Well, I think the key lies in whether it would be profitable to pursue someone who violated the patent, trademark, or copyright. After all, the USPTO and the U.S. Copyright Office do not do the leg work for that. Then, I would consider the value of all three categories (that are active). I’d also want to consider licensing for each category.
With trademarks, I would consider the use of it before I considered enforcing my legal rights. It would need to make sense financially and it would depend on the context in which the trademarked name or logo were used. If it were mentioned in a way that wasn’t derogatory, it’s almost like free advertising (even if the audience for the particular mention happened to be small).
With patents, under the Patent Cooperation Treaty, there’s a good chance many of the existing patents could be patented in just under 150 countries. Again, though, we come back to whether it is feasible to do because, again, is it reasonable when I’d have to keep an eye on violations in all of those countries and get involved in the legal system.
Copyrights are great, but it’s also a broad area. Since it is a theoretical issue, I’d say I would make sure that I had a great legal team to help stay on top of it.
Yet, I can’t make a decision without answers to my other questions.
For anyone reading this that may be interested in getting a copyright, patent, or trademark, you can do it yourself, but it is probably better to work an intellectual property attorney. The application process can be complex (at best) and a mistake could result in your application getting rejected. The application process can also be expensive. If you’d like the help of an intellectual property attorney, check out. We offer affordable legal help for people looking to file for a patent, trademark, or copyright.