Copyright Law in Eugene, OR

It’s important for individuals and companies in Eugene to protect their intellectual property. Trademarks are established and protected so that there is no confusion on the part of the consumer. However, there may come a time when someone infringes upon your work, and you’ll need to enforce your trademark rights. This is where the counsel of an experienced Eugene copyright attorney could prove most beneficial.

What Is Copyright Registration?

Copyright registration offers the author of a piece of work in Eugene, Oregon 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 Eugene, OR 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 Eugene, OR business people and brand owners often trademark:

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

The Oregon Small Business Development Center gives an overview of the steps you’ll need to take in order to secure trademark protections. There are many active trademarks in Eugene, and throughout the U.S. Keeping that in mind, you should consult the Oregon Active Trademark Database to be certain that your mark doesn’t too closely resemble someone else’s.

When submitting an application you’ll need to be sure to attach samples of the mark being used in conjunction with the goods or services that you provide. You’ll also need to include certain information such as your business address, the classification of your business, and the date that the trademark was first used. In addition, you will have to include a $50 non-refundable filing fee.

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

The Oregon Secretary of State encourages all Eugene creators and entrepreneurs to know the differences of filing for a trademark at the state level, as opposed to the federal level. While filing at the state level means the process moves a little more quickly, generally receiving your mark anywhere from 4 to 6 months, it only offers trademark protection in the state. A federally recognized trademark will offer you protections throughout the U.S., though the USPTO states that receiving this mark can be lengthier, taking anywhere from 12 to 18 months.

When you file your application, it may be in your best interest to have an experienced copyright attorney in Eugene by your side. He or she can help you avoid the pitfalls that can lengthen the time it takes to receive approval for your trademark.

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

The value of your Eugene, OR 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 Eugene, Oregon 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 Eugene, OR 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 Eugene, OR. 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 Eugene copyright attorneys  that can guide you through every step? We can even help you connect with an attorney across Oregon 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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