Copyright Law in Arizona

Unfortunately there are bad faith actors operating in the world. Scammers and thieves have no compunction about taking your intellectual property and using it, or misusing it, for their own financial gain. Due to this fact, it may be in your best interest to consult with an experienced copyright attorney in Arizona when protecting your intellectual property. This area of the law is nuanced, but he or she can help guide you and help you protect what is yours.

What Is Copyright Registration?

Copyright registration offers the author of a piece of work in Arizona some protection from those who attempt to steal their idea.

A novel creation receives copyright protection when it becomes fixed into a tangible form. Copyright law dictates how to establish this ownership. Additionally, it explains how to register intellectual property or defend against infringement.

Copyright registration is a type of public record for ownership. Technically, a piece of work doesn’t require copyright registration for protection under the US copyright law. However, you should register your product in Arizona with the help of a copyright lawyer. This can offer you several unique advantages. By doing this you can:

  • Protect your work against the importation of copies that infringe the registration. Your registration will be recorded with the United States Customs and Border Protection.
  • If your work is already registered in the United States, you can proceed with an infringement lawsuit; otherwise, you will have to register it first.
  • The IP owner can seek damages and attorney fees if a copyright registration happens within three months of publication (or prior to an infringement claim).
  • If a copyrighted work is registered outside of the three-month time frame, you may seek actual damages that you lost.
  • Copyright registration will identify each public record of its existence. This action puts the copyright protection into public notice for the piece of work that you’ve created and/or own.

What Is a Trademark?

A trademark is a word, symbol, design, or phrase that distinguishes you from another company. Service marks are a type of trademark that a company will use when providing services to the public.Technically, trademarks are a form of intellectual property. It also forms part of the company’s brand, even if they no longer use it.

Here are some of the components that business people and brand owners often trademark:

  • Logos
  • Symbols
  • Product packages
  • Name of the business
  • Name of the product or service
  • Designs

The Office of the Secretary of State of Arizona provides full support for those seeking to file trademark registrations in the state. The state differentiates between Trade Names and Trademarks. Trade Names are protected by copyright for 5 years, while Trademarks are protected in the state for 10 years. The office also provides filing tips such as:

  • Researching the name of the owner upon renewal. A trademark cannot be renewed under a different owner.
  • Request duplicate certificates to be kept on hand. Each duplicate is $3.
  • Seek legal counsel in any instance of conflict.
  • The system does not have every trademark on an electronic file. To thoroughly research your trademark you may want to study the microfiche provided by the office.

You should also consult the Arizona Trade Name and Trademark Handbook when conducting your research. Or you can enlist the services of an experienced copyright attorney in Arizona.

How Long Does It Take to Register a Trademark and Copyright?

Applications for trademarks in Arizona can take a period of weeks to process, and then a period of weeks to approve. It is important to remember that this is a long process, and while you may be anxious to receive your protective status, it is still run by human beings. The USPTO states that it generally takes 12 to 18 months to register a trademark in Arizona. However, any mistakes or missteps in the filing process can cause that time period to lengthen. In order to avoid such a mistake, you may want to hire an experienced Arizona copyright attorney.

What’s the Difference Between a Trademark and a Copyright?

The value of your Arizona business depends on the assets it owns. It’s important to note that the most valuable assets are not always physical or financial. Your intellectual property counts as assets too. Because of this, if people use those assets without your permission, you can and should file a lawsuit against them for infringement under copyright law.

While trademarks and copyrights protect intellectual property, they cover two different aspects. Copyright registration protects artistic and literary works, such as videos and books. On the other hand, a trademark registration protects brand components. This could be a jingle, a logo, or a mascot of your organization.

Take, for example, if you own a magazine publishing company. You would trademark the logo and the name of your company. However, you would also place copyright protection on all of the magazines that you have published.

Work With an Experienced Arizona Copyright Lawyer

Do you have an idea that needs protection under intellectual property law? If so, complete the registration process as soon as possible. There is always the risk that someone else might beat you to it. This eventuality can create complications when the time comes to defend IP rights claims.

Arizona copyright lawyers can help you uncover if anyone else has registered a similar idea. If your concept closely resembles another, it might get rejected. Consequently, it is better to find this early than to go through the process only to get denied later. In addition, an intellectual property lawyer will help you to draft critical documents. Or, they can help determine the value of the intellectual property that you own.

An intellectual property lawyer also assesses the quality of the assets. They will look at the number of assets licensed under your name or your business in Arizona. This evaluation can help to maximize the entire value of all intangible assets that your company has.

Are you ready to tap into our network of Arizona copyright attorneys that can guide you through every step? We can even help you connect with an attorney across Arizona state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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