Copyright Law in Honolulu, HI

Honolulu creators and entrepreneurs should do everything within their power to protect their creative work. One of the key steps in protecting your work is to establish a trademark for your product. This is a very nuanced area of the law, and to avoid confusion or mistakes in the application process, you may want to seek the counsel of an experienced attorney in Honolulu.

What Is Copyright Registration?

Copyright registration offers the author of a piece of work in Honolulu, Hawaii 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 Honolulu, HI 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 Honolulu, HI business people and brand owners often trademark:

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

The Department of Commerce and Consumer of Affairs of Hawaii attempts to simplify the application process for those in Honolulu that are looking to protect their intellectual property with a recognized trademark. When filing there is a standard application fee of $50, but you can also apply for an expedited application process. This brings with it an extra fee of $20 to accompany the original filing fee.

When you present your application you must give a detailed description of the mark you are wishing to protect. This description should include a detailed drawing, as well as any words, phrases, or sentences that accompany the mark. In addition, make sure to include examples of the mark being used in your business. These examples can include business cards or letterhead. UpCounsel provides examples of what constitutes proper and improper uses of a trademark.

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

While the wait time to receive approval for your trademark can vary depending upon each individual circumstance, the Hawaii State Government records that once you have received your protective trademark, this registration will last for 5 years. You must re-register your mark to keep it active. This reregistration can begin at any time 6 months prior to the date of expiration of the original mark.

You deserve to give yourself every advantage in business you can. Having a trademark is an excellent way of achieving brand recognition and protecting your intellectual property. And the best way to file for and receive a trademark may be to take full advantage of the experienced counsel from a Honolulu copyright attorney.

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

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