Intellectual Property

A company’s intellectual property can be its most important asset. Those assets may include software, inventions, brand names or logos, or a host of other types of protectable intellectual property. McCandlish Holton’s attorneys have deep experience in helping companies develop, protect, and obtain benefit from their IP.


Trademarks and service marks can be any word, name, symbol, design, or phrase used to identify the source or origin of goods or services. Trademarks and service marks can include the name of a company, the name of a new product or service, a phrase or a tagline, or a specific packaging or color.

Regarding trademarks, we can assist you with:

  • Research for Clearing Trademarks
  • Registration, both Federal and State
  • Coordination of Foreign Registrations
  • Maintenance of Trademark Rights
  • Watching for Infringement
  • Infringement Litigation
  • Licensing and Assignment Agreements
  • Related Internet Agreements (such as Linking and Co-Branding Agreements)


The U.S. Copyright Act protects original works of authorship fixed in a tangible medium of expression. Examples of copyrightable works include photographs, songs, drawings, motion pictures and software programs.

Regarding copyrights, we can assist you with:

  • Registration with the U.S. Copyright Office
  • Registration in Foreign Countries
  • Infringement Litigation
  • Licensing and Assignment Agreements
  • Employment and Independent Contractor Agreements
  • Related Internet Agreements

Trade Secrets

A trade secret is information that is not generally known to the public, has economic value and is subject to reasonable precautions to protect its secrecy. Trade secrets can include software source code, business methods, marketing plans, customer lists, production processes, and product and service ideas.

Regarding trade secrets, we can assist you with:

  • Trade Secret Identification and Employee Education
  • Confidentiality and Non-Compete Agreements
  • Employee and Independent Contractor Agreements
  • Assignment and License Agreements
  • Creating Trade Secret Protection Policies
  • Unsolicited Submission Policies
  • "Clean Room" Development Policies
  • Enforcement Litigation


A U.S. patent prevents others from making, using, or selling a patented invention in the U.S. The U.S. Patent & Trademark Office grants patents for three categories of inventions: utility patents, design patents, and plant patents.

Regarding patents, we can assist you with:

  • Assignment and License Agreements
  • Selection of and Coordination with an Appropriate Patent Registration Attorney
  • Technology Development Agreements
  • Infringement Litigation

Related Services

Often your intellectual property needs don't fit into just one intellectual property category. We also can assist you with these issues:

  • Software Licensing, Maintenance and Escrow Agreements
  • Software Implementations and Consulting Agreements
  • Litigation regarding Software Issues
  • Product Development and Manufacturing Agreements
  • Overall Intellectual Property Audits
  • False Advertising Issues
  • Employee Education Programs
  • Overall Intellectual Property Policy Development
  • Trade Dress Protection

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