
Intellectual property is important to countless creatives and business owners across California. Securing your IP rights can be a confusing and frustrating process for those with little or no legal knowledge. An Irvine intellectual property lawyer can aid in defending false infringement claims, filings with state and federal agencies, and pursuing any bad actors using your assets without permission.
Since 2010, The Kinder Law Group has helped people in Irvine, Los Angeles, Orange County, and communities throughout Southern California with their intellectual property matters. Founding attorney Brian P. Kinder has years of experience handling intellectual property cases ranging from minor disagreements to large-scale infringement claims. He maintains a 10.0 rating on legal website Avvo and was named a Rising Star by Super Lawyers.
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Intellectual property (IP) refers to a broad range of intangible assets that belong to a person or legal entity. IP can include works of art, novels, inventions, company slogans, branding symbols, secret recipes, novel production methods, and client lists. Intellectual property cannot be a vague notion or general knowledge. For example, an idea for a story is not protected, but a complete novel is.
Intellectual property in the United States falls under four distinct categories, each with its own unique registration process. The following are types of IP that The Kinder Law Group can assist with:
Southern California has a strong creative industry that relies on copyright law. Copyright is a type of intellectual property used for original works of authorship. Copyright protects a work once it is in a fixed and tangible form, but registration with the US Copyright Office can be essential for fighting infringement. Examples of copyrightable material include:
The length of a copyright depends on how it was made. The general guideline is that copyright protection lasts the life of the author and 70 years after their death. For works made by multiple people, the 70-year time limit only applies once the last surviving creator dies. Anonymous works are protected for 95 years from publication or 120 years from creation, whichever occurs first.
Trademarks are a type of IP used as brand identity for a business. Examples include slogans, logos, packaging, or any other signifier unique to a company. Trademarks can be issued either on the state level by the California Secretary of State or the United States Patent and Trademark Office (USPTO). At the end of quarter one of 2026, the USPTO reported 3,579,090 active registered trademarks.
Trademarks can last in perpetuity if continuously renewed. State-level trademarks remain active for five years from issuance and must be renewed within six months of expiration. USPTO trademarks require a Declaration of Use after five years from the registration date, and an Application for Renewal every 10 years.
Patents provide exclusive legal rights for novel inventions, designs, compositions, machines, or processes. Utility patents are the most common type of patent granted. They are used for original and improved products, creation methods, and matter compositions. Design patents protect ornamental, aesthetic features for manufactured goods. Plant patents are the least common type, and they are granted for new plant varieties.
Utility and plant patents last 20 years, while design patents only last 15 years. Patents are not renewable, and utility rights require maintenance fees or risk early expiration. Utility patents require regular maintenance payments.
Trade secrets refer to information that is valuable to a company only if it remains confidential. Secret recipes, customer lists, business plans, and algorithms are all protected IP. Since trade secrets have economic value by remaining classified, they are not formally registered with a governmental entity. The main avenue for preventing infringement is a non-disclosure agreement (NDA) included in employee contracts.
IP complications can be overwhelming and time-consuming cases to deal with on your own. Hire an intellectual property lawyer to handle legal matters while you focus on other professional concerns. Your Irvine intellectual property attorney can provide many essential services, such as:
The Kinder Law Group can help you with each stage of your intellectual property case. Our attorneys can use their years of experience and legal skill to make a positive impact on the proceedings.
Reach out today to book your initial consultation, where we can learn your story and discuss options for moving forward. You may also visit our Irvine offices, located on Von Karman Avenue, a few blocks east of John Wayne Airport, southwest of the 405, and northeast of the Upper Newport Bay Nature Preserve.
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