Copyright Law in Fort Lauderdale, FL

Organizations like the Fort Lauderdale Chamber of Commerce take pride in supporting local entrepreneurs. But, they can only do so much. Tax incentives and training programs are fantastic, but what do you do about copyrights or trademarks?

For the most part, gathering and protecting intellectual property is your responsibility. Although, that doesn’t mean you can’t benefit from sound advice and legal counsel. By the time you finish this article today, you will understand your options better and be able to formulate a cohesive plan.

What Is Copyright Registration?

Copyright registration offers the author of a piece of work in Fort Lauderdale, Florida 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 Fort Lauderdale, FL 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 Fort Lauderdale, FL business people and brand owners often trademark:

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

Trademarks and service marks are under the purview of the Florida Department of State. Businesses from Fort Lauderdale need to complete the application and mail it with the appropriate fees. The current fee schedule depends on the number of classes you need to claim. For example, consider the following services and prices:

  • $87.50 per class for registration
  • $50 per class for assignment
  • $87.50 per class for renewal

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

Getting through each stage of the registration process can take over a year. Specifically, the USPTO states that most applications will take twelve to eighteen months. However, the overall timeline depends on the current situation for a business from Fort Lauderdale. For instance, the procedures change on the filing basis. A few examples of these for local business owners to consider are:

  • Section 1(a): Using the mark in ongoing business operations for goods and services
  • Applying to register a trademark that you own from your country of origin: Section 44(e)

According to the U.S. Copyright Office, 23% of the claims they handle require correspondence with the applicant. This statistic is notable because any communication increases the processing time. For the most part, you can expect a three-month turnaround. But, the government reports it can take up to one year to get through their procedures.

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

The value of your Fort Lauderdale, FL 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 Fort Lauderdale, Florida 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 Fort Lauderdale, FL 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 Fort Lauderdale, FL. 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 Fort Lauderdale copyright attorneys  that can guide you through every step? We can even help you connect with an attorney across Florida 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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