Los Gatos Trademark Registration Lawyer Discusses Trademarks, Registrations, and Copyrights
A Los Gatos trademark registration lawyer can explain that there are various types of ways to protect intellectual property. The type of protection that is necessary depends on what needs to be protected. Here are the key differences between trademarks, registrations, and copyrights.
Trademarks protect identifying symbols, words, and names that are associated with a particular product or work. A special symbol is attached to a trademarked word. Having a trademark shows that a particular design or product belongs to a particular business or party. Trademarks are exact in nature – they do not protect a business from competing with another business that creates a similar product or uses a similar name. A Los Gatos trademark registration lawyer can explain that the company may not have a legal argument against another company that uses the same name or design if it does not have a registration.
A Los Gatos trademark registration lawyer can explain that by registering a trademark, a company can be protected against another business using the same name or design. Registration is completed through the United States Patent and Trademark Office. Having a registration means that the trademark is protected on a federal level. Before another company can register its own trademark, it has to check if there are any existing registrations that bear the same name, image, or design. This is done by searching an online database. Registration is a time-consuming process, often taking four or more months before a company receives a response to its application. The registration is good for ten years. However, it must be re-confirmed after five years to show that it is still in use. A Los Gatos trademark registration lawyer can explain that if a company registers a trademark that is too similar, it can be found guilty of trademark infringement.
A copyright is usually sought for original works of art, including visual art, music, literature, and drama. It can also be secured to protect other intellectual property. A copyright gives the creator of a work the right to reproduce it, distribute copies of the work, and to perform the work publicly. The work itself is protected with a copyright. However, copyrights do not protect names, slogans, methods, designs, ideas, titles, phrases, or other such information that may be used to identify a product or work. A copyright does not need to be registered with the official copyright office as a copyright is automatically created upon creation. However, there are some benefits of filing a registration of a copyright with the copyright office.
Contact a Los Gatos Trademark Registration Lawyer
A Los Gatos trademark registration lawyer can assist with the registration of a copyright. This protection typically lasts for the creator’s lifetime, plus an additional 70 years. For more information on copyrights and trademarks, contact The Freed Law Firm at 831-661-0300.