Albuquerque Intellectual Property Attorneys

Protecting the Intellectual Property Rights of Individuals and Businesses in New Mexico

When you create something, you deserve to decide what is done with it. The law gives creators and owners the exclusive right to choose how they use their intellectual property and take enforcement actions when someone violates that right. To fully protect their rights and interests, however, creators and owners must take proactive steps to register their intellectual property.

If you regularly create original works or lead a business that owns intellectual property, Potts Law Firm can provide the sophisticated representation needed to protect your interests and enforce your rights. Our Albuquerque intellectual property lawyers have over 250 years of combined legal experience and regularly help clients register copyrights, trademarks, and patents. We also assist clients with enforcement actions, including litigation concerning the misappropriation of trade secrets. With over $1 billion recovered for our clients, our firm’s track history of securing favorable outcomes speaks for itself.

If you have questions about protecting your intellectual property, schedule a free initial consultation by calling (505) 305-1283 or contacting us online. We offer same-day appointments and provide services in English and Spanish.

Types of Intellectual Property

Intellectual property is an umbrella term that covers several types of “products of the mind,” meaning they are intangible elements. One thing all types of intellectual property have in common is their creation requires mental effort.

Intellectual property law treats each type of intellectual property differently, so it is important to understand the distinctions. Some intellectual property rights are conferred automatically upon the creation of a piece of intellectual property, but you will often need to register new creations to enjoy more comprehensive protections.

Our Albuquerque intellectual property attorneys can assist you with cases involving:

  • Copyrights. Any tangible expression of an original artistic work, such as a painting, novel, film, architectural design, musical composition, or piece of computer software is copyrightable. Some copyright protections are triggered upon the creation of the tangible expression of a work. To access full copyright protections, you must register the work. Copyright protections typically expire 70 years after the death of its creator unless it was created as a work for hire, meaning an employee created it for an employer. Copyright protections for works for hire generally expire 95 years after the date of first publication.
  • Trademarks. A slogan, phrase, word, logo, symbol, or any other “mark” that is used in commerce to distinguish a company, a product, or a service can be trademarked. Trademarks are granted on a “first to use” basis, meaning whoever uses it in commerce first gets the right to use it in that geographic area. To get full trademark protection, you must register a mark with the United States Patent and Trademark Office (USPTO). Trademarks do not expire so long as you take procedural steps to renew them and continue to use them in commerce.
  • Patents. Any useful, novel, and non-obvious invention can potentially be patented. Machines, chemicals, processes, manufactured plants, and appearances of a specific product are all patentable. Patent protections are not automatic. To protect a patentable work, you must register with the USPTO before someone else registers a fundamentally similar or identical invention. The patent’s type will determine when it expires, but utility patents (which cover machines, chemicals, and processes) generally expire 20 years after the date the application was filed with the USPTO.
  • Trade Secrets. A trade secret refers to information that is commercially valuable only because it is secret. Specifically, it must be only known to people within your organization and anyone you deliberately choose to share the information with. You can take legal action against people or organizations that misappropriate trade secrets if you take concerted action to protect the secrecy of the proprietary information. This is typically accomplished through the implementation of information security measures and restrictive covenants.

If your intellectual property rights are being violated, do not wait to get legal advice. Call (505) 305-1283 or contact us online to discuss your options today.

It's All About Your Recovery

Hear From Our Past Client's
  • I had a wonderful experience with this law firm.

    “They were able to complete it in a timely manner and were great at keeping me up to date with communication throughout the entire process. I highly recommend using this law firm if the need arises.”

    - Stephen P.
  • I wouldn’t hesitate to recommend him or any of the team at Potts.

    “Michael Bins has been extremely helpful in helping us to navigate a situation with an insurance claim on a commercial property. He’s gone above and beyond in moving our case toward a positive resolution that we’re satisfied with.”

    - Theo C.
  • The Potts Law Firm is a powerhouse of brilliant attorneys.

    “They know the law from every angle, dig deep, and will not accept anything less than what was asked in the original suit. The Potts team never backed down until the case was settled in full.”

    - Molly H.
  • I would recommend Potts Law Firm for any and all legal matters that come my way in the future!

    “The Potts Law Firm answered all of my numerous questions in layman’s terms which is what I needed. I was able to lie back & heal from my injuries knowing full well that my obligations were being handled appropriately.”

    - W. Gary
  • Great law firm!

    “Very responsive they would call and text me about everything going down! They helped me get through my car crash and I would greatly recommend this team!”

    - Hugo G.

Enforcing Intellectual Property Rights

When you successfully register and own a copyright, trademark, or patent, you have the right to do whatever you want with the protected intellectual property. You can sell a piece of intellectual property to someone else, or you can choose to license intellectual property to others while retaining ownership. However, no one can exploit your intellectual property without your express permission, and you must be ready to fight back if anyone attempts to do so.

If you do not attempt to enforce your intellectual property rights when someone uses a piece of intellectual property without your permission, you could lose those rights. After discussing the matter with Potts Law Firm, you can expect to send a letter to the offending party that informs them of the infringement and demands they cease their unlawful activity. If they refuse to do so, we can help you pursue additional legal action.

If it becomes necessary to file a lawsuit to stop infringement, our Albuquerque intellectual property lawyers will work to secure:

  • An injunction that requires the defendant to cease all unauthorized use of your intellectual property
  • Compensation for damages and legal fees
  • Profits derived from the infringement
  • Punitive damages


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