Copyright Law in Montana

Zippia reports the top three companies in Montana are Talen Montana, Fringe Benefit Resources, and Billings Clinic.

Businesses like these can rely heavily on the strength of their intellectual property. If you have dreams of overtaking them, you need the same drive, determination, and sound legal advice. Thankfully, you can discover how to get going and why hiring an attorney can make sense in the following sections.

What Is Copyright Registration?

Copyright registration offers the author of a piece of work in Montana 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 Montana 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

Montana law has three requirements for filing for a trademark. First, business owners must submit a completed application. This documentation has to include all information required by the state. Finally, the details provided should provide the best possible description of the goods or services. Judging whether you’ve met this criteria properly may require a consultation with a trademark attorney.

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

The USPTO reports that they continue to receive record-setting volumes of applications. Consequently, it can take two to eight months for a first office action to happen. The complete process from start to finish can be a twelve to eighteen-month endeavor. You may set better expectations for how much time to invest by looking at these timelines from the federal government.

Currently, organizations in Montana do not have to wait as long for their copyright protection. The registration processing timelines are 3.6 months on average. Once obtained, this legal protection from copycats can last up to 70 years after the applicant’s death.

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

The value of your Montana 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 Montana 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.

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