Trademarks

WHY TRADEMARK OR COPYRIGHT?

Trademarks and copyrights are essential vehicles for protecting your Intellectual Property. While a trademark protects your brand, a copyright protects your content. There is a surprising amount of power encapsulated in the little ™ and © symbols, and they are worth pursuing if you have a brand or content that you want to protect.

As defined by the United States Patent and Trademark Office (USPTO), a trademark is “a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others;” meaning that a trademark is a distinctive word or symbol that is unique solely to your brand and which consumers can easily identify as belonging only to your brand. Once you have a registered trademark on the federal register, you are granted nationwide trademark protection and others are prevented from using an identical or similar name on similar goods and services. Although, in some circumstances, common law intellectual property rights exist, it is easier to successfully challenge another individual’s, or entity’s, use of an identical or similar mark to yours when you have registered your mark with the USPTO. A trademark is an indispensible tool for preventing others from capitalizing on a brand in which you have invested your time and money creating.

Although a copyright technically exists at the moment a writing, photograph or other form of art is created, you do not receive the benefits of copyright protection until your work is registered with the United States Copyright Office. One benefit of registration is that after proving an infringement, the holder of a copyright registration is entitled to statutory damages. However, if you have not registered your copyright, these damages may not be available to you or your company. Having that © symbol attached to your work puts others on notice that your work is protected and cannot be used without your permission or without a license. Copyright holders frequently license their copyrighted materials to other businesses and persons, and these licensing agreements can result in significant, and lucrative, royalties that are payable to the copyright holder. The ability to license your copyrighted content is yet another reason for registering with the United State Copyright Office.

If you have a brand that you would like to trademark or content you wish to copyright, please contact the attorneys at the Paleudis Law Firm, LLC. Our attorneys have experience advising clients how to proceed in order to protect their intellectual property rights, filing trademark applications with the USPTO, and registering copyrights with the Copyright Office. The attorneys at the Paleudis Law Firm, LLC will ensure that your application or registration is filed expeditiously and completely. After submission of your trademark application, we will continue to zealously prosecute the application on your behalf, including preparing responses to office actions and making appearances before the USPTO.

Moreover, the attorneys at the Paleudis Law Firm, LLC are experienced in litigating intellectual property disputes. Each case is unique, and claims of infringement will often turn on a thorough and detailed analysis of the facts. For this reason, and to protect your valuable intellectual property, you should contact the attorneys at the Paleudis Law Firm, LLC as soon as you suspect infringement.

To schedule an initial consultation regarding your copyright or trademark matter, please contact us through our Online Contact Form, by email: contact@rudnerpaleudis.com, or by phone: (212) 835-6768, (215) 331-6487 or (609) 480-3080.