Copyright Law in Roanoke, VA

The Roanoke County Department of Economic Development reports on the top three employers in the area. Carilion Clinic, Wells Fargo Bank, and Veterans Affairs are at the top of the list for job providers currently.

Do you see your business changing lives by offering a place in your growing company?

Branding through copyrights and trademarks will get you there. But, each aspect, from completing the application to pursuing civil actions, can necessitate legal help. Discover some essential facts to consider and a path forward in this guide.

What Is Copyright Registration?

Copyright registration offers the author of a piece of work in Roanoke, Virginia 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 Roanoke, VA 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 Roanoke, VA business people and brand owners often trademark:

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

Businesses from Roanoke apply to the State Corporation Commission to register their trademarks. The mandatory fee is $30 per mark and classification. Additional details you must include are:

  • A specimen that demonstrates the use of the mark
  • An exhibit of the appearance of the trademark
  • A declaration of the class of goods and services as described in Virginia law
  • Any further details requested by the state government

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

Estimating the timeline for your trademark application starts with understanding your filing basis. For example, currently using the mark has different procedures than when you own a foreign IP. In most situations, data from the USPTO shows a 13.3 month wait for registration or denial. But, it’s worth assuming that delays will increase this period to 18 months.

Under the right conditions, the U.S. Copyright Office can resolve applications in one month. However, there are aspects that can extend their schedule to a full year. Specialist availability, application volume, and common mistakes are chief among these factors.

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

The value of your Roanoke, VA 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 Roanoke, Virginia 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 Roanoke, VA 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 Roanoke, VA. 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 Roanoke copyright attorneys  that can guide you through every step? We can even help you connect with an attorney across Virginia 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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