Copyright Law in Omaha, NE

Omaha is home to famous companies like Aflac, Union Pacific, and Berkshire Hathaway. As any of these businesses expand, they collect intellectual property. Otherwise, they may not have the same brand recognition that they enjoy today.

Regardless of industry or specialty, trademarks and copyrights can be key components. Accordingly, this article contains what anyone needs to know to find answers to their critical questions. If you believe you may need legal help, this guide will help you analyze your needs today.

What Is Copyright Registration?

Copyright registration offers the author of a piece of work in Omaha, Nebraska some protection from those who try 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. A piece of work doesn’t require copyright registration for protection under the US copyright law. However, you should register your product in Omaha, NE with the help of a copyright lawyer, as this can offer you several unique advantages:

• Protects 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 becomes 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 established Omaha, NE business people and brand owners often trademark:

• Logos
• Symbols
• Product packages
• Name of the business
• Name of the product or service
• Designs

Applications for a trademark or service mark from Omaha go to the Oklahoma Secretary of State. The filing fee is $110, and you need to send three examples of the trademark. Guidelines from the USPTO on appropriate specimens you can submit include:

• Include actual instances of the use of the mark in current business operations

• Demonstrate the use of the intellectual property

• Provide an accurate depiction of the trademark

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

Trademark data from the USPTO shows a marked increase in waiting times in the last three years. In 2019, the government started its first office action in about two months. As of June 2022, applicants from Omaha can wait as long as eight months for a response.

In general, the process from application to registration takes 13.3 months. A few of the common mistakes you will need to avoid include:

• Using generic terms for the proposed mark

• Identifying the incorrect goods and services in the application

• Utilizing words that are merely descriptive and not distinctive

• Offering specimens that do not show the relevance

Working with the U.S. Copyright Office also goes smoother with fewer issues to address with a specialist. Their data shows that complex cases that make extra communication necessary change the timeline. In some circumstances, they can get through an application in a month. At worst, you could wait as long as 11 months.

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

The value of your Omaha, NE 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. Due to this, if people use those assets without your permission, you can file a lawsuit for infringement.

While trademarks and copyrights protect intellectual property, they cover two different aspects. Copyright registration protects artistic and literary works, such as videos and books. A trademark registration protects brand components. This can 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 the magazines that you have published.

Work With an Experienced Omaha, Nebraska 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.

An experienced Omaha, NE copyright lawyer 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 determine the value of the intellectual property that you own.

An intellectual property lawyer also assesses the quality of the assets. They will also look at the number of assets licensed under your name or your business in Omaha, NE. 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 Omaha copyright attorneys  that can guide you through every step? We can even help you connect with an attorney across Nebraska 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!