Barbara Berschler

In this time of uncertainty, the Law Office of Barbara I. Berschler remains open to serve existing and new clients. I offer a combination of in-depth experience to advice business owners about issues related to business law (i.e., entity formation, contracts, commercial leases) and intellectual property law (i.e., trademarks, copyright, open source software, licensing). As your business grows, it is important to have a legal adviser versed in both areas of the law in order to avoid problems and to protect the major assets of your enterprise.

Trademarks

Trademark Litigation, Trademark Registration

Intellectual Property

Business Law

Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

• Commercial Lease Negotiations
• Copyright Registrations & Protection
• Licensing Agreements

• Free Consultation
• Rates, Retainers and Additional Information
  The initial telephone conversation which would cover the scope of services to be provided is offered at no charge. I also offer fixed fees for certain services and a special fee plan package.

Maryland

Since 1984

Principal

Law Office of Barbara I. Berschler

2016 - Current

I provide legal services for my general business matters and intellectual property protection for trademarks and copyright.protected works.

Member

Press & Dozier, LLC

2009 - 2016

I provide legal services to business owners in the areas of: intellectual property protection, entity formation, contracts, commercial lease negotiations, franchise agreement negotiations.

Temple University Beasley School of Law

J.D.

Washington College

LL.M. (2003) | Intellectual Property-Copyright & Trademark

Honors: Awarded the Brinks Hofer Gilson & Lione Award for Excellence in Intellectual Property Law

Maryland State Bar Association

Member

1984 - Current

Activities: Member of the Business Law and Intellectual Property Law Sections.

District of Columbia Bar

Member

1979 - Current

The Business Owner’s Guide to Intellectual Property Issues

2020

Introduction to Intellectual Property for Business Owners, SCORE Workshop, Washington, DC

July 29, 2016

SCORE-DC

The workshop covers legal issues that a business owner faces in taking steps to protect her/his intellectual property such as: copyright, trademarks, trade secrets, non-disclosure agreement.

Franchise Legal Issues for SCORE-DC, SBA HQ, Washington, DC

June 7, 2016

Bi- Annual Presentation that introduces those thinking of buying a franchise to legal issues that come up in the Franchise Disclosure Document (FDD), Franchise Agreement, Commercial Lease, Entity Formation.

Examining Synergistic Architectural Relationships through the Lens of Copyright, DesignDC 2014, Washington, DC

October 10, 2014

Washington Chapter, American Institute of Architects

Examined copyright issues faced by architects.

Q. Can I patent a formula for a hair product I’m creating for a celebrity?

June 9, 2020

A: It sounds like what you have is a trade secret which reveals the proportions of the ingredients. You may want to look into having a nondisclosure agreement in place so that you can license her the know-how to create the product. For example, supposedly the original recipe for Coca Cola has been kept a secret for almost 100 years.

Q. I am currently writing a book that I intend to turn into a tv series. If I write up a proposal, can I copyright the idea

June 9, 2020

A: As Ms. Surero said, copyright does not protect "ideas." Rights of copyright do attach as soon as you "fix" the idea in some expression. In your case, it sounds like you have established some copyright rights in your draft of the book. Depending how far along you are in that process, you might consider registering it with the Copyright Office as an unpublished work. It will be best to consult a copyright attorney so you can explore the full range of options you may have.

Q. I have a question about a company name

June 9, 2020

A: Trademark rights are not merely created by someone registering the mark, whether with the USPTO or under a state's law. Under the common law, if you use a mark as a mark, you can acquire trademark rights in that mark. You would need to investigate further about whether the other person has "abandoned" the mark. It does not take much activity in order for a trademark to be kept alive. However, if your use of the name/mark is for a difference purpose, you may be able to apply for the mark. By way of example, the mark "Dominion" is successfully used by a bank, electric company and sugar producer because a consumer would not be confused as to which company she was dealing with.