Copyright Law in Georgia

How much do you think your copyright or trademark could be worth?

Home Depot has the highest brand value of any company in Georgia currently. At the time of writing, Statista estimates it to be a little under $53 billion.

However, you’ll have to file for IP protection before realizing life-changing profits. Discover why this complicated process can benefit from the expertise of a patent in our article today.

What Is Copyright Registration?

Copyright registration offers the author of a piece of work in Georgia 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 Georgia 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:

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

Entrepreneurs can register a trademark through the Office of the Secretary of State. As of 2022, the filing fee is only $15. You shouldn’t have much problem obtaining this legal protection as long as you meet the requirements. However, state officials advise the public that they do not enforce it. You have to take your grievances to the Georgia Judicial System for that to happen.

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

The USPTO suggests it will take businesses in Georgia twelve to eighteen months to register a trademark. According to their current process, six complex steps must happen to secure this intellectual property. Consequently, the government recommends that you avoid pitfalls that can cause delays like:

  • Forgetting to use identifications from the ID Manual
  • Not using the dedicated fields in TEAS to respond to office actions
  • Sending informal messages to parties that are not the assigned examining attorney
  • Not responding as soon as possible to communications from the office

As for copyrights, the federal registration processing times estimate a wait of around three months. Thankfully, you will not likely not have to wait as long to register in Georgia with the Office of the Secretary of State. Their website reports that most online submissions become resolved in fifteen business days.

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

The value of your Georgia 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 Georgia 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.

Georgia 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 Georgia. 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 Georgia copyright attorneys that can guide you through every step? We can even help you connect with an attorney across Georgia 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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