Copyright Law in Colorado
Are you preparing to take your business to the next level?
The Denver Business Journal reports that Dish Network and DaVita are among the most valuable brands in Colorado. There’s no reason why hard work and dedication can get your company to the top. But, for many entrepreneurs, that journey starts with obtaining copyright or trademark protection. Take the first steps toward success by learning the facts below and assessing how a local attorney can assist.
What Is Copyright Registration?
Copyright registration offers the author of a piece of work in Colorado 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 Colorado 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:
- Product packages
- Name of the business
- Name of the product or service
Companies in Colorado can register trademarks and service marks through the Secretary of State. They complete this task by filing a business document through the government’s website. Once accepted, this legal protection lasts for five years. Renewals must happen within 180 days of this expiration date.
How Long Does It Take to Register a Trademark and Copyright?
Overall, the USPTO estimates that registering a trademark is a twelve to eighteen-month process. Several factors can decrease or increase this period. For example, responding to the examining attorney about mistakes or omissions can extend things. There are also nuances that, when missed, can even lead to an outright rejection of the application.
The US Copyright Office states that it can take several weeks to receive requests. But, the published registration processing times suggest a 3.6-month wait. If you realize you made a mistake, you may be able to revise. In an ideal situation, you will already have confidence due to the expertise of a local copyright attorney.
What’s the Difference Between a Trademark and a Copyright?
The value of your Colorado 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 Colorado 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.
Colorado 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 Colorado. 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 Colorado copyright attorneys that can guide you through every step? We can even help you connect with an attorney across Colorado 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!