Copyright Law in New Mexico

Trademarks are created not only to protect the intellectual property of New Mexico creators, but also the consumer who may wish to partake in this creator’s goods or services. Trademarks are a good faith effort by those conducting business that they are not intentionally trying to mislead a consumer by tying their goods or services to someone else. To protect your creative work, as well as establish good faith with consumers, you should file an application for a trademark. When you do, you may want to hire an established copyright attorney in New Mexico.

What Is Copyright Registration?

Copyright registration offers the author of a piece of work in New Mexico 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 Mexico 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

According to the New Mexico Secretary of State, an application for a trademark in the state must be accompanied by 3 specimens of the trademark being used in commerce for the good or service it represents. These specimens must be examples of how the mark is actually used in business. These specimens can be letterhead, business cards, invoices, ro flyers. However, copies are not acceptable when filing your application.

Applications must be typed, or written legibly in black ink. The application must also include, but is not limited to:

  • The name of the applicant
  • Applicant’s business address
  • Date of the first use of the mark
  • The class code that best describes your goods or services

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

It’s important to remember that the timeframes can differ depending on where you are filing your application, and where you plan to do business. The USPTO states that a trademark application for a national business can take anywhere from 12 to 18 months to receive. However, if you are receiving a trademark for a smaller business operating only in New Mexico, the time frame could be much less.

While you can go through this process by yourself, New Mexico Business Portal encourages you to have an experienced New Mexico copyright attorney by your side. He or she can help you navigate the application process, as well as help you enforce your rights should anyone infringe upon them.

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

The value of your New Mexico 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 Mexico 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 Mexico 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 Mexico. 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 Mexico copyright attorneys that can guide you through every step? We can even help you connect with an attorney across New Mexico 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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