Practice Areas
Barlow, Josephs & Holmes, Ltd. is experienced in all facets of obtaining patent protection in the United States. Being a small firm, Barlow, Josephs & Holmes, Ltd. is well-suited to developing and maintaining a direct and personal relationship with the client throughout the entire patent protection process.
Patent Search and Patentability Opinion – The first step in the patent protection process is the patent search to determine the level of possible patentability of the invention. In connection with a thorough patent search, a complete patentability opinion is issued along with copies of all patents uncovered as a result of the search.- U.S. Patent Protection – If the search indicates that patentability exists to the satisfaction of the client, a patent application is drafted and filed seeking patent protection. Barlow, Josephs & Holmes, Ltd. will handle all aspects of the prosecution of the patent application through the United States Patent and Trademark Office.
- Foreign Patent Protection – If desired by the client, patent protection in foreign countries may be sought with the assistance of a network of foreign legal associates throughout the world. Although a very lengthy and expensive process, foreign protection is critical to clients with operations and sales outside of the United States.
- Non-Infringement Studies – Barlow, Josephs & Holmes, Ltd. is available for conducting comprehensive non-infringement analyses where a client’s device is studied to determine whether it infringes a particular patent.
- Patent Licensing and Sale – After patent grant, license/royalty agreements can be drafted as well as assignment documents in connection with the sale of patent.
Barlow, Josephs & Holmes, Ltd. provides a wide array of trademark services for clients of all sizes, from the sole proprietor to the large corporation. These trademark services include registration protection as well as counseling and planning regarding mark selection and adoption.
- Trademark Search and Registrability Opinion – The first step in the trademark protection process is a comprehensive trademark search to determine whether the selected mark is available for use and registration. Such a search includes research in numerous databases, including Federal Registrations and Application, State Registrations, Dun & Bradstreet Business Directory, Corporate Name Finder, a Common Law Registry and several others. A complete registrability and use opinion is issued along with a listing of trademark items uncovered as a result of the search.
- Federal Trademark Application – If the search indicates that the mark is available for use and registration to the satisfaction of the client, a federal trademark application is drafted and filed seeking federal registration protection. Barlow, Josephs & Holmes, Ltd. will handle all aspects of the prosecution of the trademark application through the United States Patent and Trademark Office.
- Foreign Trademark Protection – If desired by the client, trademark protection in foreign countries may be sought with the assistance of a network of foreign legal associates throughout the world. Foreign trademark registration protection is critical to clients who sell their products abroad. Recently, the CTM (Community Trade Mark) registration procedure has made trademark registration in the European Community simpler, more streamlined and much less expensive.
- Trademark Licensing and Sale – Registered trademarks and non-registered trademarks (common law marks) are available for license and sale. Barlow, Josephs & Holmes, Ltd. is available for counseling and planning in connection with the sale or licensing of a trademark as well as to draft any documents needed in connection with such matters.
Barlow, Josephs & Holmes, Ltd. practices in all areas of Copyright Law. In particular, the firm provides counseling and planning regarding protection of new works as well as maintaining and enforcing an existing copyright portfolio. Litigation and enforcement includes civil actions against infringers
After protection is obtained for a given patent, trademark or copyright, enforcement is often required. Barlow, Josephs & Holmes, Ltd. will work with its clients in the important phase of policing and enforcing its intellectual property. This includes evaluation of accused items and taking the appropriate action to terminate the offending activity. If appropriate, the Firm will bring civil actions, either directly or with the assistance of a litigation law firm, as part of the enforcement.