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Dear Reader:


THE INFORMATION BELOW IS NOT MEANT TO REPLACE FORMAL LEGAL ADVICE, but rather designed to give a quick, informative, and simplified primer on the discussed materials. If you have or are concerned that you may have an issue that requires formal legal counseling, I recommend you directly contact and communicate with a knowledgeable attorney. This information is meant solely to educate.  By using this information you agree that no attorney client relationship has been created or implied, formally or informally. Those are the terms of using this information and by continuing to read these posts you expressly consent to those terms. I sincerely hope you find this information useful. Of course I welcome all opportunities to provide you with formal legal services should you need them. If you find that you have a legal need contact me through any of the means provided in the Contact page. That being said, please enjoy.



                                        Eric A. Hinojosa

The United States Patent and Trademark Office (USPTO) can issue patents on novel designs.  These patents are called design patents.

These design patents are very different from the utility patents.  If you read my other article on utility patents, you might recall that...

What is a Trade Secret?


Trade secret law is set out by the various State enacted laws.  Texas, along with the large majority of States, has adopted a form of the Uniform Trade Secret Act.  Trade secret laws are for protecting information having economic value that is n...

What is a Copyright?


Copyright is the collective name for the rights to control (1) reproduction (additional copies), (2) preparation of derivative works (aka adaptations), (3) distribution of copies (think sales, rental, lease, licensing), (4) public performances, and...

What is a Trademark?

A trademark is a special legal designation given to a particular symbol to indicate the source of goods or services.  The symbol can actually be a word, words, images, sounds, color, fragrance, or style of appearance, aka trade-dress.  The TM a...

What is a Patent?

A US patent is a set of rights granted by the United States Patent and Trademark Office (USPTO).  In a nutshell, a patent grants the holder the right to control the use, production, sale, and license of the subject of the patent for the life of the pat...

What is “Intellectual Property”?


The term, as used in the US legal lexicon, describes the rights that can be held by a person or entity in intangible things.  For example, these intangible things can be inventions and designs (patents), reputation (trademarks), origina...

While there are many differences, at the core each type of intellectual property is a distinct bundle of rights. 


In a nutshell: patents are for 1) useful inventions, 2) non-functional aesthetic designs, and 3) novel plants; copyrights are for works, aka expressions,...

Have you ever asked yourself: Why do I need a trademark? – or – What does a trademark do for my business?


The answer to each of those questions is simply that you need to protect your brand and a registered trademark is an important part of being able to do that. E...

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Do I need a Trademark?

June 11, 2015

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