Frequently Asked
Intellectual Property Questions From Experts and Founders
Straightforward answers to the questions we hear most from creators, founders, and growing brands. This information is educational only, is not legal advice, and does not create an attorney-client relationship.
Can I trademark my methodology or framework?
Trademark law may protect the name or other source-identifying elements associated with a methodology, framework, or system, but a trademark does not give someone ownership of the underlying idea or process itself. Protecting a proprietary methodology often requires evaluating several forms of intellectual property and contractual protection. Culture Kept Legal evaluates the actual asset, its protectable elements, and how it is used before recommending a strategy.
Can I copyright my framework or method?
Copyright may protect original expression embodied in materials such as written curriculum, diagrams, workbooks, presentations, videos, and other creative works. Copyright generally does not protect an abstract idea, procedure, process, system, or method of operation itself. Understanding that distinction is important when building a protection strategy.
I created my methodology while working for another company. Do I own it?
It depends. Ownership may be affected by employment agreements, intellectual-property policies, job responsibilities, when and how the material was developed, use of employer resources, applicable law, and other facts. Ownership should be evaluated before building a substantial business or licensing program around the asset.
I paid contractors to help create my course. Does my business own it?
Not necessarily. Payment alone does not always produce the ownership result a business expects. The agreements, nature of the work, applicable copyright rules, and any written assignments should be evaluated to determine who owns the resulting intellectual property.
I want to certify other people in my method. What should I do first?
Start with ownership and protection. Before allowing other people to teach or become certified in a methodology, the business should understand what it owns and how those assets will be protected. The certification structure may then require licensing or certification agreements, trademark controls, curriculum-use provisions, quality standards, instructor terms, and clear rules governing how participants represent their relationship with the brand.
When should I talk to an IP attorney?
Ideally before a major commercialization event — launching a proprietary program, licensing intellectual property, developing a certification, hiring people to create important content, entering a collaboration, expanding a valuable brand, or responding to copying. Establishing ownership and expectations before a dispute usually gives the business more options.
What is the difference between a business-name search and a trademark search?
A business-name search typically confirms whether a state will let you register an entity name. It does not tell you whether another party already has trademark rights in that name. A trademark search looks at federal registrations and applications, state filings, and marketplace use, and it considers names that are similar enough to cause confusion, not only identical matches.
Can I trademark my personal name?
Sometimes. A personal name can be protected when it is used to identify goods or services in commerce rather than simply to identify a person. Surnames and names of living individuals carry additional requirements at the United States Patent and Trademark Office, so the analysis depends on how the name is actually used and how the business is structured.
Should I form my LLC before filing a trademark application?
Not necessarily, but ownership matters. The application must be filed by the party that owns or controls the mark, and correcting a misidentified owner later can be difficult. If you intend for a company to own the brand, forming that company first is usually the cleaner path.
Can I file a trademark before launching my business?
Federal law allows an application based on a bona fide intent to use a mark in commerce. That reserves a place in line, but registration still requires acceptable proof of use within the deadlines the USPTO sets. Timing should be planned around your actual launch.
Does owning a domain name give me trademark rights?
No. A domain registration is a contract with a registrar. Trademark rights arise from use of a name to identify goods or services in commerce, and federal registration comes from the USPTO. It is possible to own a domain and still infringe someone else's mark.
What happens if the USPTO refuses my application?
A refusal is issued as an office action with a response deadline. Some refusals are procedural and readily addressed; others are substantive, such as a likelihood-of-confusion or descriptiveness refusal. The right response depends on the basis of the refusal and what your brand needs to own. Outcomes are never guaranteed.
How long does federal trademark registration take?
Timelines vary with USPTO workload and with what happens during examination. Applications that proceed without refusal generally take many months, and applications that receive office actions or oppositions take longer. We give you current expectations for your matter rather than a fixed promise.
Can Culture Kept Legal represent clients outside California, Georgia, and Washington, DC?
Yes, for federal trademark matters. Trademark law is federal, and Lerae Funderburg represents trademark clients nationwide before the United States Patent and Trademark Office. Her state bar admissions are California, Georgia, and the District of Columbia, and state-law matters are limited accordingly.
What is the difference between a complimentary discovery call and a paid legal consultation?
A discovery conversation is a brief, general exchange about fit and scope; no legal advice is provided. A paid legal consultation is an appointment in which Attorney Funderburg reviews your specific situation and provides legal guidance. Advice about a current issue is provided through the paid legal consultation.
Does submitting the website inquiry form make me a client?
No. Submitting the inquiry form does not create an attorney-client relationship, does not guarantee representation, and does not schedule an appointment. An attorney-client relationship is formed only upon execution of a written engagement agreement. Please do not send confidential information before that agreement is in place.
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