Copyright Law in Winston-Salem, NC

Creatives in Winston-Salem should get the full credit for the intellectual property and designs for their businesses. Trademark laws exist not only to protect consumers, but also to monetarily protect entrepreneurs from those using deceptive tactics to lure business away. If you wish to trademark your intellectual property, you may want to seek the counsel of an experienced copyright attorney in Winston-Salem.

What Is Copyright Registration?

Copyright registration offers the author of a piece of work in Winston-Salem, North Carolina 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 Winston-Salem, NC 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 Winston-Salem, NC business people and brand owners often trademark:

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

A full overview of the application process for trademarks in Winston-Salem is provided by the North Carolina Secretary of State. Once you have created your trademark, that is created the words or design that are intrinsic to your mark, you must make certain that the mark is used in conjunction with the goods or services you provide. This is essential, as you will have to provide proof of this with your application.

It is also vitally important that you conduct research to be certain that the mark you are attempting to protect does not already exist. You can use the North Carolina State Trademark Database, or the North Carolina Business Registration Database to start this research. If you require help with this research, you can always reach out to an experienced copyright attorney in Winston-Salem.

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

The North Carolina Legislature affirms that trademarks in Winston-Salem that receive protection in the state of North Carolina does not mean that that protection extends to the federal level. For national protection an entrepreneur in Winston-Salem should file a trademark application with the USPTO. However, the timeframe to receive full protection will differ on the state and federal level. A state level protection can take anywhere from 4 to 6 months, but federal trademarks can take as long as 18 months.

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

The value of your Winston-Salem, NC 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 Winston-Salem, North Carolina 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 Winston-Salem, NC 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 Winston-Salem, NC. 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 Winston-Salem copyright attorneys  that can guide you through every step? We can even help you connect with an attorney across North Carolina 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.