The term ‘intellectual property’ describes a work or invention (for example, a manuscript or a logo design) that you have rights to. That’s it. These are creations of your mind (or someone’s mind) that took form. Our firm can help you with both trademark and copyright protection.
A trademark is a word, name, phrase, symbol, design, sound, color, or smell that identifies and distinguishes the source of the goods or services of one party from those of everyone else in the marketplace.
A federally registered trademark protects use of your trademark with respect to a particular good or service against confusing use or damage to reputation by another person or company.
A trademark should help consumer identify the source of the particular good or service when they see the mark. If another company uses a trademark similar to yours in a same or related manner, it could cause confusion for consumers.
Copyrights automatically arise when a work is created. Copyright law protects “original works of authorship.” The type of works protected by copyright include, but are not limited to, illustrations, photographs, books, poems, movies, manuscripts, songs, and designs. With your copyright, you have the exclusive right to reproduce and distribute copies of your work, among other things. You have these rights without registering your copyright. However, registration has significant benefits.
One of the main issues in copyright disputes is ownership. In a dispute, the copyright ‘owner’ has the burden to prove that she is the valid owner of the copyright in order to win her claim. Registering your copyright creates a public record of ownership. Once you receive your registration, the copyright owner becomes eligible for statutory damages.
Our firm can help you with securing federally recognized intellectual property rights. Schedule your consultation today.