Copyright Law in Ohio

Ohio creatives deserve the full credit for the intellectual property and inventions they bring to market. It is not uncommon for another individual or business entity to use your designs; either by mistake or in an attempt to lure business away from you. To protect your work, and protect yourself from monetary damage, you may want to consult with an experienced Ohio copyright attorney. He or she can help you protect your intellectual property and get the credit you deserve.

What Is Copyright Registration?

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

When filing your application you’ll be required to provide evidence of the trademark being used with the goods or services you provide. This evidence can be in the form of letterhead, business cards, or even fliers. But the mark must be exactly the same, in every way, as the one you are filing in your application. Ohio Ventures states that every applicant can file in one of three ways. Either in person, by paper application, or electronically.

To demonstrate the power of trademarks, NBC reports that Ohio State University recently was able to trademark the word “THE” after years of legal wrangling in the courts. For branding, as well as merchandising purposes, the school is now the only entity that is allowed to brand its products as “The Ohio State University.”

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

Receiving your trademark in Ohio can take a period of months, and it’s important to remember that this process can become even longer if you have made an error on your application. However, according to the Ohio Secretary of State, once you receive your trademark, it is good for 10 years, and can be renewed as soon as 6 months before expiration.

Copyright and trademark law is nuanced, and it can be quite easy to go astray if you are going it alone. Time is of the essence when you are waiting for your trademark, and an experienced Oho copyright attorney can help you put your best foot forward when filing your application. Simplifying this process eliminates the likelihood that your application would be flagged due to mistakes, and costs you more time.

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

The value of your Ohio 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 Ohio 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.

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

How It All Works

Call us or answer the questions on this site. Your category, location, and additional information will help us connect you to a legal professional and we’ll send you the results instantly.

Which Areas of Law?

We have attorneys in over 20 legal categories to choose from.

How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.