Copyright Law in Oregon

It’s important for individuals and companies in Oregon to protect their intellectual property. Whether a singular entity or business entity, trademarks are established and protected so that there is no confusion on the part of the consumer. However, there may come a time when someone infringes upon your work, and you’ll need to enforce your trademark rights. This is where the counsel of an experienced Oregon copyright attorney could prove most beneficial.

What Is Copyright Registration?

Copyright registration offers the author of a piece of work in Oregon 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 Oregon 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 Oregon Small Business Development Center gives an overview of the steps you’ll need to take in order to secure trademark protections. There are many trademarks in active status throughout Oregon and the U.S., so you’ll need to consult the Oregon Active Trademark Database to be certain that your mark doesn’t too closely resemble someone else’s.

When submitting an application you’ll need to be sure to attach samples of the mark being used in conjunction with the goods or services that you provide. You’ll also need to include certain information such as your business address, the classification of your business, and the date that the trademark was first used. In addition, you will have to include a $50 non-refundable filing fee.

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

The Oregon Secretary of State encourages all creators and entrepreneurs in Oregon to know the differences of filing for a trademark at the state level, as opposed to the federal level. While filing at the state level means the process moves a little more quickly, generally receiving your mark anywhere from 4 to 6 months, it only offers trademark protection in the state. A federally recognized trademark will offer you protections throughout the U.S., though the USPTO states that receiving this mark can be lengthier, taking anywhere from 12 to 18 months.

When you file your application, it may be in your best interest to have an experienced Oregon copyright attorney by your side. He or she can help you avoid the pitfalls that can lengthen the time it takes to receive approval for your trademark.

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

The value of your Oregon 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 Oregon 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.

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