Copyright Law in Cincinnati, OH
Creatives in Cincinnati deserve the full credit for the intellectual property and inventions they bring to market. It is not uncommon for another individual or business entity to use your designs. Wether this be by mistake or in an attempt to lure business away from you. To protect your work, and protect yourself from monetary damage, you may want to consult with an experienced Cincinnati copyright attorney. He or she can help you protect your intellectual property and get the credit you deserve.
What Is Copyright Registration?
Copyright registration offers the author of a piece of work in Cincinnati, Ohio 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 Cincinnati, OH 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 Cincinnati, OH business people and brand owners often trademark:
- Product packages
- Name of the business
- Name of the product or service
Cincinnati creatives have trademark applications provided for them online by the Ohio Secretary of State. You will have to sign and date the application, as well as provide a detailed description of the trademark, including drawing when applicable. You may also be required to include several examples of the trademark in use in conjunction with your goods or services.
To demonstrate the power of trademarks, NBC reports that Ohio State University recently was able to trademark the word “THE” after years of legal wrangling in the courts. For branding, as well as merchandising purposes, the school is now the only entity that is allowed to brand its products as “The Ohio State University.”
How Long Does It Take to Register a Trademark and Copyright?
Receiving your trademark in Ohio can take a period of months. It’s important to remember that this process can become even longer if you have made an error on your application. However, according to the USPTO, a national trademark application can be anywhere from 12 to 18 months before receiving approval.
Copyright and trademark law is nuanced. As a result, it can be quite easy to go astray if you are going it alone. Time is of the essence when you are waiting for your trademark, and an experienced Cincinnati copyright attorney can help you put your best foot forward when filing your application.
What’s the Difference Between a Trademark and a Copyright?
The value of your Cincinnati, OH 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 Cincinnati, Ohio 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 Cincinnati, OH 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 Cincinnati, OH. 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 Cincinnati copyright attorneys that can guide you through every step? We can even help you connect with an attorney across Ohio 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!