Copyright Law in New Hampshire
Do you believe you have a brand that could eclipse a company like Timberland?
According to Insider, the New Hampshire-based boots company is one of the most recognizable in the state. Moreover, a notable enterprise often has intellectual property at the heart of its success.
The inconvenient truth is that trademarks and copyrights are notoriously difficult to obtain. The complexities can add up quickly after taking several factors into account. You can start that analysis for yourself by reading our article today.
What Is Copyright Registration?
Copyright registration offers the author of a piece of work in New Hampshire 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 New Hampshire 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
Business owners can register a trademark with the New Hampshire Department of State. The current fee is $50 for the application and $10 for assignments. However, there are regular legislative changes that you may need to take into account. As a result, it can be frustrating to devise an optimal strategy unless you’re an experienced attorney.
How Long Does It Take to Register a Trademark and Copyright?
Processing wait times from the USPTO suggest they try to respond to applications in 2.5 to 7.5 months. But, their target for completing the process is over 13 months. As a result, it can be practical to assume you will have to wait up to a year and a half.
According to its website, a significant factor for registering a trademark is the filing basis. Three examples that may apply to your situation in New Hampshire include:
- Currently using the trademark for business activities
- Intending to use the intellectual property for goods or services soon
- Owning a foreign registered trademark
The U.S Copyright Office takes about three months to provide legal protection for your work. That timeline can extend due to errors, omissions, or reapplications.
What’s the Difference Between a Trademark and a Copyright?
The value of your New Hampshire 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 New Hampshire 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.
New Hampshire 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 New Hampshire. 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 New Hampshire copyright attorneys that can guide you through every step? We can even help you connect with an attorney across New Hampshire 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!
