IP Simple Enough for an 11-Year-Old

Rosenthal IP LAW

Trademarks and Patents - What Are They and Some Important Facts

Trademarks, Patents & IP — What Business Owners Need to Know


For Take Your Children to Work Day, my 11-year-old son wanted to write a blog for me, so I asked him to write basics about what business owners should know about their IP. Michael, thanks for the shout out at the end!



Trademarks are basically like a name tag but for your whole entire business and honestly they are SO important. Ok so you know how at summer camp you write your name on ALL your stuff so nobody takes it?? It's like that but for your company name or logo or whatever. So like if you spent forever coming up with a really cool name for your business and then some random person just started using it like it was theirs?? That would be SO unfair and also really really annoying like I can't even deal. Business owners really need to know how to get one because if they don't some copycat can just come along and steal their whole entire idea and there's literally nothing you can do about it which is just the WORST thing ever I am sorry!!



Patents are kind of like calling dibs on something you invented and they are actually so cool. Ok so if you made up a new game on the playground you would want everyone to know YOU made it up right?? Like OBVIOUSLY you would!! A patent is just the serious grown up legal way of doing exactly that. If a business owner makes something totally new like a cool gadget or machine then a patent means nobody else can just copy it and start selling it and making money off YOUR idea. How incredibly rude would that be honestly. And business owners really want to know how long it lasts because it only lasts like 20 years which sounds like a lot but is actually only like two of my whole entire lifetimes so it's really not even that long when you think about it!!



Ok and this is the part that nobody really thinks about and it honestly kind of blew my mind you can actually LOSE your trademark if you don't use it. WHAT!! How is that even allowed!! It's like if you called dibs on the best seat at lunch every single day but never actually sat there not even once and then got all mad when someone else took it. Like sorry but that is kind of completely your own fault and everyone knows it!! So business owners really really need to know all the rules about keeping their trademark safe because after waiting all that time and spending all that money it would be SO incredibly bad to just lose it because you forgot to do something small. That would make me actually so mad I can't even imagine. Like why would you let that happen!!


Ok so let me tell you about the most IMPORTANT person a business owner could EVER meet and that person is my dad!!

โœจ He is literally a real life superhero called an IP attorney which stands for Intellectual Property attorney and OH MY GOSH does he know his stuff!! If you have the most amazing business idea or the coolest invention EVER and you are sitting there thinking "wait what if someone just STEALS this" my dad is THE guy you need to call like IMMEDIATELY!! ๐Ÿš€ He knows absolutely everything about patents AND trademarks and all the super complicated legal stuff that would make most normal people's brains actually explode trying to figure it out alone!! He runs his OWN firm called Rosenthal IP Law which is SO cool!! Basically what he does is he takes ALL the stress off your plate the mountains of boring paperwork, the waiting FOREVER and he handles it so you don't have to!! He makes sure that YOUR idea stays YOUR idea and nobody can just swoop in and steal what you worked so hard to build!! ๐Ÿ”’ So if you are a business owner reading this RIGHT now, please please PLEASE call my dad because honestly?? He is the best there is and that is just a fact!! ๐Ÿ†โœจ

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The Hidden Cost of Waiting Too Long to Register Your Trademark

By Larry Rosenthal • August 28, 2026
I often hear a common refrain: “I've been using this name for years, and nobody’s said anything, so I’m probably fine.” I understand that logic. But eventually, I get a phone call from that same business owner, and it is rarely a happy one. Another situation companies face is where they wait too long to file an application to register their trademark, only to find out that another company (that started using the same or a similar trademark at a later date) already filed an application. Common Law Rights Only Get You So Far Using a trademark does grant what are known as common law trademark rights. The problem is that these rights are geographically limited; they only protect you in the specific market where you’ve been doing business, not across the entire country. A federal registration with the USPTO provides a presumption of nationwide priority, the right to use the ® symbol instead of just ™, and a much stronger position in case of a dispute. While waiting to register a trademark does not negate your common law rights, it does leave the door open for someone else to claim rights in that same or a similar trademark elsewhere. What This Actually Costs You Filing a federal trademark application costs a few hundred dollars per product or service. This is a small price compared to the expenses of a forced rebrand, which includes new signage, packaging, and marketing, as well as the awkward task of explaining the name change to existing customers. Additionally, legal expenses incurred from responding to cease-and-desist letters can turn into an expensive procrastination habit. There’s also a quieter cost that often goes unbudgeted: lost search rankings, decreased web traffic, and a weaker position when trying to address copycat issues online. An unregistered mark leaves you with far fewer tools for enforcement. Your Filing Date Is Your Friend Here’s an unexpected advantage: your legal priority is established on the day you file, not when you receive the registration certificate (which can take 12 months or more, given USPTO timelines). Filing locks in your position in line nationwide. Generally, everyone who files after you is already behind you, registration or no registration. Therefore, it’s legally counterproductive to say, “I’ll wait until things calm down.” Don’t Let “Later” Become “Too Late” If a trademark registration is on your to-do list alongside “organize the garage,” I recommend moving it to the top of your priority list. Filing early is cheaper, stronger, and considerably less dramatic than waiting. If you’re a business owner seeking a trademark attorney or are currently involved in a dispute, Rosenthal IP Law is a trademark law firm that handles these matters daily, including application filings, oppositions, cancellations, and everything in between. Contact Rosenthal IP Law today to schedule a consultation on registering your trademark before someone else acts first, leaving you in a weaker position.

How IP Can Increase the Value of Your Business Before You Sell It

By Larry Rosenthal • August 10, 2026
Thinking about selling your business in the future? Whether that’s years down the line or just around the corner, it’s important to recognize that your intellectual property (IP) might be worth a lot more than you think. In fact, it’s one of the easiest things for business owners to undervalue. During the buyer’s due diligence process, IP often emerges as a key asset. What they find (or don’t find) can significantly influence the sale price. Understanding the Value of IP When people assess a business's worth, they often focus on revenue, customer lists, and physical assets. However, intellectual property should definitely be on that list, too. Think about it: a strong trademark, a solid copyright portfolio, a reliable patent, or a protected trade secret are all unique assets that a buyer can’t easily replicate. This uniqueness is what drives up the value of your business. A well-maintained IP portfolio not only demonstrates your business’s long-term potential but can also directly impact how much a buyer is willing to pay. On the flip side, if your IP is undocumented, unregistered, or unclear, it can seriously harm your business’s value. If buyers can’t verify your IP, they’re unlikely to pay for it, and in some cases, it could even derail the sale entirely. Navigating Ownership Complications One of the most common pitfalls for business owners comes right before a sale. Many assume that their business automatically owns everything it creates, like its branding and inventions. However, IP created by contractors, freelance developers, or even some employees is not guaranteed to be owned by the business unless it's clearly outlined in contracts. What Buyers Really Want During due diligence, buyers and their legal teams typically look for: Registered trademarks, patents, and copyrights that are current and properly filed. Proper and current use of trademarks. Written agreements that clearly assign IP created by contractors and employees to the business. A clear history of ownership of IP without any hidden disputes or litigation that could affect the ownership. Experts recommend that business owners start tightening up their IP documentation six to twelve months before putting their business on the market, rather than waiting until the last minute. The businesses that fare best during a sale are those that have treated their IP as a valuable asset, documented ownership clearly, and kept everything organized well in advance. A Little Preparation Goes a Long Way If you’re even slightly considering selling your IP in the coming years, now is a great time to review your IP portfolio. If patents are likely to be part of the sale down the road, it would be wise to consult a patent attorney to examine your assignment records and ownership chains before buyers start asking questions. Similarly, you should be using and protecting your trademarks properly, with clear ownership of the trademarks and their goodwill. Additionally, since copyrighted content, software, and creative assets are crucial for valuation, working with copyright law firms that understand how these assets are valued can make a big difference. Rosenthal IP LAW is here to help you set up a consultative service to protect and document your IP, ensuring it adds value to your business rather than becoming a question mark during a sale.

Thank These Innovative Women for Inventions We Commonly Use Today

By Larry Rosenthal • March 24, 2024
Although the right for women to vote in the US didn’t arrive until 1920, women were given the right to apply for a patent at the same time as men in 1790, when the Patent Act passed, allowing anyone to petition for protection of their original inventions and designs. This paved the way for Mary Dixon Kies to become the first woman, in 1809, to successfully file a patent that belonged to her. It was for a process of interweaving silk or thread into straw to make fashion-forward straw bonnets. Today we’re giving a very grateful shout out to the following 7 women whose ingenuity gave us everyday items of convenience we can’t live without. The Call Button. Miriam Benjamin , a schoolteacher, invented the “gong-and-signal chair” in 1888, which made it possible to call for assistance while seated, anywhere attendants were needed. From noisy train stations and hospitals to hotels, theaters, and offices, this handy tool allowed users to receive services wherever desired. The next time you’re on a flight and want to hail the flight attendant, thank Miriam as you press that call button above your head . Central Heating. Alice H. Parker filed a patent for her heating system in 1919, which involved drawing cool air into a gas furnace, then passing it through a heat exchanger, which then transported the heated air throughout the house via ducts. Now using natural gas instead of wood, her invention changed the game for domestic heating. Wi-Fi, Bluetooth, GPS. Hedy Lamarr , the actress who starred in Samson and Delilah, Ecstasy, and Ziegfeld Girl in the 1930s and 40s, was involved in developing a device that would prevent enemy ships from blocking torpedo signals during the Second World War. The invention allowed radio guidance transmitters and the torpedo's receiver to jump between frequencies simultaneously, which became known as "frequency hopping." Today, this is known as spread spectrum technology, and it gave way to the development of Wi-Fi, Bluetooth, and GPS. Windshield Wipers. Mary E. Anderson made her living being a rancher and real estate developer. However, in 1903, Anderson came up with a system that could automatically wash cars, which then gave way to the windshield wiper. Car Heater. Margaret A. Wilcox made traveling far more comfortable when, in 1893, she filed a patent for a car heating system. Originally designed for public railway cars, this technology has been consistently updated over the years and led to the car heaters we appreciate today. This heating system involved running a channel of air through the engine, where it was heated, and then sending it back into the rail cars. Ice Cream Maker. Nancy Johnson invented a device in 1843, the Artificial Freezer, which was the first hand-cranked ice cream churn. It sped up the amount of time it took to make ice cream or sorbet. Prior to her ingenuity, ice cream was made using very intensive labor and it often took a person hours to make. Funny enough, at that time, one could make the frozen treat but we’d have to wait a few years to find a way to store it so that it remained frozen since refrigerators hadn’t been invented yet. Caller ID. Shirley Ann Jackson , a physicist, is responsible for making caller ID accessible to all of us. In 1976, Jackson was hired by AT&T, where she researched in a number of fields. From this research, Jackson developed caller ID technology, something we wouldn't want to live without today. Not all patent filers started out as engineers or scientists – as you can see, they came from all walks of life and had one thing in common – the strong desire to pursue their creative idea to fruition. Registering a trademark or applying for a patent is an endeavor that has become more detailed and intricate over the years. There are enough possible twists and turns in the life of your application to deserve guidance from a professional. I work with my clients from initial consultation, to understand their product and intention, and through every single step, roadblock, and detour. If the thought of registering a trademark or applying for a patent has been your dream and passion, let’s discuss how to make it happen.