...

Failing to protect your confidential business information is not only a grave mistake; it can be fatal. Trade secrets aren't just for big corporations like Coca-Cola. Your business might have a special recipe, a unique marketing plan, or a customer list that needs protection. Say you’ve made a new slime formula that will make running a seasonal haunted house less expensive and won’t stain visitors...

What’s the #1 copyright grave mistake? It’s assuming your work is fully protected by default. While copyright does exist the moment you create something, if you want to sue an infringer for maximum damages, you MUST have a copyright registration, and you must get it within relevant deadlines. Without it, you're a cursed creator. Here's a Real-Life Example: Artists and authors are fighting back aga...

Publicly disclosing your invention before you file a patent application can be a grave mistake. This is one of the most terrifying things an inventor can do. In the U.S., you can lose your right to patent your invention if you talk about it publicly more than one year before you file. In some countries, once it’s public, there’s a shorter grace period or no grace period at all. Imagine showing off...

What’s the scariest thing you can do with your business name? Skipping a trademark search. I see this nightmare all the time: a new business invests in branding, only to get a cease-and-desist letter because they unknowingly used a name that was already taken. They have to rebrand asap and maybe pay the other company damages. It's a costly and terrifying mistake. Here’s a Real-Life Example: In 202...

I hear too often from business owners who’ve lost their brand name, their unique invention, or their artistic work because of one thing: a grave mistake in intellectual property. Welcome to the first week of Spooky Season! I’m Julie King from King Patent Law, and this time of year, I love talking about the very real horrors of intellectual property gone wrong. Today we’ll step into the graveyard o...

I get it. The word "lawyer" can be a little spooky. You might be afraid we’re going to be a blood-sucking vampire who costs a fortune, or a snobby monster who makes you feel stupid with all their jargon. But a good intellectual property lawyer is actually on your side! We're here to help you save time, avoid legal pitfalls, and secure your brand's future. We can even save you money by making sure...

Are you ready to file a patent application on your own? Think twice. The process isn't just about a good idea; it's a legal minefield, or like the people trying to escape the psycho killer in a horror movie who run into a barn full of sharp objects. You need to be incredibly careful to make sure you’re taking the right steps. The number one reason do-it-yourself patent applications fail is because...

Got a great name for your company and you’re ready to file a trademark application? Stop! Don't let your brand become a victim. The number one reason a DIY trademark application gets denied is because another entity is already using an identical or confusingly similar name. It's like a brand doppelgänger! This is why a thorough trademark search is the first, most critical step. Think of it as your...

Are you trying to decide whether to hire an intellectual property lawyer or tackle some IP legal work yourself? If you're just registering a simple copyright on one song or a book, you might be able to handle it yourself. But if you're building a brand, a business, or an IP portfolio you want to last and give you the maximum protection, you should consider hiring a pro. We can help you with strate...

To DIY or not to DIY, that is the question many creators and entrepreneurs ask themselves when it comes to applying to register their intellectual property or take other steps to protect it. What’s the answer? That depends on a variety of factors, and I’ll be going over that today. You know you need to protect your work, but you've reached a crossroads. The question is: do you walk the path alone...

Here's a spooky thought: what happens to your work after you're gone? If you don't have a plan, your creative legacy could get lost in legal hell. But if you've registered your intellectual property and included it in your estate plan and your business succession plan, you can ensure that your work and brands continue to generate income for your loved ones and business partners. Don't let your har...

Think of your business. What makes it valuable? The name, the products, and the brand. Your intellectual property, your copyrights, trademarks, patents, and trade secrets, are valuable assets. They can be bought, sold, and licensed. They also add what’s called “goodwill” value, which is the powerful reputation you’ve built that goes along with them. Having a strong IP portfolio makes your business...

You spent years building your name and brand. You poured your blood, sweat, and tears into it. So, what happens when a knockoff tries to use a similar name or logo? Your federally registered trademark is your brand's security system. It gives you the legal power to stop impostors from using a confusingly similar name or logo in your industry. Think of the brand loyalty you’ve built with your custo...

Are you a creative business owner who wants to get paid for your work again and again? It's time to learn how to license your scream! Licensing is when you give someone permission to use your copyrighted, trademarked, patented, or proprietary work in exchange for a fee. For example, a big studio wants to use a character from your indie film. Or a brand wants to use your graphics in their social me...

Why Should You Protect Your Intellectual Property? The Frighteningly Good Power of Patents, Trademarks, Copyrights, and Trade Secrets Why should you care about protecting your intellectual property? Because your creative work and your name are more than that; they’re the foundation of a frighteningly powerful brand and business. What’s up, everyone? I’m Julie King, welcoming you back to “Know Your...

Got a special effects secret? A unique makeup formula? That may be a trade secret. If it doesn’t quite qualify as a trade secret, it’s still proprietary and/or confidential information. Here’s the thing: Those kinds of secrets are only protected as long as you keep them, well, a secret. If you post your special formula on your social media, you’ve just released it from its cage. It's gone. You can...

What does it mean for an invention to be “obvious,” beyond that you can't get a patent on an invention if it is? The obviousness issue with patents means your invention has to be a true step forward, not something a professional in your field would figure out easily. A new guitar pedal that just adds an existing type of reverb in a slightly different way? Probably not patentable. But a pedal that...

Are you starting a dark and unusual boutique? Is your name... "The Goth Shop"? You may want to rethink that. Trademarks are meant to identify the source of your goods. A generic name like "The Goth Shop," “Occult Emporium,” or “Curl Up and Die” is just too common to identify a specific source. The law won't let you lock down a name that many other spooky stores already use. Those names also suffer...