Copyright Law in El Paso, TX

Your creative property is often the byproduct of years of hard work and ingenuity. Due to this fact, you should take every opportunity to protect it, and yourself. One of the best ways to protect your intellectual property is through a registered trademark. However, this is a very nuanced area of the law, and you may want to have the expert advice of an experienced copyright attorney in El Paso to guide you through.

What Is Copyright Registration?

Copyright registration offers the author of a piece of work in El Paso, Texas 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 El Paso, TX 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 El Paso, TX business people and brand owners often trademark:

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

According to the Secretary of State of Texas, the trademark application process for creatives in El Paso must include several examples of the trademark in use with the goods or services you provide. The Secretary of State provides the proper paperwork, not only for applying for new trademarks, but also for renewing trademarks and changing ownership of an existing trademark.

When applying for your trademark, you should be aware that any mistakes or setbacks can delay the process. You’ll have to pay a $50 filing fee for a state trademark application in El Paso, but the fee goes up substantially if you are filing at the federal level. When filing a federal trademark application the filing fee is $325.

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

Depending on the type of trademark protection you are filing for, state or federal, your wait time to receive a trademark can be anywhere from 4 months to 18 months. This is according to the USPTO. The longer aspect of this wait time is generally due to application mistakes. If this happens, someone has flagged your application for further review and it will contribute to your wait time.

Trademark infringement is not uncommon, and whether it is done in bad faith or not, it can cause you monetary damages. It can also cause confusion among customers and lead them to inferior or knock-off products. If you experienced trademark infringement, you have every right to enforce your rights. To do so, you may need to seek the counsel of an experienced copyright attorney in El Paso.

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

The value of your El Paso, TX 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 El Paso, Texas 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 El Paso, TX 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 El Paso, TX. 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 El Paso copyright attorneys  that can guide you through every step? We can even help you connect with an attorney across Texas 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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