Copyright Law in Las Vegas, NV

According to Inc Magazine, there are several reasons to launch your business in Las Vegas. For example, the city offers notable advantages with its tax incentives and low cost of living.

But, two aspects of your company that are entirely your own endeavor are copyrights and trademarks. They can prove difficult to obtain and even more laborious to defend from infringement. If you experience trouble with either of these elements, you will need the details we’ve gathered in this article.

What Is Copyright Registration?

Copyright registration offers the author of a piece of work in Las Vegas, Nevada 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 Las Vegas, NV 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 Las Vegas, NV business people and brand owners often trademark:

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

The Nevada Secretary of State handles registering trademarks for companies from Las Vegas. Applying for the mark costs $100, and a renewal is $50. Other notable inclusions to the current fee schedule include:

• $60 for amendments

• $100 for assignments

• $50 for cancellations

• $125 for 24-hour expedited service

• $500 for 2-hour expedited service

• $1,000 for 1-hour expedited service

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

The USPTO advises that they have seen record-breaking numbers of applications. Consequently, their data shows a significant increase in the time it takes them to satisfy their procedures. As of the second quarter of 2022, a first office action took an average of 7.7 months.

The current processing times suggest an applicant from Las Vegas should plan on waiting thirteen months. Avoiding delays can mean leaning on best practices and advice from an experienced attorney. A few examples of what successful registrants do to streamline their experience include:

• Research databases to look for potential legal complications

• Applying for a mark that is too generic under laws and regulations

• Using descriptions that don’t show acquired distinctiveness

U.S. Copyright Office claims take much longer to process when they need to correspond with applicants. For the most part, specialists get through applications in a little over three months.

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

The value of your Las Vegas, NV 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 Las Vegas, Nevada 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 Las Vegas, NV 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 Las Vegas, NV. 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 Las Vegas copyright attorneys  that can guide you through every step? We can even help you connect with an attorney across Nevada 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!