A trademark includes any word, name, symbol, or device, any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others to indicate the source of the goods. In short, a trademark is a brand name.
Federal registration has several advantages, including notice to the public of the registrant's claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the goods or services set forth in the registration.
Copyright is itself an automatic international right, governed by international conventions - principally the Berne Convention. This means that copyright exists whether a work is registered or not. However, to have a legal claim to your work, you need a copyright registration. This places on record a verifiable account of the date and content of the work in question. In the event of a legal claim, or case of infringement or plagiarism, the copyright owner can produce a copy of the work from an official government source, allowing legal action.
The US Copyright Office says, "As a general matter, copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner." Copyright holders cannot claim statutory damages or attorney's fees unless the work was registered prior to infringement, or within three months of publication.
Get legal proof that you own your work and your brand! Our skilled attorneys can help you get your work protected with a copyright and/or trademark registration.Once your work is protected The Fein Law Firm is equipped to pursue legal action from injunctions to criminal proceedings.
In case of a claim for infringement, your rights to ownership or use will be vigorously pursued. With the knowledge of copyright and trademark laws and extensive litigation experience, The Fein Law Firm will spearhead your legal rights and interests throughout the case.
For all of your copyright and trademark needs, trust our years of experience with copyright and trademark law. Call us today to discuss your situation. We're here to help!