Copyright Law in Oklahoma

Unfortunately there are bad faith actors operating in the world. If your intellectual property is unprotected, there is nothing to stop someone from using it, or misusing it. But you can take steps to protect your creations and designs by filing an application for a trademark in Oklahoma. You can simplify this process by seeking the counsel of an experienced copyright attorney in Oklahoma.

What Is Copyright Registration?

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

The Oklahoma Secretary of State gives a brief rundown of trademark applications in an attempt to simplify the process for those filing. When filling out your application you will have to include:

  • A copy of the trademark
  • Brief description of goods or services the mark accompanies
  • First date of us of the trademark
  • Classification of goods or services
  • Applicant’s name and address

Bloomberg Law recently reported that the Bank of Oklahoma is suing Dank of Oklahoma, a new cannabis business, for trademark infringement. They are contesting that the name is intentionally misleading.

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

SecureYourTrademark states that as soon as you begin using your mark in conjunction with your goods or services you establish what is known as Common Law Trademark Rights regarding the mark. But it can take anywhere from 12 to 18 months if you are seeking to register your trademark nationally through the United States Patent and Trademark Office.

Establishing a trademark is an excellent way to establish your rights regarding your intellectual property. However, this does not mean that someone cannot infringe upon these rights. If you find yourself facing such a situation, your best course of action may be to hire an experienced Oklahoma copyright attorney. He or she can help seek relief from any damages inflicted by the infringement upon your trademark rights.

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

The value of your Oklahoma 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 Oklahoma 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.

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