Copyright Law in Boise, ID

Intellectual property represents both the time, work, and creativity of the entrepreneurs and designers of Boise. As such, it is only appropriate that you take every measure to safeguard your property from bad actors. Perhaps the best step you can take is filing for a trademark to protect your intellectual property. An experienced Boise copyright attorney may be able to help you with this.

What Is Copyright Registration?

Copyright registration offers the author of a piece of work in Boise, Idaho 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 Boise, ID 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 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 Boise, ID business people and brand owners often trademark:

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

It is worth remembering that once you file your application for a trademark, there are fees that accompany this process. The Idaho Secretary of State lists the variety of fees required, whether you are filing for your initial trademark, or renewing the registration of an existing trademark. You can file your application either online or by submitting a paper application.

When you file, you will have to submit several examples of your trademark in use with the goods or services that you provide. You’ll also need to do a tremendous amount of research before filing your application. KTVB7 recently reported that a local Boise company called Backcountry Pursuit had to rebrand to Boise Collective Gear after being sued for trademark infringement. A Utah-based company sued on the trademark grounds of the word backcountry.

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

The Idaho SBDC stresses to Boise entrepreneurs that there are different wait times for your trademark depending on where you file and how you plan to use it. A mark that is only going to be used in Idaho will have a smaller wait time, generally around 4 to 6 months. However, a national trademark can take as many as 18 months for approval, according to the USPTO.

Protecting your work is paramount, and it gives you the legal avenues to fight back against anyone who may infringe upon your intellectual property. However, this area of the law is incredibly nuanced, and any problems with your trademark application can delay the process. To avoid this, you may want to seek the experience of a copyright attorney in Boise.

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

The value of your Boise, ID 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. 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 Boise, Idaho 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 Boise, ID 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 Boise, ID. 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 Boise copyright attorneys that can guide you through every step? We can even help you connect with an attorney across Idaho 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!