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You have a name, a product or an idea … while these may be intangible, they represent your intellectual property - the unique character of your business. They are yours and yours alone, and like business owners the world over, you want to keep them that way.
A well-designed and well-researched intellectual property program helps to safeguard your names, products, business information, and ideas against infringement or copying by others. It can also save your business valuable time and money in the event a name or idea is already taken.
I have over 36 years of experience practicing law in Colorado. I work to tailor an intellectual property protection program around your business's unique needs – whether you are setting up a new entity, creating a new name for a product or service, developing or negotiating contracts, registering a new brand, or preparing an advertising campaign in print or over the Internet. I am also 'of counsel' with the firm of HOLZER PATEL DRENNAN and often work with the firm to put your tailored program into place.
Legal Assistance includes: audit and analysis of existing and developing intellectual property in order to create a financially reasonable protection and maintenance plan, trademark selection, review, prosecution, & protection, U.S. copyright registration and protection, general contract drafting and negotiation (including licensing, government contracts, and grants agreements), trade secret policies and employee education, due diligence in asset sales and acquisitions, entity formation & maintenance, real estate contracts, acquisitions, and disputes, and more.
Over my years in practice, I have worked in other varied areas including complex civil litigation and domestic issues. This variety of legal experiences gives me a broad view of legal issues.
About Judith Keene
Judith Keene graduated from Georgetown University with a BS from the School of Foreign Service in 1982. After working in Washington, D.C., Ms. Keene attended law school at the University of Colorado and graduated with a J.D. in 1987. On graduation, she was an associate at a large firm for a few years, and then spent 23 years as a solo practitioner and 10 years with HOLZER PATEL DRENNAN (HPD), a boutique intellectual property and business law firm. Ms. Keene is still 'of counsel' with HPD.
Licensed in Colorado since 1987
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Frequently Asked Questions
Generally, if someone else is using or has applied for a trademark or trade name that is "likely to be confused" with your chosen brand by consumers in the same geographic area, you may not use that trademark. Seek legal counsel as a likelihood of confusion analysis is quite involved.
Once an appropriate search is conducted to determine that your trademark is unlikely to be confused with another existing trademark or trade name, an application can be made the the U.S. PTO for either an "intent to use" a trademark or a trademark that is already in use providing products or services to customers. To be granted a U.S. registration, the mark must be "in use in interstate commerce" in more than your home state. Currently, applications take between 10-12 months on average to proceed through the application process. Seek legal counsel as it is easy to make errors on this application.
For products, a trademark that is in use in interstate commerce is a mark that is affixed to labeling; and the product bearing that labeling is sold or distributed for further resale outside your home state. The sales or distribution must be to an unrelated third party (not to relatives or friends at your request). For services, the services must be provided outside your home state in the same manner as products, but since no "labeling" occurs with services, the trademark must appear on advertising, brochures, hand-outs, or literature distributed or displayed online in connection with the services. If you provide products or services to unrelated third parties for testing, there are some situations where such testing could be "use". Generally, beta testing is more likely to constitute use, however, consult with legal counsel for assistance in determining what constitutes appropriate interstate use.
You should consider your 5-10 year plan for your business. If you only intend to conduct business using your trademark in your home state, you may wish to only register your trademark with your Secretary of State. If you plan to conduct business in connection with your trademark throughout the U.S. and not in other countries, you may wish to apply for registration with the U.S. PTO. If you plan to sell products and/or offer services outside the U.S., you may wish to research the availability of your trademark in the U.S. and those other countries and apply for registration, if an application for registration appears to be a good business risk. A legal professional can assist you with planning for your growth. Also, since your plans may change, having a long-term relationship with an intellectual property attorney can be very helpful.
An original artistic work reduced to a tangible medium of expression may be protectable by U.S. Copyright law. Examples are 2-dimensional artwork, 3-dimensional artwork, books (not the title), workbooks, seminar materials, slides from a presentation, choreography (written down), songs, and lyrics.
You must register your copyright in artistic works with the U.S. Copyright Office in order to stop third parties from infringing your works. Without registration, you may not sue an infringer for copyright infringement.The U.S. is a member of certain treaties that may assist with the protection of your copyrighted and registered work in some other countries.
Unlike patents, trademarks and copyrights, there is no registration process for trade secrets. In order to maintain a "secret," the owner must take steps to maintain secrecy. This may be accomplished through a Trade Secret Policy that is carefully followed. If specific employees are required to know the secret to do their jobs, steps should be taken to create a Trade Secret Policy to delineate the steps required to both disclose and continue to maintain the information as secret. A legal professional can assist you with creating this policy and determining the steps to follow to maintain secrecy.
The U.S. Congress passed this law (the CTA) in 2021 in an effort to make it more difficult to hide illegal activity through shell companies or other structures. The CTA requires companies (including single-member LLCs) to disclose beneficial owners, persons exercising control over a business, and certain other individuals through the Beneficial Ownership website (BOI). While there are some exemptions, many companies will need to make this filing. Businesses created before January 2024 will have until January 1, 2025 to comply. Companies created in 2024 (or later) will have 90 days from formation to comply. You may access the online form here: https://boiefiling.fincen.gov. There is no fee. You should have all driver's license or other valid identification in your possession before beginning the process. Consult with an experienced legal professional if you have questions about this process.
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This website is for informational purposes only. Nothing written here should be considered legal advice. If you have questions about a specific legal issues, contact a qualified legal professional.