Law & Legal & Attorney Law & Legal & Attorney

A Trademark Attorney Can Be Your Guide

Trademarks, copyrights, patents are terms that we hear all the time. But chances are you might not understand exactly what they each mean. If you have an idea for a great new product how would you know which one of these you needed to protect it? A trademark attorney could help you determine which you needed in order to protect your interest.

If your business has a particular word, logo, phrase, symbol, or character associated with it that is used in conjunction with advertising and sales, then a trademark would be what you needed to apply for and a trademark lawyer could guide you through the process. Trademarks can also be sounds, or colors; take for example the NBC chimes or Kodak's signature yellow. A trademark is used to set apart their products and services from their competitors. Trademarks can be seen in all kinds of marketing and advertising. They are displayed on packaging, tags, labels, and even stamped on the products themselves. A trademark identifies the qualities and characteristics of the good or service that they are associated with to the consumer. They often offer consumers a sense of quality and consistency.

Copyrights protect original works of authorship such as works of literature, art, movies, music, and even such things as architectural works or websites. A copyright protection generally lasts the life of the author plus an additional 70 years. During the term of the copyright the protected work may not be used without the owner's permission. The copyright is actually mentioned in the U.S. Constitution. An original work automatically has copyright protection upon its creation. However, the creator must apply for and obtain copyright registration from the United States Copyright Office before he can sue someone for copyright infringement.

Patents protect inventions and they way they function. Utility patents protect the way an invention functions and works. Design patents protect the outward appearance of an invention instead of its functionality. Once you hold a patent, your invention cannot be made, used, distributed, or sold without your permission. Provided all the required maintenance fees are paid, utility patents are granted for 20 years from the date the patent was first applied for. Design patents last 14 years from application date and do not require any maintenance fees. After the patent expiration, inventions enter public domain and can be made or sold by anyone who wishes to do so.

Although patents are different from trademarks and copyrights, they all protect the creator of original intellectual property. Whether you've written the next great novel, or invented the method for manufacturing your own legal currency, or have developed a symbol for to identify your company in the marketplace, a trademark attorney can help you register your intellectual property to protect it from improper use.

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