Copyright Law in Trenton, NJ
NJ.com reported that in 2017 Halo Fram sued Halo Top Ice Cream over trademark infringement. As both are ice cream brands, Halo Farm alleged that Halo Top Ice Cream was using branding that was confusingly similar to its own trademarks. Thereby it was doing monetary damage by confusing the customer base. If you encounter trademark infringement, you’ll need to be able to enforce your rights to get relief. The best way to do this may be to seek the counsel of an experienced copyright attorney in Trenton to help you file for trademark protection.
What Is Copyright Registration?
Copyright registration offers the author of a piece of work in Trenton, New Jersey 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 Trenton, NJ 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 Trenton, NJ business people and brand owners often trademark:
- Product packages
- Name of the business
- Name of the product or service
The New Jersey Department of Business provides information that allows Trenton residents to file trademark applications at both the state and federal level. It’s important to remember that a state recognized trademark will only protect your business in New Jersey, while a federal trademark will allow you to enforce your rights throughout the U.S. You’ll have to supply 3 separate examples of your trademark in use, as well as detailed drawings of the mark and any words, if applicable. In addition, you’ll be required to pay a non-refundable filing fee of $50.
How Long Does It Take to Register a Trademark and Copyright?
According to Business New Jersey, the wait time for a Trenton entrepreneur or designer to receive full trademark protection for their intellectual property can depend upon the different parameters of each application. This wait time can also be compounded by mistakes or errors in the application process. To avoid such errors, it may be in your best interest to have an experienced copyright attorney in Trenton help you file the application. This area of the law is quite nuanced, and it may be in your best interest to seek out expertise in the field.
What’s the Difference Between a Trademark and a Copyright?
The value of your Trenton, NJ 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 Trenton, New Jersey 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 Trenton, NJ 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 Trenton, NJ. 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 Trenton copyright attorneys that can guide you through every step? We can even help you connect with an attorney across New Jersey 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!