When should I apply if I am planning on launching a mobile app for iOS in August? 5 Answers as of March 19, 2014

It is my understanding that I will need to trademark my logo and apply for a provisional patent to protect my idea from being immediately copied by Facebook or Twitter. Am I missing anything?

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Shimokaji & Associates
Shimokaji & Associates | Michael Shimokaji
You are correct to apply for both patent and trademark sooner rather than later.
Answer Applies to: California
Replied: 3/19/2014
Law Office of Kirk Buhler
Law Office of Kirk Buhler | Kirk A Buhler
The patent office currently operates on a First-to-File basis. A provisional patent application will give you patent pending status for one year while you make changes and improvements. The non-provisional version must be filed within one year of filing the provisional version. The trademark for a logo (stylized mark) should also be timely filed. I'm not sure they will "immediately" copied, but if there is money that can be made from the application, there will be people that will copy the application. Let me know if you have any questions in regard to this issue.
Answer Applies to: California
Replied: 3/19/2014
Webb IP Law Group
Webb IP Law Group | Jason P Webb
It is safest to file your applications before you launch. You risk losing rights and more if you don't.
Answer Applies to: Utah
Replied: 3/19/2014
Eminent IP, P.C.
Eminent IP, P.C. | Paul C. Oestreich
Your understanding is correct. Under the America Invents Act (AIA) we now have a first to file patent system. So, you must file your patent application (provisional or otherwise) before others, if you want to own the invention. Accordingly, anyone in the business of developing patentable subject matter should "file early and often" if they intend to protect their inventions. The provisional filings can be rolled up into a nonprovisional (utility) or international (PCT) application within a year of filing. Under U.S. trademark law, you can file an intent-to-use (ITU) trademark application to preserve your trademark rights against subsequent users. The advantages of the ITU application are that you only need a bona fide intent to use the mark in commerce to apply, and it gives you an early constructive date of first use as of your application filing date. You should also consider filing one or more copyright applications for your mobile app and its unique and creative user interface and software code. As always, you should consult an experienced intellectual property attorney to fully explore your particular facts and options in protecting your intellectual property.
Answer Applies to: Utah
Replied: 3/19/2014
Banner & Witcoff, Ltd. | Ernie Linek
For the patent application - apply before you launch. For the trademark application - file after you have launched.
Answer Applies to: Massachusetts
Replied: 3/19/2014
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