Copyright Law in Washington

Washington State is home to some of the most recognizable brands in the world. Microsoft, Starbucks, and Boeing are only the beginning of an extensive list.

Reaching their level doesn’t happen without procuring many trademarks and copyrights. Unfortunately, the application process can feel obtuse. Moreover, you have to pursue copycats through civil remedies. Per these needs, we’ve compiled some essential information you need to evaluate your options.

What Is Copyright Registration?

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

Business owners should conduct a corporation search before registering one with the state. With that task completed, you can proceed to apply with the Secretary of State. A few of the standard fees include:

• Original Registration: $55 for each classification number

• Renewal (5 Year): $50 for each classification number

• Expedited Service: $50 plus the standard filing fee

• Reservation of Name: $30

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

Successfully registering a trademark with the USPTO takes an estimated twelve to eighteen months. In total, the federal government identifies six steps that need to happen. The process that needs to unfold includes:

• Determining if a trademark is necessary or appropriate

• Preparing a strategy

• Finishing and submitting the application

• Working out issues identified by the examining attorney

• Receiving the approval or rejection

• Paying maintenance fees to maintain the right to the trademark

Applying for copyright takes less time, but it has just as many potential complications. At present, the U.S. Copyright Office can process applications in around three months.

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

The value of your Washington 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 Washington 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.

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