Copyright Law in Bismarck, ND
Are you a creative professional or entrepreneur in Bismarck?
You likely understand that protecting your IP is more critical than ever. Your logo, product design, or other assets offer a distinction that you work hard to deserve. You cannot allow others to profit from it or tarnish its reputation with impunity.
You can find peace of mind and know your creations have legal protections. Start by reading this guide and getting a referral to a local lawyer today!
What Is Copyright Registration?
Copyright registration offers the author of a piece of work in Bismarck, North Dakota some protection from those who try 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. A piece of work doesn’t require copyright registration for protection under the US copyright law. However, you should register your product in Bismarck, ND with the help of a copyright lawyer, as this can offer you several unique advantages:
- Protects 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 becomes 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 established Bismarck, ND business people and brand owners often trademark:
- Logos
- Symbols
- Product packages
- Name of the business
- Name of the product or service
- Designs
Registering a trademark in North Dakota starts with ensuring its uniqueness. You or your attorney in Bismarck can search through the records kept by the Secretary of State. You must confirm that the trademark is not too similar to another one. Next, submit a trademark application to the Secretary of State. This application should include a representation of the trademark, its associated goods or services, and the necessary fee.
How Long Does It Take to Register a Trademark and Copyright?
Registering a trademark with the USPTO can take 6 to 12 months for Bismarck residents. First, they check if your application is complete. Next, an examining attorney reviews it for legal compliance and existing conflicts. If they find issues, they ask for more information, which can delay the process. After resolving these issues and getting approval, your trademark gets published in the USPTO Gazette. This action opens 30 days for anyone to oppose it. If there are no objections, your trademark becomes registered.
Registering a copyright with the U.S. Copyright Office usually takes 3 to 6 months for online submissions and 7 to 14 months for paper ones. These times can change based on how many applications they receive. How long it takes can also depend on the type of work you want to register.
What’s the Difference Between a Trademark and a Copyright?
The value of your Bismarck, ND 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. Due to this, if people use those assets without your permission, you can file a lawsuit for infringement.
While trademarks and copyrights protect intellectual property, they cover two different aspects. Copyright registration protects artistic and literary works, such as videos and books. A trademark registration protects brand components. This can 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 the magazines that you have published.
Work With an Experienced Bismarck, North Dakota 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.
An experienced Bismarck, ND copyright lawyer 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 determine the value of the intellectual property that you own.
An intellectual property lawyer also assesses the quality of the assets. They will also look at the number of assets licensed under your name or your business in Bismarck, ND. 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 Bismarck copyright attorneys who can guide you through every step? We can even help you connect with an attorney across North Dakota 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!
